Can You Sue Uber or Lyft If Your Driver Was Speeding?

May 14, 2025 | By The Oakes Firm
Can You Sue Uber or Lyft If Your Driver Was Speeding?

The short answer is yes, you can pursue legal action if your speeding Uber or Lyft driver caused an accident that injured you. But like most things involving giant corporations and insurance companies, it's not exactly straightforward. Who you sue and how much you might recover depends on a bunch of factors.

If a speeding driver’s reckless actions lead to your injuries, give The Oakes Firm a call at (267) 310-0656 – getting advice early makes a difference.

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Speed Kills... Your Claim? Not Necessarily, But It’s Complicated.

Illustration of a car accident involving a speeding rideshare vehicle, with an attorney in the foreground representing a personal injury case.

So, your driver was speeding. Maybe they got a ticket, maybe they didn't. While a speeding ticket helps, it's not the only piece of the puzzle when figuring out who's responsible (or liable, in legal speak) for your injuries after a crash.

In Pennsylvania, like everywhere else, drivers have a basic "duty of care" to operate their vehicles safely. Speeding is a clear violation of that duty. If that speeding directly caused the accident and your injuries, the driver was negligent. This negligence is the foundation of a personal injury claim.

However, suing the driver is one thing. Getting money from Uber or Lyft directly is a whole different ballgame.

The "Independent Contractor" Shuffle: Why Suing Uber/Lyft Directly is Tough

You might think, "The driver works for Uber/Lyft, so Uber/Lyft should pay!" Makes sense, right? Unfortunately, these rideshare giants have structured their businesses specifically to avoid that exact scenario.

Uber and Lyft classify their drivers as independent contractors, not employees.

This distinction is huge. Legally, companies generally aren't responsible for the negligent acts of their independent contractors in the same way they are for their employees. It’s their primary defense: "Hey, that driver doesn't work for us, they just use our app to find customers. Their bad driving isn't our problem."

This means suing Uber or Lyft directly for the driver's speeding is extremely difficult. You generally can't hold the company liable just because their driver messed up.

Are there exceptions? Maybe, but they're narrow:

  • Negligent Hiring/Retention: If you could prove Uber or Lyft knew (or should have known) the driver was dangerous or unqualified (e.g., a history of reckless driving, repeated serious complaints) and let them drive anyway, you might have a direct claim against the company. Proving this is tough. They have background checks, but how thorough are they, really?
  • Company Policy Issues: If some specific company policy or app feature forced or encouraged the dangerous speeding, that could be another angle, but again, it's a hard argument to win.

So, while suing the company directly for the speeding itself is unlikely, don't despair. The real action usually happens with their insurance policies.

Follow the Money: Unraveling Rideshare Insurance Coverage

So suing Uber or Lyft directly is a long shot. But that doesn't mean you're out of luck. The key often lies in the substantial insurance policies these companies are legally required to carry in Pennsylvania, thanks to laws like Act 164 of 2016 (found in Title 53 of the Pennsylvania Consolidated Statutes).

Here’s how insurance typically works, depending on the driver's status at the time of the crash:

  • Driver is Offline (App is Off): If the driver wasn't logged into the Uber or Lyft app when the accident happened, then Uber/Lyft's insurance doesn't apply at all. You'd pursue a claim against the driver's personal auto insurance, just like in any other car accident.
  • Driver is Logged In, Waiting for a Ride Request (Period 1): The driver is available on the app but hasn't accepted a ride yet. Pennsylvania law (53 Pa.C.S. § 57A07 / § 2603.1, depending on specific sections of Act 164) requires contingent coverage in this phase, typically:
    • $50,000 bodily injury liability per person
    • $100,000 bodily injury liability per accident
    • $25,000 property damage liability per accident
    • This coverage usually only kicks in if the driver's personal insurance denies the claim or isn't enough.
  • Driver Has Accepted a Ride or Is Transporting a Passenger (Periods 2 & 3): This is the critical phase if you were a passenger or were hit by a driver on their way to pick someone up or actively driving a passenger. During this time, much higher insurance limits apply, maintained by Uber/Lyft:
    • $1 Million in third-party liability insurance. This covers injuries or damages caused to others (like you, the passenger, or people in another car hit by the rideshare).
    • Uninsured/Underinsured Motorist (UM/UIM) Coverage: Uber generally provides $1 Million in UM/UIM coverage during this period. This protects you if the other driver was at fault and uninsured or didn't have enough insurance to cover your damages. (Note: Reports suggest Lyft may have different or no UM/UIM coverage in some situations, making it even more complex).
    • First-Party Medical Benefits: Pennsylvania law also mandates coverage for medical expenses.

Key Takeaway: If you were injured while a passenger in a speeding Uber or Lyft, that $1 Million liability policy held by the rideshare company is likely the primary source for covering your damages caused by the driver's negligence. Accessing it involves filing a claim related to the accident, pointing to the driver's speeding as the cause.

