WHAT ARE YOUR RIGHTS AFTER AN UBER ACCIDENT?
July 29, 2020
Texas has some of the most dangerous roads in the country. According to the Department of Transportation, in 2019 there were 12,897 serious injury crashes and 3,610 traffic fatalities throughout Texas. Of those deaths, 253 of them occurred in or around Houston.
As if navigating highways in Houston wasn’t tricky enough, things get even more complicated with ridesharing. Uber® and Lyft® are dominant forces in the car service industry, and they continue to expand to many Texas cities. Being injured in a car accident can cause you stress and confusion, but when a rideshare company is involved in the wreck, there is even more uncertainty.
If you’ve been injured in a rideshare accident, you may have some questions that need answering. At my law firm, I consider each situation to be unique, I work hard to provide excellent legal representation, and I’m dedicated to helping put you in a position to move forward. I proudly serve clients in Houston, South Houston, and Pasadena, Texas.
RIDESHARE REGULATIONS IN TEXAS
In response to concerns of legal issues surrounding companies such as Uber and Lyft, a bill was signed in 2017 to create a single set of modern ridesharing regulations throughout Texas. With the passing of House Bill 100, a clearer picture started to emerge of how rideshare companies and their drivers might be held liable for their actions. The bill requires rideshare companies to:
Perform mandatory criminal background and driving history checks
Implement a zero-tolerance policy for intoxicated drivers
Have a permit from the Texas Department of Licensing and Regulation and pay an annual fee
These are a few of the responsibilities that ridesharing companies assume when they operate in Texas.
YOUR RIGHTS AFTER A RIDESHARE ACCIDENT
If you were injured by an Uber or Lyft driver and seek to recover damages, you may either pursue legal action against:
The rideshare company - If the Uber or Lyft driver was responsible, you might try to argue that the company itself shares some level of blame. However, Uber and Lyft maintain that their drivers are independent contractors, not employees. Therefore, the company would have limited liability in an accident. While some exceptions do exist, it’s best to contact a personal injury attorney to fully understand your options.
The driver - Uber and Lyft require their drivers to carry their own auto insurance policy. However, where damages exceed the driver’s policy, the rideshare company may be liable for the difference. If the driver was logged off the app at the time of the accident then it would be appropriate to file a claim against the driver’s policy.
Although it’s important to understand your long-term options, how you respond during and immediately after an accident involving a rideshare company can make all the difference.
WHAT SHOULD YOU DO AFTER A CAR ACCIDENT?
While a car accident can be traumatic, taking the time to approach the situation as clearly and as reasonably as possible may help your claim. Following an accident, make sure to:
Seek medical treatment to get a professional diagnosis of your injuries
Report the accident to law enforcement
Gather information such as pictures, driver’s insurance information, and names of witnesses
Obtain copies of all documentation including police reports and medical records
Hire a personal injury attorney
You may be entitled to compensation if you’ve been injured as the result of the negligence of a rideshare driver. Hiring an honest and skilled car accident attorney is your best option.
PERSONAL INJURY ATTORNEY SERVING HOUSTON, TEXAS
Recovering from a car accident injury takes time, money, and patience. If you have reason to believe that a rideshare driver is at fault, you may be entitled to fair compensation for your injuries and damages. Don’t hesitate to hire skilled legal representation to help you navigate the details of an Uber accident. As an experienced personal injury attorney knowledgable in the nuances of Texas rideshare law, I will gather evidence to build a case, help you fight for your rights, and communicate with you every step of the way. Call now to schedule a free consultation.