Rideshare companies such as Uber and Lyft have transformed shared transportation – but not to everyone’s benefit. Hundreds of rideshare users have suffered serious personal injuries and the deaths of loved ones in preventable rideshare vehicle accidents. Negligent Uber and Lyft drivers can cause major injuries and cost victims thousands of dollars in hospital bills.
If you or a loved one suffered damages in a Dallas rideshare accident, contact our lawyers for a free consultation about your case. You could be eligible for a settlement or judgment award from the at-fault party.
Why choose us?
- We have a track record of success achieving positive results for clients.
- We have over a decade of experience handling personal injury accident claims.
- We commit to high standards of ethics and a passion for justice in each case.
- We believe in providing personal attention from a lead attorney on every case.
- We do not charge attorney’s fees unless we win.
Why Do You Need an Attorney?
Dealing with Uber or Lyft’s insurance company during an accident claim can prove difficult for victims. Insurance claims adjusters often try to take advantage of clients when they see they do not have attorneys. They may offer much less than the case is worth, or deny a valid claim. Hiring an attorney can make sure no one infringes upon your rights as a victim. While you spend time recovering from your injuries, your attorney can help with complicated legal processes. An attorney can fight for maximum available compensation on your behalf.
Common Causes of Rideshare Accidents
Dallas rideshare accidents happen for many of the same reasons as other car crashes. Some of the most common contributing factors are driver negligence, distracted driving, driving under the influence, speeding, and breaking other roadway rules. Distraction is a significant risk when taking an Uber or Lyft, as rideshare drivers must stay logged into the apps on their phones for the duration of the trip. They must manually respond to new ride requests while they drive. Cellphone distractions can lead to collisions with other vehicles, objects, or people.
Other potential causes of a rideshare accident are dangerous premises and defective vehicle parts. A dangerous premises, such as an unsafe roadway construction zone, could cause a collision by creating hazards. Potholes, debris in the road, and loose nails could all cause a rideshare accident in Dallas. In these cases, the property owner or city may be liable. Other crashes could come about because of auto part defects or lack of proper vehicle maintenance.
Am I Covered By An Insurance Policy?
You might be new to using these rideshare apps, but Texas law is not. If you suffer injuries while using the rideshare app, such as riding in an Uber, there are three insurance policies that could help. These policies may cover your medical bills, lost wages, pain and suffering, and any other damages you might incur.
- The other driver’s liability auto insurance, if a third-party motorist caused the accident
- Uber’s $1 million liability policy effective any time there is a rider in the vehicle, if your Uber driver is at fault for the crash
- Uber’s $1 million uninsured/underinsured motorist policy, if the driver who caused the crash did not carry liability insurance
It may sound like insurance has got you covered, but even with a $1 million liability policy, rideshare companies do not like to spend them. Both you and your Uber driver should report the accident to Uber, as well as police and any other insurance parties. This is available online and in the app. After filing the claim, immediately contact a lawyer. These companies will try their hardest to avoid liability, but a personal injury attorney will work even harder to protect your legal rights.
Is the Rideshare Company Liable?
The two largest rideshare companies, Uber and Lyft, often escape liability for accidents involving their drivers and vehicles. They do this by classifying drivers as independent contractors rather than employees – thus avoiding vicarious employer liability. Even without proving negligence, however, rideshare riders can qualify for benefits under each company’s $1 million insurance policy. Both policies cover riders for the duration of rideshare trips.
A rideshare driver’s personal auto insurance policy may have to cover damages if the driver was not signed into the app at the time of the collision. In these cases, the company will not be liable since the driver was off the clock. Determining whether a victim falls into one of the covered categories under Uber or Lyft’s insurance plan can be difficult. An attorney can help a rideshare accident victim understand his or her rights.
Is a Rideshare Driver Always at Fault in an Accident?
If you are an Uber driver in Texas, does not mean you are automatically the defendant, if the crash was caused by a third party. In the event that a third party caused the accident, their liability coverage should take care of your medical bills and other expenses. As an Uber driver, report this type of accident to Uber as well. Contact a personal injury lawyer to help you file the right claim and negotiate a fair settlement on your behalf.
If you caused the accident however, claiming that you are not financially responsible is a complicated process. Still, anytime you are involved in a crash using a rideshare app, contact a personal injury lawyer to discuss these circumstances and exactly what you were doing when the crash occurred.
NOT ON THE APP
In the event that you were not logged in and legally working, Uber’s liability policy will not cover you. Instead it will be your own personal auto liability policy that covers the damages you caused to the other vehicle(s) and injured person(s).
LOGGED INTO THE APP, BUT WITHOUT A RIDER
Even without a rider in the vehicle, your personal auto liability policy should still be the primary payer in the event that you caused an auto accident. If your insurance company tries to deny claims in this situation, Uber is required to provide contingency coverage for the individual’s injuries.
LOGGED INTO THE APP AND PAIRED WITH A RIDER
The moment you are matched with a rider through the app, Uber’s $1 million liability coverage becomes effective. If you are in an accident on your way to pick up the rider, the policy is still in effect. In this scenario, and even without a rider in the car, the policy will cover the damages for the other driver’s injuries. Other individuals can still file a personal injury claim, in which you would be held civilly responsible in court.
As an Uber driver, you still need to have your own auto insurance policy to cover damages to your own vehicle. Uber will not pay for any of these damages. Consequently Uber also will not allow you to be a driver until the damages are fixed.
Contact Us Today
Rideshare accidents can happen because of drunk Uber or Lyft drivers, poor vehicle maintenance, or driver distraction. Whether you were a rider, a pedestrian, or another driver at the time of your injuries, you could be eligible for compensation from the at-fault party. An attorney from the Law Firm of Aaron A. Herbert, P.C. could help you determine the defendant in your case and fight for fair recovery. Contact us today for a free consultation in Dallas.