Photo from Unsplash
Originally Posted On: https://walkertexaslawyer.com/what-to-do-after-a-rideshare-car-accident-in-texas/
What To Do After A Rideshare Car Accident In Texas
Being involved in a rideshare accident can be daunting and complex, especially under Texas law. With extensive experience in handling rideshare accidents, Walker Texas Lawyer offers invaluable guidance and advocacy to protect your rights. This article delves into the critical aspects of rideshare accidents. This is essential to help navigate the insurance claims process to seek the compensation you deserve.
How Rideshare Accidents Happen
Rideshare accidents, much like any motor vehicle collision, can occur under a multitude of circumstances. However, the unique element of rideshare services introduces specific risk factors that add to the usual road safety concerns:
Driver Distraction
In the ride-sharing realm, drivers rely heavily on navigation apps and must frequently interact with the rideshare company’s platform. From accepting ride requests to following GPS directions, these necessary interactions can lead to driver distraction. Momentary lapses in attention can have serious repercussions, such as failing to notice traffic signals, pedestrians, or unexpected obstacles on the road.
Driver Fatigue
Rideshare drivers often work long hours. Occasionally, juggling between different ridesharing companies or work after a different primary job to maximize their income. The consequent fatigue can significantly impair a driver’s reaction time, decision-making abilities, and overall driving performance, increasing the risk of an accident.
Inadequate Driver Training
Rideshare companies do not typically provide the same level of training or regulation that traditional commercial transportation companies do. As independent contractors, rideshare drivers are only required to meet basic standards set by the company, which may not adequately prepare them for all on-road scenarios.
Speeding and Reckless Driving
Under the pressure to complete more rides or to keep up with tight schedules, rideshare drivers may resort to speeding or engage in reckless driving behaviors. Such actions not only endanger themselves and their passengers but also other road users.
Poor Vehicle Maintenance
While rideshare companies require a vehicle inspection, ongoing maintenance is generally the responsibility of the drivers. If a driver neglects to maintain their vehicle properly, issues such as faulty brakes, worn tires, or malfunctioning lights can lead to dangerous situations.
Unclear Liability
The involvement of the ridesharing platform complicates determining who is at fault in an accident. Depending on the circumstances, the driver, the rideshare company, or a third party could be liable. Factors influencing liability include whether the rideshare app was active if a passenger was in the vehicle, and if the driver was awaiting a ride request.
Insurance Complications
Determining which insurance policy applies — the driver’s personal insurance, the rideshare company’s insurance, or a third party’s — can be complex. Rideshare companies offer different levels of coverage based on the driver’s status at the time of the accident, and whether they were logged into the app without a passenger, on their way to pick up a passenger, or during a trip with a passenger onboard.
Understanding the multifaceted nature of how rideshare accidents happen is a critical aspect of building a strong legal case. Walker Texas Lawyer is well-versed in dissecting these complexities and can provide the necessary expertise to navigate the legal aftermath of a rideshare accident. By probing into the specific details of each incident, Walker Texas Lawyer positions himself to advocate effectively for rideshare accident victims, helping them achieve the justice and compensation they deserve.
How Does an Insurance Claim Work in Rideshare Accidents?
When you get hurt in an Uber or Lyft, you might think it’ll be easy to get some money for your injuries. But it’s usually more complicated than that. What happens next depends on a bunch of things, like who was at fault for the accident.
If you’re dealing with a rideshare accident, an insurance claim may create a few questions:
- Were you a passenger in the Uber or Lyft, or were you hit by one?
- Did you order the ride, or were you tagging along with someone who did? If you booked it, you might have to settle things through arbitration because of the rules you agree to when you request a ride. If you didn’t book it but were just along for the ride, you might be able to take it to court. Either way, we’re here to help.
- If an Uber or Lyft driver hit you, was there a passenger in the car with them, or were they on their way to pick someone up? This is important. If the driver was working (meaning they had a passenger or were about to pick one up), Uber or Lyft’s insurance might cover the accident. They can cover up to $1 million.
- What if the driver was just waiting for a ride request? You might still be covered, but the insurance might not pay as much. Without a passenger, coverage can be up to $100,000 for the whole accident, including $50,000 for injuries and $25,000 for property damage. If you’re really hurt, this might not be enough. That’s why you need a lawyer who knows how Uber and Lyft insurance works.
- What if the driver wasn’t using the app when the accident happened? Then, Uber and Lyft won’t cover the accident. The driver’s own car insurance should. It’s super important to figure out if the driver was logged in, what kind of insurance they have, and what you can do to get compensated.
Rideshare Accidents Can Be Complex
The status of the driver’s app when the accident happened greatly affects how much money you might get. Companies and their insurance companies will probably try to fight against paying you, either by saying no to your claim or by not offering you enough money. If you’ve been in an accident with Uber or Lyft, you should immediately talk to a lawyer who knows about accidents with rideshare cars.
What to Do After a Rideshare Accident
Step 1: Assess Injuries and Contact Emergency Services
After any accident, the most important thing to do is to assess any injuries and contact emergency services if necessary. In the case of a rideshare vehicle, it is important to contact the company directly so they can send help immediately. They may also provide coverage for medical expenses associated with the accident, depending on the rules of their insurance plan.
Step 2: Exchange Information With Other Drivers
Following an accident involving a rideshare vehicle, just like any other car-related incident, you will need to exchange information with all drivers. Make sure to include insurance details and license plate numbers. This is important for filing claims later on if necessary. As for your driver, it’s best to get their name and number. Just in case you need them as a witness or for any other reason down the line.
Step 3: File Reports With Local Law Enforcement
It’s important to file reports with local law enforcement soon after an accident occurs. The police report should include details about who was present at the scene and any citations related to the crash. The report can then be used by your insurance company or legal team to pursue damages or file claims against other parties involved in the collision.
Step 4: Document Everything
Documenting everything after an accident helps create a clear picture of what happened. This is crucial when you must prove your story to insurance companies or in court. Take photos of the accident scene, your injuries, and any damages. Keep detailed records of medical treatments, expenses, and any communications regarding the accident. This can ensure you’re accurately compensated for your losses. By having all the facts and evidence well-organized, you’ll be better prepared to defend your rights and support your claims. This makes the recovery process smoother and more efficient.
Step 5: Consult Walker Texas Lawyer
Before navigating the claims process or communicating with insurance companies, consulting with an experienced personal injury lawyer can make a significant difference in your case outcome.
Compensation
Victims of rideshare accidents may be entitled to various forms of compensation. This compensation can include medical bills, lost wages, pain and suffering, and more. The specific compensation you’re eligible for will depend on the accident details and the extent of your injuries. Walker Texas Lawyer is adept at ensuring clients receive the maximum compensation possible.
Time Limit
In Texas, the statute of limitations for filing a personal injury claim after a rideshare accident is generally two years from the accident date. Act swiftly to preserve your rights and ensure you can seek compensation is imperative.
Have You Been Hurt In A Rideshare Accident? Call Walker Texas Lawyer
Given the complexity of rideshare accidents and the legal nuances in Texas, having Walker Texas Lawyer by your side is essential. With a deep understanding of personal injury law and a commitment to advocating for their clients, Walker Texas Lawyer ensures you’re not alone in this challenging time.
If you’ve been involved in a rideshare accident, don’t hesitate to protect your rights and seek the compensation you deserve. Call Walker Texas Lawyer today and take the first step towards a favorable resolution.
Not sure about your legal options? Our team can listen to your story and let you know what your options may be. There’s no cost to speak with us, and we’re available 24/7.
