Can I Sue Uber for Emotional Distress?

Yes, you can sue Uber for emotional distress in Colorado. However, your case depends on the circumstances of the accident and who is legally responsible if you were emotionally traumatized in a crash involving an Uber. Whether you were a passenger, driver, or pedestrian, you may have legal grounds to seek compensation. Emotional distress after an accident is often life-altering. 

Colorado personal injury law allows for the recovery of damages related to emotional harm, especially when it accompanies physical injuries or stems from particularly negligent or reckless behavior. This article explains your legal options, how emotional distress claims work in Colorado, what evidence strengthens your case, and how an Denver rideshare accident lawyers can help you confidently move forward.

Understanding Emotional Distress in Legal Terms

Emotional distress refers to the psychological impact an accident has on your well-being. This injury can include anxiety, depression, post-traumatic stress disorder (PTSD), and other mental health challenges. In legal terms, emotional distress is categorized as a non-economic loss, which means it’s a type of harm that doesn’t come with a direct bill or invoice. However, it is nonetheless real and compensable under Colorado law.

There are two primary types of emotional distress claims:

• Negligent Infliction of Emotional Distress (NIED): This is the most common type in accident cases. It occurs when someone’s careless or reckless behavior causes you significant emotional suffering. In Uber-related car accidents, this is typically the legal theory applied.
• Intentional Infliction of Emotional Distress (IIED): This is less common and applies when someone deliberately behaves in an extreme and outrageous way that causes psychological harm. An example might be a driver who purposely endangers a passenger.

In most Colorado personal injury cases, including rideshare accidents, courts may require that emotional distress be accompanied by a physical injury or other serious consequence to be compensable. However, exceptions exist when the conduct was especially egregious or the emotional harm is well-documented and supported by expert testimony, such as from a licensed mental health professional.

Can You Sue Uber or Another Party?

If you suffered emotional distress due to an Uber-related accident, determining who you can sue is a key step in your legal journey. In Colorado, liability depends on who caused the incident and how their actions contributed to your emotional harm. The responsible party might include:

• The Uber Driver: If the driver was negligent, such as speeding, distracted, or under the influence, you may be able to pursue a claim against their insurance or Uber’s commercial insurance policy, depending on the circumstances. Uber provides up to $1 million in liability coverage when a driver is actively transporting a passenger or en route to pick someone up.
• Uber Itself: Suing Uber directly is more complicated. Uber classifies its drivers as independent contractors, not employees, which protects the company from direct liability in many situations. However, suppose Uber failed to vet drivers properly (e.g., hiring someone with a known dangerous driving history). In that case, there may be grounds for a negligent hiring or negligent supervision claim.
• A Third Party: In some cases, another driver may be responsible for the crash. If a third party’s reckless or careless actions caused the incident, they may be liable for your emotional and physical damages.
• Multiple Parties: Accidents often involve multiple contributing factors. More than one person or entity can share liability. 

Understanding who is liable requires careful investigation. Your personal injury lawyer can help determine which insurance policies apply, the most appropriate legal theories, and how to navigate Uber’s complex insurance and liability framework.

Important Laws When Pursuing a Personal Injury Lawsuit

In Colorado, there are a few specific state laws to consider when seeking compensation for emotional distress. 

Statute of Limitations

Colorado typically imposes a three-year statute of limitations for personal injury lawsuits where a motor vehicle was involved. Waiting too long could result in you losing your right to compensation, even if your suffering is genuine.

Comparative Fault and Its Impact

Colorado follows a modified comparative negligence rule. If you are found partially at fault for the accident, your compensation can be reduced by your percentage of responsibility. For example, if you’re awarded $100,000 but found 20% at fault, you’d recover $80,000. If you are 50% or more at fault, you may not recover damages.

Caps on Non-Economic Damages

Colorado does place a cap on the amount of damages that can be awarded for non-economic damages (such as emotional distress). This cap was recently raised, though. It is now set at $1.5 million. 

Understanding these rules is essential in evaluating your options, and it’s where the guidance of a Colorado personal injury attorney can make a meaningful difference.

What Evidence Do You Need to Support an Emotional Distress Claim?

Emotional distress can be deeply personal and difficult to quantify, which is why strong supporting evidence is critical to a successful claim. In Colorado, emotional distress is treated seriously by the courts, but only when it can be documented and tied to the accident in question. Here are the key types of evidence that can help substantiate your claim:

Medical and Mental Health Records

Documentation from licensed professionals is one of the strongest forms of evidence. This might include:

• Psychiatric evaluations
• Therapy or counseling notes
• Diagnoses of anxiety, PTSD, depression, or other psychological conditions
• Prescriptions for antidepressants or anti-anxiety medications

These records help show that your emotional suffering is both real and directly connected to the traumatic event.

Expert Testimony

Mental health professionals, such as psychologists or psychiatrists, can provide testimony about:

• The nature and severity of your emotional trauma
• The expected impact on your life and relationships
• Whether your condition is likely to improve or persist long-term

Expert opinions lend weight to claims that might otherwise seem subjective.

Accident Evidence

To strengthen the connection between the accident and your distress, other forms of documentation are useful:

• Police or accident reports
• Photos or videos of the crash scene
• Witness statements
• Uber ride history or app data showing you were in the vehicle at the time

These pieces help confirm that the event occurred and establish the foundation for your emotional harm claim.

Gathering and organizing this evidence is a complex process that your attorney can help manage while you focus on healing.

Contact a Colorado Car Accident Lawyer Today

Emotional distress after an Uber accident is not something you have to endure quietly on your own. Under Colorado law, it’s a harm that can be recognized and compensated. Whether you suffered psychological trauma alongside physical injuries or were left emotionally shaken by a severe incident, you may have legal grounds to pursue justice. 

Our legal team at Matlin Injury Law guides you through each step, advocates for your rights, and ensures your suffering is taken seriously. Our Colorado car accident attorneys will be by your side every step of the way.

If you believe your emotional distress stems from an Uber-related incident, reach out to our firm to discuss your legal options and how we can help.