The Texas Rideshare Accident Guide was created by Willumsen & McRoberts Law to help residents who suffered from a rideshare accident obtain compensation.
Were you injured in an automobile accident by a rideshare driver? If you’re going through this right now, we are very sorry. Rideshare drivers have a duty to drive responsibly for the sake of their passengers and those with whom they share the road. Rideshare drivers’ status as independent contractors rather than employees of the company they drive for can make these types of cases more confusing than other automobile accident cases. Building a successful case in such a situation can be tough. Our Texas rideshare accident lawyers want to help. Call us today for your free consultation.
Determining Who is Liable for a Rideshare Accident
In a claim against a rideshare driver, you will need to establish both liability and damages. Liability refers to who is at fault for causing the accident, and damages refer to the ways you were harmed by the accident.
When you are in an accident caused by a rideshare driver, you will need to file a third-party claim with the driver’s insurance carrier. This is where things can get murky.
As independent contractors, rideshare drivers working for a transportation network company (TNC) like Uber and Lyft, are not covered under company insurance, and must instead get additional liability insurance to accept rides for a TNC. If you are in an accident involving a rideshare driver during the course of their driving to pick up a customer or giving the customer a ride, you will be dealing with the driver’s liability insurance to recover damages rather than their private insurance.
A driver who doesn’t have TNC liability insurance will be considered uninsured, because their personal insurance company will most likely refuse your claim. Conversely, if the driver doesn’t have personal insurance and they cause an accident when they are not on shift, their TNC liability insurance won’t cover it.
The involvement of TNC liability insurance in rideshare accident cases can add confusion into the already stressful aftermath of an accident. Our Texas rideshare accident lawyers want to help you recover full compensation for your injuries. Your right to compensation shouldn’t get lost in the insurance shuffle. Contact us today for your free consultation.
What to Do If You are Injured in a Rideshare Accident
The first step after an accident caused by a rideshare driver should be getting medical attention for your injuries. The stress hormones that flood your system in an accident can reduce your ability to feel pain, even into the next day. Physiologically, this is meant to help you survive in a life-threatening situation, as when you may have had to run from a saber-toothed cat 12,000 years ago in spite of injuries. These days not feeling the pain of an injury can cause you to think you’re okay when you’re not. Get checked.
In addition to putting your health at risk, putting off medical attention at the time of an accident can damage your chances for a successful claim, because insurance companies can use the delay to challenge the validity of your injuries. Don’t give them the wiggle room. Take care of your immediate medical needs first.
If getting medical treatment often means taking you from the scene to go to the hospital. If you are able to, have a friend, relative, or your attorney come to the scene to document as much as possible with photos, video, and by speaking to any witnesses. These things will become evidence to support your accident claim. Your Texas rideshare attorneys want to help you build the strongest possible case. If you’re injured in a Texas rideshare accident, call us right away so we can fight to protect your rights.
A common mistake people make when they are in a rideshare accident is not getting proper legal representation. Some think they can bring a successful rideshare accident case against the insurance company on their own to get compensation.
You may very well be up to managing the intricate elements of a personal injury case under circumstances when you are uninjured, undistracted, and feeling your best. If you’ve been seriously injured in a rideshare accident case, however, this is not one of those times. Not only are you physically vulnerable as you recover from your injuries, but you are very likely worried and distracted by the financial impact of unexpected medical bills and possibly missing a lot of work. You may also be healing emotionally from the trauma of an automobile accident.
Our Texas rideshare accident lawyers want to step up and fight for your right to fair compensation. Call them today and let them take the burden of your legal case off your mind.
Believing all lawyers are the same is another mistake to avoid. Your rideshare accident case poses specific challenges, not only related to convoluted insurance coverage that will likely need to be sorted out, but the specifics of this particular type of personal injury case and the Texas rules, regulations, and restrictions that apply to it. Add to this the possibility that your case may need to go to trial, and you can see why your best shot at full compensation is to hire a competent Texas rideshare accident lawyer.
What is My Rideshare accident Case Worth?
It is understandable to want to know the potential value of an accident case. The answer is going to depend on the specifics of your case, including how much fault is assigned to the rideshare driver, and the types and levels of insurance coverage that apply to the rideshare driver at the time of the accident.
To be a driver for a TNC, drivers in Texas are required to have more than the state minimum liability coverage for the hours the vehicle is being used for customer transport. During the hours of personal use, the driver’s personal insurance applies.
Here is a breakdown of how liability insurance is applied for rideshare drivers:
- Period 0refers to when rideshare driver is using his vehicle in a personal capacity while not working. A rideshare driver who causes an accident while not using their vehicle in the capacity of an independent contractor will need to turn to their personal insurance coverage, and the driver’s TNC liability coverage will not be involved.
