Tom Dickerson
Tom Dickerson is a trial attorney and co-founder of Dickerson Oxton, where he focuses on personal injury, wrongful death, medical malpractice, and catastrophic injury litigation. Since launching the firm with Chelsea Oxton Dickerson in 2010, Tom has helped recover millions of dollars for injured clients through aggressive advocacy and courtroom experience. Known for his client-first approach, he is dedicated to standing up for individuals and families against insurance companies and large corporations.
Losing a loved one unexpectedly in accidents with Uber drivers can be a devastating shock. Accidents can happen suddenly and without warning, which can add to the stress and grief of the loss. While no compensation can replace a lost spouse, parent, sibling, or child, many financial burdens come with the death of a family member. Funeral expenses must be paid, medical bills can be a factor, and some wrongful death cases involve the loss of an income stream for a family. Wrongful death lawsuits are designed to help recoup these losses and financially support the bereaved.
However, wrongful death lawsuits involving Uber drivers may not be so straightforward. The legal implications of a rideshare company hiring a driver could influence how a wrongful death case is approached, and Uber’s insurance policy may be a factor when seeking compensation. Understanding when a rideshare company is liable for an accident, how that may influence the liability of the driver, and what that means for a case are all key factors in Missouri and Kansas wrongful death cases. Being able to effectively determine liability and provide concrete evidence as proof can help families secure compensation for the loss of a loved one.
Consider speaking with a skilled Kansas City, Missouri wrongful death attorney from Dickerson Oxton to learn more about your legal rights. Schedule a consultation today by calling the office at (816) 542-6599.
Kansas City Wrongful Death
Wrongful death lawsuits can be complex affairs, particularly when the death involved medical bills and other attempts to mitigate the damage of the accident. A wrongful death case can be brought to court when the death of an individual is caused by the negligence of another. This means that not every accident involving Uber drivers can be considered a wrongful death case. The death of the individual must be directly caused by the negligence of the Uber driver. However, wrongful death lawsuits often allow for compensation for non-economic damages such as bereavement, pain and suffering, and mental anguish. Understanding the legal basis for wrongful death lawsuits in Kansas City can help prepare individuals to present their case.
Uber’s Legal Responsibility for Wrongful Death
However, while standard wrongful death lawsuits only require the plaintiff to prove the negligence of the defendant, wrongful death cases involving Uber drivers can be much more complex. Uber is legally responsible for screening their drivers and employing due diligence in the hiring process. If Uber were negligent in hiring a driver with a history of traffic violations, drug use, or in violation of Uber’s driver requirements, they may be held liable for damages in a wrongful death lawsuit. Additionally, if the accident occurred with a passenger in the Uber driver’s vehicle, Uber’s insurance policy may cover the damages. Many complicating factors in rideshare accidents involving wrongful death can turn a standard case into an overwhelming legal ordeal.
An experienced wrongful death attorney can help. Consider speaking with a lawyer from Dickerson Oxton to learn more about your legal rights.
Who Can File for Wrongful Death in Missouri?
Not everybody can file for damages in a wrongful death case. Missouri restricts the number of individuals who can seek compensation for wrongful death to close family members. According to R.S. Mo. § 537.080, only the spouse, child, parent, or direct descendant of the deceased may file for wrongful death. In the event that none of those individuals can file, a sibling of the deceased or a plaintiff ad litem may file for wrongful death compensation. These regulations are to prevent fraudulent wrongful death lawsuits, keeping unscrupulous individuals from profiting off the deaths of others.
Understanding Fault in Wrongful Death Cases
When pursuing compensation for wrongful death, the plaintiff must understand how fault works in the Missouri and Kansas court systems. Wrongful death lawsuits are built on the principle of compensating victims for damages caused by negligence that would not have occurred had the defendant been exercising safe practices. However, simple negligence is not enough to win a wrongful death case. The negligence of the defendant must have directly caused the death of the individual. This means that other factors or contributory fault could influence compensation for wrongful death. If the decedent had a preexisting condition, or was partially responsible for the accident that led to their death, the case may not be straightforward. Additionally, the amount of contributory fault can reduce the amount of compensation awarded, or even bar compensation entirely in Kansas. Missouri and Kansas have two different legal philosophies regarding fault, and understanding the difference may strengthen a wrongful death lawsuit in either state.
Frequently Asked Questions
Listed below are several frequently asked questions regarding wrongful death lawsuits involving Uber drivers.
What Evidence is Needed to Prove a Wrongful Death Caused by Uber?
To prove negligence in a wrongful death lawsuit with an Uber driver, the plaintiff must connect the negligence of the offending party to the damages incurred. Some evidence that is generally helpful includes photos and videos of the scene, black box data from the vehicles, witness testimony, and medical records detailing injuries.
How Long Do I Have to File a Wrongful Death Lawsuit Against Uber?
The statute of limitations for wrongful death lawsuits in Missouri can range between two and three years, depending on the type of case. However, for accidents in Kansas, the statute of limitations is two years for wrongful death, according to K.S.A. § 60-513.
What is Uber’s Insurance Coverage for Injuries and Wrongful Death?
Uber’s insurance coverage operates on multiple levels. If the Uber driver is not signed into the Uber app and on call for a ride, the driver’s personal insurance applies. If the Uber driver is on call or en route to pick up a passenger, a limited coverage plan may apply. However, if the Uber driver is currently driving a passenger, Uber’s insurance may cover up to $1,000,000 in damages.
Speak to a Kansas City Wrongful Death Lawyer
Wrongful death lawsuits involving Uber drivers are incredibly complex cases. Navigating the legal implications of a rideshare company being involved in the accident can require extensive legal knowledge and experience with court procedure. If Uber is liable for the accident, they may have access to numerous legal resources. Additionally, managing these complexities while grieving the loss of a dear family member can be incredibly frustrating, adding unnecessary stress to an already difficult time. A skilled wrongful death lawyer from Dickerson Oxton can help evaluate your wrongful death lawsuit and inform you of your legal options. Schedule a consultation today by calling the office at (816) 542-6599.