346-590-6665Rideshare Accident Lawyer in Houston
Helping Victims Get the Compensation They Deserve for Their Damages
Using rideshare services has become increasingly common, whether someone needs a ride to the airport or a sober driver to take them home after a night on the town. When passengers use these services, they’re placing their trust in the hands of the driver, but sometimes, accidents happen. Car accidents involving rideshare drivers and companies can be complex from a legal and insurance standpoint, and it’s essential to understand your rights if you’ve been injured.
When you’ve been injured in a Lyft or Uber accident, you need the team of personal injury lawyers at Moises Morales Law on your side. We can help you understand if you have a claim and what it could be worth. Once you hire our law firm, we get to work on your case. That means uncovering evidence of the other party’s negligence and helping you ensure you get a fair settlement from the insurance company. We’re also prepared to argue your case before the court at a trial if that’s what it takes. Call our Houston office today to find out more.
Who Can Be a Victim in a Rideshare Accident?
Anyone injured in a rideshare accident can be a victim who is entitled to compensation for legal purposes. The role the victim played can affect what insurance coverage applies and how the case is handled.
The Rideshare Driver
When you think of a rideshare accident, you may think of an unqualified or irresponsible Lyft or Uber driver causing a wreck. However, the rideshare drivers can be victims as well. Rideshare services generally require clean driving records and at least one year of driving experience. Some companies extend the number of years necessary for younger drivers. Uber, for example, requires drivers under 25 to have at least three years of driving experience before applying.
Uber and Lyft drivers spend a great deal of time in the car, which makes them more susceptible to accidents, including those caused by other drivers. If a rideshare driver is involved in an accident and is determined to be less at fault than the other party, they can sue the other driver for damages.
The Driver or Passenger in the Other Vehicle
When a rideshare accident involves another vehicle, the driver and/or passengers in that vehicle may have a claim for any damages they suffered. Common injuries include broken bones, whiplash, lacerations, and sprains. However, it’s also possible for injuries to be more serious, such as traumatic brain injuries, spinal cord injuries, or internal injuries. If you were hurt in an accident that involved a driver for a rideshare service, talk to the attorneys at Moises Morales Law to discuss your options and how to proceed with a personal injury lawsuit.
The Rideshare Passenger
In the vast majority of cases, the rideshare passenger doesn’t share any portion of fault for the accident because they aren’t in control of the vehicle. This means they are entitled to pursue a legal claim for their damages. However, who they would file that lawsuit against can differ depending on the circumstances of the case. For example, it’s possible that the rideshare driver was negligent in operating the vehicle or the driver of the other car was at fault. In some cases, it’s also possible for the rideshare companies themselves to be held liable if they were negligent in some way, such as failing to verify that the driver had the correct credentials to be operating as a contractor for their service.
Whose Insurance Coverage Applies in a Rideshare Accident?
Insurance coverage can get complicated for rideshare accidents, so it’s essential to understand how this is determined and what to expect. If a third party, such as another driver, is at fault, their personal insurance generally applies. If the rideshare driver was at fault, either the driver’s personal auto insurance policy or the rideshare company’s policy will apply. This can differ depending on the company.
Uber, for example, states that their drivers’ personal auto insurance policies will apply when the driver is not online as available or currently driving for a trip. If the driver is online and available for a trip when the accident occurs, the company’s liability insurance provides minimum coverage of $50,000 per person and $100,000 per accident for injuries. However, this coverage jumps to $1 million in coverage for passengers and any third parties involved if the driver was on a trip and was at fault for the crash.
Lyft follows a similar policy, with the company’s coverage only applying when a driver is on the app and either waiting for or on a ride. Similar to Uber, the company provides basic coverage if the driver is involved in an accident while waiting for a ride request but at least $1 million in coverage in most areas if the driver is en route to pick up passengers or a ride is in progress.
What Damages Can You Recover as a Rideshare Accident Victim?
A personal injury claim in Texas can help victims recover compensation for losses related to financial expenses and intangible damages, such as pain and suffering and emotional distress. Medical expenses and lost income often make up the most significant portion of a rideshare accident claim. Medical bills can quickly total in the tens or even hundreds of thousands, depending on the severity of the injuries. Missing even a few weeks of work can cause further financial strain due to loss of income, and in some cases, victims with serious injuries may not be able to return to their previous jobs at all.
When discussing your case and what damages you can sue for, your attorney will also talk with you about noneconomic damages. This is the category that pain and suffering fall into. Texas is one of the states that does not have a cap on how much victims can sue for when it comes to pain and emotional distress. In some cases, your attorney may advise simply multiplying the economic losses by a specific factor to arrive at an amount for your pain and suffering. In others, they may recommend coming up with a daily amount and multiplying that by the number of days affected.
What Steps Should You Take After a Rideshare Accident to Protect Your Interests?
What you do after a rideshare accident can help or hurt your case. It’s essential to seek medical attention immediately, even if you think you’re okay. The adrenaline that kicks in after a car accident can mask pain and other symptoms, and internal injuries often go unnoticed by victims immediately.
Once your injuries have been assessed and treated, talk to a personal injury attorney. When you hire an attorney immediately, they can speak to insurance companies on your behalf and ensure you don’t say or do anything that could negatively affect your case. They can also get started right away on identifying evidence or finding witnesses to the crash who can help strengthen your case.
It’s also critical not to discuss the case with anyone other than your attorney. If you are required to give a statement, it’s a good idea to have your attorney present to ensure that you understand what questions you actually have to answer and how to approach these situations to protect your case.
Keep in mind that the statute of limitations — how long you have to file a claim — is two years for car accidents in Texas. This includes rideshare accidents. Talking to an attorney as soon as possible after your accident is the best way to ensure you know what you need to do if you want to file a claim.
When you need a law firm that’s willing to fight for you, you need Moises Morales Law. Our attorneys know what it takes to recover the maximum compensation our clients deserve. If you’ve been injured in a rideshare accident in Houston or the surrounding area, call 346-590-6665 to schedule an appointment to discuss your case with one of our attorneys.