- Period 1refers to when a rideshare driver has logged into the rideshare app and is available to accept ride requests but does not yet have a customer in the vehicle.
- The limits on liability coverage below define the maximum that can be awarded in each instance while the vehicle is operating in the period 1 rideshare capacity:
- $50,000 per person (the rideshare driver is not covered by this)
- $100,000 per accident, no matter how many people were injured or how serious the injuries are (the rideshare driver is not covered by this)
- $25,000 property damage (for any vehicle damage or damage to property – the rideshare’s vehicle is not covered by this)
- Periods 2refers to when the rideshare driver is on the way to pick up a customer.
- Period 3refers to when the customer is actually in the vehicle.
The liability limit for both periods 2 and 3 is $1million, and apply to injuries to the customer, as well as anyone the rideshare driver hits, provided that it is proven that the rideshare driver is at fault (the rideshare driver is not covered by this.) This limit also applies to uninsured motorist coverage.
As you can see, recovering damages in an accident caused by a rideshare vehicle is complicated. Call our Texas rideshare accident lawyers for more information and to determine who the liable party is in your case and get a better idea of the value of your case.
What Kind of Damages are Available?
Successful claims for a rideshare accidents award financial compensation to cover damages that are both economic and non-economic. Like they sound, economic damages pertain to the ways you were damaged financially by your injuries.
Examples of economic damages may include, but are not limited to:
- Unexpected hospital bills and other types of medical care
- Ongoing treatments, such as counseling or physical therapy
- Lost wages
Because economic damages can be quantified, it’s easy to place a value on them and arrive at a total. Future damages can also be included, as their financial impact can be estimated going forward based on their value today. Examples may include one or more future surgeries and regular therapies that will continue. It may also factor in the loss of future income, temporarily or over the long term.
Non-economic damages don’t directly correlate to a dollar amount, but are represented financially to compensate for losses that are less concrete but just as devastating.
Examples of non-economic damages may include, but are not limited to:
- Loss of quality of life
- Physical pain and suffering
- Loss of companionship and society
- Mental or emotional pain or anguish
Every rideshare accident case is unique. Your Texas rideshare accident lawyers will review your case to examine what kind of damages apply to your case. Call today for a free consultation.
Things That Can Damage Your Claim
It’s important to know that TNC liability insurance only covers accidents during fares that have been scheduled through their digital network via their electronic app. It will not cover a “walk on” fare in which someone happens to see an Uber or Lyft car and walks up to ask for a ride. To safeguard your rights, be sure you always schedule rideshare service through their electronic app. If, however, you’ve been in an accident in a rideshare vehicle and find yourself in this position, contact our Texas rideshare lawyers as soon as possible to help you get the compensation you deserve for your injuries.
Another thing that can damage your claim is providing a recorded statement to the insurance company. Doing so can devalue your claim, as the insurance company will be able to use anything you tell them against you, even if you’re trying to be helpful. The best thing to do is let our Texas rideshare accident lawyers handle all insurance company inquiries. We know what to expect from them and won’t give them information they can twist to hurt your chance for fair compensation. Call us today for your free consultation.
Frequently Asked Rideshare Accident Questions
How do I select the best rideshare accident attorney?
If you are searching for a rideshare accident lawyer, that sadly means that you or a loved one has suffered a traumatic injury or perhaps even a wrongful death. One of the most common questions that people in your situation have is, “How do I choose the best rideshare attorney?” The answer to that question is one of the most important answers that you will have to answer. Consider this example: If you need a lawyer to write a will, you would likely hire a lawyer that writes wills for a living. If you have been involved in a rideshare accident, then you want to hire a Texas personal injury trial lawyer to assist you with your particular situation.
What we suggest is that you interview at least two trial lawyers. If your surgeon tells you that you need to have surgery, you would get a second opinion. That applies equally to when you hire an attorney. Some of the questions you can ask the rideshare attorney include:
1. “Are you board-certified in personal injury trial law?”
2. “What actual experience do you have trying cases to a jury
3. “Will you give me your personal cell phone number so we can stay in close communication throughout the case?”
If you choose to contact us for a free consultation, we will be happy to answer those questions and any other questions that you may have.
How long is it going to take to resolve my rideshare accident injury claim?
We spoke with a young lady recently who had been involved in a rideshare car crash. “Rideshare” refers to companies such as Uber or Lyft. She was injured pretty badly, and one of her questions was, “How long is this going to take to resolve?” The first thing we told her is that it depends. Everybody’s case is different. It really depends on your particular injuries and when you reach maximum medical improvement.
