In just the last decade, rideshare services like Uber and Lyft have completely revolutionized transportation, offering convenient, always-ready options for getting around.
However, rideshare accidents can and do happen, leaving passengers and drivers alike potentially involved with injuries and property damage. The rideshare component makes these accidents more complex than the average car accident, as there are more parties involved with different levels of liability.
If you’ve been injured in a rideshare accident in Houston, understanding how a rideshare accident lawyer can help will be a crucial part of your recovery. Below, we will go over the steps these lawyers take in building strong cases after rideshare accidents and how they fight to get victims the compensation they deserve for their injuries.
Understanding Who Could Be Liable
Determining liability in a rideshare accident can get complicated quite quickly. Unlike traditional car accidents, many more parties than those present at the scene could potentially be held responsible. These include:
The Rideshare Driver
First, let’s discuss the most obvious party involved: the driver. If it was their negligence that caused the accident, whether through distracted driving, speeding, or driving under the influence, they can (and should) be held accountable.
The Rideshare Company
Uber and Lyft themselves aren’t off the hook, either. Both rideshare companies have insurance coverage for their drivers, but the extent of that coverage depends on the driver’s status (online or offline, with or without a passenger). Furthermore, if the company failed to properly screen or train the driver, they could also be held responsible.
Vehicle Manufacturers
In some cases, a vehicle defect might be a contributing factor, meaning the manufacturer could be held liable, too.
Other Drivers
If another driver was involved and their negligence caused the accident, they could be held liable.
Gathering Critical Evidence: Building a Strong Foundation for Your Case
To build a strong case, your rideshare accident lawyer will meticulously gather evidence to support your claim, including:
- Police reports
- Witness statements
- Accident scene documentation (photographs and video of the site, vehicle damage, and any visible injuries)
- Medical records
- The rideshare driver’s record
- Black box data from the vehicle involved (if available), which could show the vehicle’s speed, braking, and other actions leading up to the accident
The more data you and your attorney have, the more of a complete picture they will be able to present in arbitration or court.
Navigating Rideshare Insurance Policies
Rideshare companies have complex insurance policies that vary depending on the driver’s status at the time of the accident. An experienced Uber accident lawyer or Lyft accident lawyer will be able to parse these policies and use them to your advantage.
For example, if the rideshare driver was online and waiting for a ride request, the rideshare company’s liability coverage may be limited. However, if the driver was on their way to pick up a passenger or already had a passenger in the car at the time of the accident, the coverage typically increases by a fair margin.
Proving Negligence: Establishing Fault
A successful claim requires your lawyer to prove that another party’s negligence caused the accident. And that means establishing the following four aspects:
- Duty of Care: The at-fault party owed you a duty of care to drive safely and responsibly
- Breach of Duty: By acting negligently or recklessly, the at-fault party breached its duty
- Causation: The at-fault party’s breach of duty directly caused the accident and your injuries
- Damages: You suffered damages as a result of the accident, such as medical expenses, lost wages, and pain and suffering
These more technical legal terms may seem a little mystifying, but they’re intended to lay out the logic of the case and how the chain of events led directly to your injuries.
Calculating Compensation: Seeking What You Deserve
If you’ve been injured in a rideshare accident, you may be entitled to compensation for various damages, such as:
- Medical expenses, both past and future
- Lost wages due to your inability to work
- Property damage
- Pain and suffering, both physical and emotional
- Loss of consortium
Your rideshare accident lawyer has a valuable perspective to offer here: While injuries like a concussion or broken bone are more obvious, you might be suffering in ways you hadn’t considered or didn’t know were admissible in these cases.
FAQ
What Should I Do Immediately After a Rideshare Accident?
Before you do anything else, seek medical attention for any injuries you have, even if they seem minor. From there, contact the police to report the accident and begin to gather information from everyone involved, including the rideshare driver and any witnesses. Take photos and videos of the accident scene and your injuries as well. Finally, notify your insurance company about the accident and contact a rideshare accident lawyer.
How Long Do I Have to File a Claim after a Rideshare Accident?
In Texas, you have two years from the date of the accident to file a personal injury claim.
How Much Does It Cost to Hire a Rideshare Accident Lawyer?
Most rideshare accident lawyers work on a contingency fee basis, meaning you only pay if you win. Their fee comes out of your settlement.
Get Back on the Road to Recovery
On top of the trauma and pain they introduce, rideshare accidents are legally complicated. Thankfully, you don’t have to face the repercussions of such a devastating event alone.
Ramsey Law Group has a proven track record of success in handling rideshare accident cases, and we’ll fight tirelessly to protect your rights and secure the compensation you need. Contact us today for a free case review to see what we can do to help.