A Houston Uber and Lyft accident lawyer helps rideshare passengers or other drivers file a claim against negligent rideshare drivers to recover compensation for their injuries and other damages. In some cases, Uber or Lyft can also be held financially responsible, if the rideshare driver was negligent and the damages you incurred exceed the driver’s insurance policy. However, the Uber or Lyft driver must have been transporting a passenger or on their way to pick up a passenger at the time of the crash.
A Houston Uber and Lyft accident lawyer will investigate the accident to determine which driving phase the rideshare driver was in at the time of the crash to identify which insurance policies will come into play.
A Houston Uber and Lyft accident lawyer can help you with your claim by investigating the accident and gathering evidence, interviewing witnesses, work with experts, negotiating with the insurance company, and filing a lawsuit, if necessary.
At the Ben Dominguez Law Firm, a Houston Uber and Lyft accident lawyer can help by:
Investigating the accident
A Houston Uber and Lyft accident lawyer will conduct an in-depth investigation to establish liability and prove your demand for compensation. During the course of the investigation, they will gather evidence, such as:
Accident report
Photos of the accident scene, your injuries, vehicle damage
Traffic cam footage, dash cam footage, surveillance footage
Phone records
Medical bills
Medical records
Vehicle repair estimates
Pay stubs
Statement from your employer
Negotiating with the Insurance Company for a Fair Settlement
An insurance company may be quick to make a settlement offer. Unfortunately, these fast settlement offers are never enough to cover the total cost of your damages. When you hire a Houston Uber and Lyft accident lawyer at the Ben Dominguez Law Firm, they will handle all interactions with the insurance company, including settlement negotiations. Our attorneys are familiar with the tricks and tactics insurance companies use to deny a claim or minimize payout and they will not back down until the insurance company offers a settlement that fully reflects your losses.
Interviewing Witnesses
By interviewing any witnesses, your attorney can learn more about the events that led up to the accident, what caused the accident, and which party was responsible. This type of unbiased account of the car crash can also help strengthen your claim.
Work with Experts
Your Houston Uber and Lyft accident attorney may consult with experts, such as:
Economists
Surgeons
Neurologists
Economists
Physical therapists
Occupational therapists
Mechanical engineers
Accident reconstructionists
Life care planners
Forensic accountants
By working with these experts, your attorney can learn more about your injuries and prognosis, to calculate damages for future medical care costs, loss of earning capacity, and loss of future earnings. Experts, such as accident reconstructionists can recreate the accident to determine how the crash occurred and which party was responsible.
Filing a Lawsuit
If the insurance company refuses to make a reasonable settlement offer, your Houston Uber and Lyft accident lawyer will be prepared to file a personal injury lawsuit on your behalf. As they prepare your case for trial, they will continue to negotiate with the other party, to settle the case out of court. However, if settlement negotiations are at a standstill, your attorney will be prepared to present your case before a judge and jury.
A Lyft or Uber accident can be complex and confusing for the accident victim. Like with an auto accident involving two passenger vehicles, there are damages, a liable party, and losses. However, determining liability in these types of accidents isn’t always straightforward. That’s where the Houston Lyft and Uber accident lawyers at the Ben Dominguez Law Firm can help.
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Uber and Lyft accidents are complex because of the number of insurance policies involved and the difficulty in determining which insurance policies apply, the driver’s or the rideshare company.
Reasons why Uber and Lyft accidents are so complex are listed below:
Multiple Parties Involved
Rideshare companies have their own insurance policies to cover drivers and passengers during different stages of the rideshare process, such as:
Waiting for a ride request
When a driver is en route to pick up a passenger
When a driver is actively transporting passengers
Rideshare Driver Liability
Lyft and Uber drivers are considered independent contractors, which can impact liability and insurance coverage, especially when determining whether they were acting on behalf of the company at the time of the accident.
Determining Which Party’s Insurance Policy Applies
Lyft and Uber accidents often involve multiple insurance policies, including the rideshare company’s policy and the driver’s personal insurance.
Accident Investigation
Rideshare accidents are more complex to investigate. Your attorney will need to subpoena the rideshare driver’s app data records to determine which driving phase they were in at the time of the accident. This can determine whether only the driver’s insurance policy will apply or if the rideshare company’s insurance policy will apply once the driver’s insurance coverage is exhausted.
The Rideshare company’s liability will depend on the Uber or Lyft driver’s status at the time of the collision.
Rideshare driving phases are listed below:
Phase 1
Phase one involves the driver waiting for a ride request.
Phase 2
In phase 2, the rideshare driver is en route to pick up a passenger.
Phase 3
In phase 3, the ride share driver is transporting a passenger.
Liability coverage by Uber or Lyft varies depending on the phase the rideshare driver is in at the time of an auto accident. Limited coverage is available during the first phase. If the rideshare driver is not active on the Uber or Lyft app at all during the collision, their own insurance policy will apply. Full coverage is active during the second and third phases, however, Uber or Lyft’s coverage will only apply after the rideshare driver’s personal auto insurance coverage has been exhausted.