After you go through your course of treatment, the doctor will say that you’ve reached maximum medical improvement and release you from care. Once you’ve been released from care, then we can go ahead and put a settlement demand together which will include your medical bills, any lost wages, damages for pain and suffering, mental anguish and even physical impairment. We would send that demand to the insurance company who would then have an opportunity to do the right thing and compensate you fairly for what happened. What’s more common is the insurance company will try to give you a lowball offer that won’t reasonably compensate you.
That’s why it’s important you get with a personal injury trial attorney. A trial attorney will make sure that all of the evidence from day one is there for your case. If the insurance company does give you a lowball offer, your attorney will go in front of the judge and jury, and present evidence that shows what your damages are and how it’s affected you. They’ll make sure the insurance company does the right thing.
How long is it going to take to resolve your case? Well, it really depends on how long it takes you to heal and whether the insurance company is going to do the right thing. We definitely invite you to give us a call today to talk more about your particular case. As always, legal consultations here at the firm are free. Let’s discuss how we can help you.
How can I determine the value of my rideshare accident case?
We spoke with a potential new client not too long ago. She had been involved in a rideshare crash. She had been the passenger in the back seat of the vehicle when it got rear-ended. She got seriously injured. One of her questions was, “What’s my case worth?” It’s something that we hear quite often. What we told her was it’s different for everybody. There are a couple of different factors we look at.
One of the factors we look at is how badly you’ve been hurt. What kind of injuries do you have? What we want to see is that you go to the doctor and get treated for those injuries. Once you’ve been treated for those injuries and reached maximum medical improvement, we’ll be ready to send a settlement demand to the insurance company. We’ll want to include your medical bills, your lost wages, any pain and suffering, any emotional and/or mental damages, and also physical impairment. How has this crash impacted your daily life?
It’s difficult to tell you what your case is worth in the beginning because we don’t know. If any attorney tells you exactly what your case is worth on day one, you should probably rethink hiring that lawyer. That’s why it’s important to hire a personal injury trial lawyer— somebody who understands what evidence is needed to be successful in the recovery of those damages for you, maximizing what goes into your pocket at the end of the day. As always, legal consultations are free here at the firm. We invite you to give us a call today so we can talk about how we can help you.
What are some common mistakes people make that can ruin their rideshare accident claim?
We were speaking to a gentleman not too long ago, who lives out in San Antonio, who was involved in a rideshare crash. After the crash happened, he was getting calls from insurance companies right away. He hadn’t talked to the police, and the Uber driver had some questions for him. This is the first time he had been involved in this type of crash and he really wasn’t sure what to do. Some of his friends and family said he should probably call a lawyer because they would know what to do.
He didn’t want to make any mistakes that would ruin his case. One of the things we told him was that the most common mistake we see is people not going to the doctor. They think they’re okay, they’re not hurt that bad, and they don’t go to the doctor right away.
The other mistake we see is when the clients don’t finish all of the medical treatment that is prescribed by the doctor. The doctor is going to come up with a treatment plan designed to get you to maximum medical improvement. If you decide to quit going to treatment before you reach maximum medical improvement, the insurance company is going to want to use that against you. They will say you weren’t really hurt and that you don’t need all this compensation.
The other big mistake that we see is that people don’t choose the right attorney. There are a lot of attorneys out there, and we all focus on different areas of the law. That’s why it’s important that you hire a personal injury trial attorney. A personal injury trial attorney is going to understand what evidence is important, how to argue that evidence, and how to present that evidence in a way that is most favorable for your case. That personal injury trial attorney is also not going to be afraid of taking the insurance company to court, holding them responsible, and making sure that you get fairly and reasonably compensated for what’s happened to you.
We invite you to give us a call today. Legal consultations here at the firm are always free, so feel free to give us a call so we can talk a little bit more about your particular case.
Will my rideshare accident case go to trial?
We were talking to a young gentleman the other day here in Houston who was involved in a rideshare crash. One of the questions he had was, “Is my case going to go to trial?” He wasn’t too keen on going to trial, and he was concerned that he might have to wait and go all the way through trial.
We told him it would really depend on whether or not the insurance company for the driver that caused the crash would choose to fairly and reasonably comepensate him for his injuries and damages. Or is the insurance company going to do what they typically do and try to delay, deny, or find a reason not to fairly and reasonably compensate you for your injuries and damages?
The second part is you have to pick the right attorney. That’s why from the very beginning you’ve got to hire a personal injury trial lawyer. The trial lawyer is going to work up your case a lot differently than a different type of attorney. There are a lot of attorneys out there, and that’s why you have to make sure you pick a personal injury trial attorney. That trial attorney is going to look for the necessary evidence that’s going to help win your case and dissuade the insurance company from going to trial. A trial lawyer is going to go into the courtroom, in front of the judge and jury, and hold the insurance company responsible for all of your damages. That’s why it’s really important to hire a personal injury trial lawyer from day one, so that lawyer can take care of all the details of your case while you focus on getting better.