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You Say Speeding, They Say Prove It: Gathering Your Evidence

Just knowing the driver was speeding isn't enough. Insurance companies (even Uber/Lyft's) aren't just going to write you a check because you said so. You need evidence to back up your claim that the driver's excessive speed caused the accident and your injuries. Here's what you or your lawyer will focus on gathering:

  • The Official Police Report: This is fundamental. Does it mention speeding? Did the officer issue a citation? Does it note witness statements about speed? While not always conclusive, it’s a powerful starting point. Obtain a copy as soon as possible.
  • Your Own Detailed Account: Write down everything you remember about the ride before the crash. Did the driver seem rushed? Were they weaving? Did you feel like they were going too fast? Did you say anything? Document your injuries and how they occurred in the crash.
  • Witness Information (Follow-Up): If you got contact info at the scene, follow up (or have your lawyer do it). Formal statements might be needed later. Eyewitness accounts corroborating the speeding are very persuasive.
  • Photos and Videos (Post-Scene Review): Review any photos or videos you took of the scene (vehicle damage, skid marks, debris fields, road conditions). While you took them earlier, analyzing them now is key.
    • Vehicle Damage: Severe damage in what seems like a moderate-impact zone can suggest higher speeds. Accident reconstructionists can analyze this.
    • Skid Marks: The length and nature of skid marks (or lack thereof if ABS was involved) provide clues about speed and braking.
    • Debris Field: Where debris ended up can help experts estimate impact speed.
  • Rideshare App Data: Your own app history shows the trip details (time, route). Your lawyer may be able to obtain more detailed data from Uber/Lyft through legal processes, potentially including GPS speed data, though companies might resist sharing this. Dashcam footage from the rideshare vehicle, if available, would be invaluable.
  • Medical Records: Thorough documentation linking your specific injuries to the forces involved in the crash is essential. Keep records of all treatment, diagnoses, and costs.
  • Accident Reconstructionist: For serious accidents, an expert may be hired to analyze all available physical evidence (vehicle damage, scene photos, road geometry) to scientifically estimate the vehicle's speed at the time of impact.

Building this evidence portfolio is how you move from "I think the driver was speeding" to "Here's proof the driver was speeding, and it caused my injuries."

Steps After You're Home

The immediate aftermath of the crash is handled. You're home, maybe banged up, definitely stressed. Here’s a practical game plan:

  1. Prioritize Medical Treatment & Follow-Up: This is non-negotiable. See a doctor, even if you think you feel okay. Some injuries take time to appear. Follow all medical advice, attend all appointments, and keep meticulous records of everything – diagnoses, treatments, bills, medication costs, therapy sessions. This documentation is vital proof of your injuries and expenses.
  2. Report the Accident to Uber/Lyft (Carefully): You generally need to report the incident through their app or website. Stick to the basic facts: date, time, location, driver, you were injured. Do not give opinions about fault. Do not agree to give a recorded statement to their representatives without speaking to a lawyer first. Their goal is to minimize their payout, not help you.
  3. Gather Your Own Documentation: Organize everything related to the accident and your injuries:
    • The police report number and officer details.
    • Driver and vehicle information you collected.
    • Witness contact info.
    • Photos/videos you took.
    • Your ride receipt/trip details from the app.
    • All medical bills and records.
    • Proof of any lost wages (pay stubs, employer letter).
    • Keep a simple journal documenting your pain, limitations, and how the injuries affect your daily life.
  4. Do NOT Talk to Insurance Adjusters Alone: The rideshare company's insurer, the driver's personal insurer, or even your own insurer might call. They may sound friendly, but they represent the insurance company's financial interests. Politely decline to give a recorded statement or sign any releases or documents until you have consulted with an attorney. Anything you say could potentially be used against your claim later.
  5. Be Mindful of the Clock (Statute of Limitations): In Pennsylvania, you generally have two years from the date of the accident to file a personal injury lawsuit (42 Pa.C.S.A. § 5524). Miss this deadline, and you lose your right to sue, period. While two years sounds like a long time, building a strong case takes effort, so don't wait.
  6. Contact a Personal Injury Lawyer: This isn't just a shameless plug. Rideshare accidents involving speeding drivers, multiple insurance policies, and billion-dollar companies are genuinely complex. A lawyer who handles these types of cases can investigate, gather evidence (including potentially subpoenaing records from Uber/Lyft), deal with the insurance companies, calculate your total damages, and fight to get you fair compensation, either through settlement or trial.

What Kind of Compensation Can I Actually Get?

If you successfully prove the rideshare driver's speeding caused your injuries, you may be entitled to recover compensation, known as "damages," for various losses. The goal is to make you "whole" again, as much as money can. 

Common types of damages in Pennsylvania include:

  • Medical Expenses: All costs related to your injuries – past, present, and future. This includes hospital stays, surgeries, doctor visits, physical therapy, medication, medical equipment, and projected costs for ongoing care.
  • Lost Wages: Compensation for the income you lost while unable to work due to your injuries.
  • Loss of Future Earning Capacity: If your injuries permanently affect your ability to work or earn the same level of income as before, you can seek damages for this diminished capacity.
  • Pain and Suffering: Compensation for the physical pain, emotional distress, inconvenience, and general loss of quality of life caused by the accident and injuries. This is often subjective but a significant part of a settlement or verdict.
  • Property Damage: If any of your personal property was damaged in the crash (phone, laptop, etc.), you could be compensated for its repair or replacement. (Damage to the vehicle itself is usually handled separately if you weren't the owner).
  • Punitive Damages (Rare but Possible): In cases where the driver's conduct was exceptionally reckless or malicious (e.g., extreme speeding far beyond the limit, potentially combined with DUI), a court might award punitive damages. These aren't meant to compensate you for losses but rather to punish the wrongdoer and deter similar behavior. They are harder to get.

The exact amount depends heavily on the severity of your injuries, the strength of your evidence, the available insurance coverage ($1M policy limit is often a major factor), and the skill of your legal representation in negotiating or arguing your case.

Don't let a reckless driver and a faceless corporation dictate your recovery. Take control. Call The Oakes Firm today at (267) 310-0656 for a consultation with an experienced rideshare accident lawyer. Let's talk about getting you back on the road to recovery.

Schedule A Free Case Consultation