Uber Accident
As the popularity of rideshare services such as Uber and Lyft continues to surge, so does the number of accidents involving these services. If you’ve been involved in an Uber accident in Texas, you might be wondering about your rights and possibilities for legal recourse. This guide aims to provide thorough information on Texas Uber accident law, crucial for those seeking the assistance of a Texas Uber accident lawyer
1. The Peculiarities of Rideshare Services
Uber, along with other rideshare services, operate differently compared to traditional taxi services. A key difference lies in the employment status of the drivers. Uber drivers are considered as independent contractors, not employees. This distinction often leads to confusion when it comes to liability in Uber accidents.
2. Understanding Liability in Uber Accidents
If you’ve been involved in an accident with an Uber driver, you might be questioning who is legally liable for the accident. While it often depends on whether you were a driver or a passenger, the general rule is that you cannot directly sue Uber after an accident. Instead, you must file a lawsuit against the at-fault driver.
3. Uber’s Insurance Coverage
Uber’s insurance coverage plays a pivotal role in accidents involving its drivers. The insurance policy that covers your accident may depend on the driver’s status at the time of the accident1. Let’s explore the different situations and the corresponding insurance coverage provided by Uber.
3.1 Driver is “Offline”
When a driver is “offline,” it means they are not working at the time of the accident. In this situation, Uber or Lyft’s insurance policies do not cover the accident. The accident is treated like a regular car accident and the at-fault driver becomes the subject of the lawsuit.
3.2 Waiting for a Ride Request
If the driver has not accepted a request but is “on the app” waiting for a ride, both Uber’s and Lyft’s insurance policies provide coverage. The coverage includes $50,000 per person injured in an accident, $100,000 per accident, and $25,000 in property damage per accident.
3.3 Accepted a Ride Request or Transporting a Rider
Uber and Lyft carry a $1 million insurance policy that covers accidents that happen after a driver accepts a ride or while the driver is transporting a passenger.
4. Damages Recoverable from Uber or Lyft
If you’ve been injured in an accident involving an Uber or Lyft driver, you may recover damages from the rideshare companies’ insurance policies. Some of these damages may include:
- Medical expenses
- Lost wages
- Pain and suffering
5. Who Can Make a Claim After an Uber or Lyft Accident?
Various parties may have a legal case in the event of an Uber or Lyft accident. These parties may include:
- Rideshare passengers
- Rideshare drivers
- Third-party drivers
6. Steps to Take After an Uber or Lyft Accident
If you’ve been involved in an Uber or Lyft accident, follow these steps to ensure your safety and preserve evidence:
- Call 911
- Take photos of the accident
- Speak with eyewitnesses
- Write down the Uber or Lyft driver’s information
- Take screenshots of your ride receipt and ride reservation
7. Insurance Coverage Limits
The maximum amount that passengers can receive from Uber’s insurance company is $1 million if the Uber driver was at fault. If another driver—not the Uber driver—was at fault, passengers are limited to a maximum of $250,000 in Uber’s uninsured motorist coverage.
8. When the Uber Driver Isn’t at Fault
If the Uber driver isn’t at fault for the accident, you may have to hold another party responsible, such as another motorist, a vehicle or part manufacturer, or a government entity.
9. The Role of a Texas Uber Accident Lawyer
Navigating the complexities of Uber accident law can be challenging. It’s crucial to meet with a Texas Uber accident lawyer who can guide you through the legal process, helping you understand your rights and the best course of action.
10. Statute of Limitations in Texas
In Texas, you have a two-year timeframe from the date of the accident to initiate a lawsuit against the Uber driver.
11. The Necessity of Legal Help
While it is possible to file a lawsuit against Uber, the process is complicated and requires an experienced attorney. A Texas Uber accident lawyer can help explore the options and determine who to hold liable for your injuries.
12. Conclusion
Understanding the complexities of Uber accident law in Texas is essential if you or your loved ones have been involved in an accident. Knowing your rights and the legal recourse available can help guide your actions post-accident. Always remember to seek legal advice from a professional Texas Uber accident lawyer to ensure you are adequately represented and guided throughout the legal process.
This guide aims to provide you with a comprehensive understanding of the subject, but it should not replace legal advice. Engage a professional Texas Uber accident lawyer for personalized advice.