If you have any questions about your particular rideshare case, we would invite you to give us a call here at the firm so we can talk about your case and how we can help you out.
After a rideshare accident, is it a good idea to talk to the insurance company?
We spoke with a young lady just a couple weeks ago from Tyler, Texas, who had been involved in a rideshare crash. She wanted to know what she should do because the insurance company was calling her night and day. They kept telling her that she must give them a recorded statement and she must talk to them. She was a little confused because she had talked with some of her friends and family and had heard different things. She ended up calling us and we chatted with her.
It’s a question that we hear a lot, “Is it a good idea to talk to the insurance company after a crash?” Our answer is always no; it’s never a good idea. The reason being that the insurance company, at the end of the day, is in the business of making money. They’re not in the business of handing out money all the time to anybody and everybody. The insurance company is always looking for ways to deny your claim. They’re looking for ways to delay paying you on your claim, and they’re looking for ways to pay you less for whatever reason.
A lot of times what the insurance companies will do is they’ll tell you that you have to talk to them. They’ll take a recorded statement, and then later on down the road, when you try to settle your case, they’ll use that recorded statement against you and try to blame you for whatever happened. They have skilled professionals on their side that are trained to ruin your case. That’s why it’s so important to get with a personal injury trial attorney from the beginning who understands this and protects you. A personal injury attorney can make the insurance company stop calling you night and day.
A personal injury trial lawyer is going to make sure that your case gets taken care of from day one. They’ll make sure the insurance company fairly and reasonably compensates you. If you have questions about whether or not you should talk to the insurance company after a crash, feel free to give us a call. Legal consultations here at the firm are always free. We invite you to give us a call today, talk more about your questions, and see how we can help you.
How much does it cost to hire an attorney for a rideshare accident?
We spoke with a young college student recently. She was involved in a rideshare accident in Lubbock, Texas. As a young college kid, she didn’t have a lot of money. One of the things she was worried about was how she would pay for a lawyer.
How do you afford an attorney? We here at the firm are contingency fee lawyers. A contingency fee means that you don’t have to pay anything upfront. You don’t have to pay a down payment, deposit, or retainer. We will cover all of the expenses needed to prove up your case and make it a success.
We get compensated on a percentage of the settlement amount from the insurance company. Rather than you having to pay out of your pocket upfront, we go ahead and do everything necessary to get your case to a point to where there’s a fair and reasonable settlement offer on the table from the insurance company. Once we have that fair and reasonable settlement offer on the table to compensate you for your damages, then that’s how we’re paid. We’re paid on a percentage of that settlement.
No, you don’t need to have any money right now today to hire us. In fact, why don’t you give us a call and we can talk more about your particular case. As always, here at the firm, legal consultations are free. If money is something that’s worrying you, give us a call and we can talk about how we can help you.
What are potential damages I can receive for a rideshare accident?
A client from Beaumont, Texas, who had been in a rideshare crash reached out to us recently. She ended up having to go to the hospital in an ambulance and was out of work for a couple weeks. She also experienced some flashbacks and nightmares from the crash; as such, she wanted to know what damages she was entitled to here in Texas. That is a question we hear a lot. A lot of people want to know, “Am I entitled to damages for emotional pain or mental anguish, or pain and suffering, or physical impairment? What about disfigurement?” There was some glass that broke and cut her, and that’s considered disfigurement here in Texas.
The first thing we want to look at is your medical bills. What kind of injuries did you sustain? What kind of medical bills are out there? The other thing we want to look at is lost wages. How much time have you missed from work? That’s also a part of your damages. Then there’s the non-economic side of your damages— the mental, emotional pain and suffering. That’s unique and special to each person.
Some of the other damages that she’d be entitled to are for the disfigurement and scar. Something else she would be entitled to is physical impairment. Physical impairment is essentially the loss of what brings joy to your life. This includes daily things like playing with the kids, going to exercise, and work out. Whatever it is that brings joy to your life, if that’s been taken from you through someone else’s negligence, you’re entitled to compensation here in Texas.
It’s really important that you get with a personal injury trial attorney who understands these damages and can recover for these damages. As always, legal consultations here at the firm are free. We invite you to give us a call and find out what your case is worth.
Call Our Texas Rideshare Accident Lawyers Today For Your Free Consultation
When you’ve been injured by a rideshare driver, it’s important to reach out right away to an attorney with the knowledge and experience to successfully handle this type of claim. Such cases are intricate and require research, strategy, negotiation, and familiarity with the ever-changing aspects of the law.
Our Texas rideshare accident lawyers have helped people just like you get justice. Let us bring you peace of mind while you heal by dealing with the insurance company for you. Call today for your free consultation.
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