Under Texas’ modified comparative fault system, you can recover damages as long as your share of fault is less than 51%. If you are more than 51% or more at fault, you cannot recover any damages.
What Are Proportional Damages?
Even if you are partially at fault for the car accident, you can still secure compensation for your accident-related losses. However, the amount of compensation you can recover will be reduced based on your percentage of fault. For example, if you are found 30% at fault for the crash, your settlement or award will be reduced by 30%.
The most common types of injuries sustained by victims in Houston, Texas, rideshare accidents include soft tissue damage, traumatic brain injuries, neck injuries, spinal cord injuries, loss of limb, nerve damage, internal organ damage, facial and dental injuries, broken bones, and back injuries.
Soft tissue damage
Traumatic brain injuries
Neck injuries
Spinal cord injuries
Loss of limb
Burns
Nerve damage
Loss of limb
Nerve damage
Internal organ damage
Facial and dental injuries
Broken bones
Back injuries
The amount of compensation you can recover after an Uber or Lyft accident in Houston, Texas, will depend on many factors, such as the severity of your injuries, which phase the rideshare driver was in at the time of the accident, insurance policy limits, how much time you missed at work, and other factors.
The types of damages you may be entitled to are listed below:
Pain and Suffering
Pain and suffering damages include the emotional distress, physical discomfort, and mental anguish you experienced due to the accident and your injuries. It will also include how the injuries have affected your life on a daily basis and how they will affect your life in the future.
Past and Future Medical Costs
Your Houston Uber and Lyft accident lawyer will pursue compensation for all medical treatment you received related to your injuries. This can include ambulance transportation, hospitalization, surgeries, rehabilitation, physical therapy, doctor’s appointments, medication, transportation, and other expenses related to medical treatment.
If you sustained life-changing injuries that will require ongoing medical treatment, your attorney can pursue compensation for future medical care costs.
Lost Wages
Your attorney can pursue compensation for the time you missed at work. If you were forced to switch careers or you are unable to ever return to work due to your injuries, your attorney can also pursue compensation for loss of earning capacity and loss of future wages.
Property Damage
Your Houston Uber and Lyft accident lawyer can pursue compensation for vehicle damage and damage to any personal property inside the vehicle at the time of the crash.
The statute of limitations for rideshare accidents in Houston, Texas, is two years from the date of the accident. Failure to meet this deadline can result in your case being dismissed, barring you from securing any compensation for your accident-related losses.
Rideshare services like Lyft and Uber have the responsibility to ensure the safety of their passengers.
Rights and safety tips for Lyft and Uber passengers include:
Every passenger has the right to feel safe during their ride. If at any point you don’t feel safe, you should communicate this to the rideshare company.
You have the right to be treated fairly and without discrimination by rideshare drivers. Lyft and Uber have strict non-discrimination policies, and any incidents of discrimination should be reported.
You have the right to privacy during your ride. Rideshare drivers should not engage in intrusive conversations or actions that violate your privacy.
You should be charged accurately for your ride. Lyft and Uber provide fare estimates before rides. Any discrepancies should be reported.
You have the right to provide feedback and rate their driver based on their experience. Drivers with low ratings may face consequences.
Before getting into the rideshare vehicle, always verify that the driver’s name, photo, and vehicle details match the information provided in the app. Never get into a vehicle with a driver who doesn’t match the app details. If the driver’s details don’t match, cancel the ride and report the driver to Lyft or Uber.
Use the ridesharing app’s feature to share trip details with a friend or family member. This allows someone to track the journey in real-time.
Wait for your Uber or Lyft in a safe location, in a well-lit and populated area. Avoid waiting alone in isolated locations.
Always wear your seatbelt during a ride for safety. If you refuse to wear your seatbelt, rideshare drivers will often refuse to take you to your destination. Rideshare drivers are required to follow traffic laws and ensure the safety of their passengers.
You should communicate with the driver and track the ride through the app. You should avoid sharing personal information with the rideshare driver unless absolutely necessary.
If at any point during the ride you feel unsafe or encounter any problems, use Uber or Lyft’s in-app feature to report the issue to the rideshare company.
Rideshare services provide a safe way for individuals to get home safely after consuming alcohol. However, individuals who have been overserved, are acting erratically, or behaving inappropriately, may be denied access to rideshare services. Always consume alcohol responsibly, in moderation.
If you were involved in an auto accident that was caused by a negligent motorist, contact the auto accident lawyers at Ben Dominguez Law Firm today to schedule a free, no-obligation consultation.
Our accident attorneys have extensive experience handling complex auto accident claims and know how to build a strong case that can help you recover compensation for your medical bills, lost wages, property damage, and more.
Contact us today to schedule your free consultation and let the legal team at Ben Dominguez Law Firm fight for the fair settlement you deserve.
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If you were involved in an accident in Houston, TX, that was caused by the negligent, reckless actions of another, a Houston personal injury lawyer at the Ben Dominguez Law Firm can help. We understand how devastating the aftermath of an accident can be, especially if you’re recovering from severe injuries, and we want to help you obtain the justice and compensation you deserve.
Contact us today to schedule your free consultation and learn how the legal team at the Ben Dominguez Law Firm can help.
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