Recovering financial damages after an Uber, Lyft, or other rideshare accident in Houston can prove challenging if you do not understand the insurance laws. Rather than grapple with the complexities of insurance rules that govern such recovery, consider hiring a rideshare accident lawyer from our firm.
A D. Miller & Associates, PLLC™ Uber and Lyft rideshare accident lawyer in Houston knows the intricacies of the special rules in Texas that apply to this type of accident. We know you have rights, and we are determined to protect those rights.
Unique Factors that Contribute to Lyft and Uber Accidents
Rideshare companies like Uber and Lyft do not employ professional drivers like those who operate limousines, taxis, and buses. These are everyday people—many of whom have other jobs and use their ridesharing gig to supplement their incomes.
This unique business model primes any rideshare scenario for an accident when you consider two of the most common factors in motor vehicle accidents: distracted driving and driver fatigue.
Driving While Distracted
Uber and Lyft drivers often rely on GPS—whether an in-car device or an app on their smartphones—to navigate to home addresses and passenger destinations. The distraction of entering addresses and checking the screen for exits and turns provides every opportunity for an accident.
Driving While Fatigued
Because these rideshare drivers often have other jobs, they might be accepting ride requests in the evenings or at night after having already put in a full day’s work at their traditional job. This overscheduling means the driver behind your Uber trip might be extremely tired and more apt to show less alertness and slower reflexes and generally make bad driving decisions that can cause an accident.
Other Common Causes of Motor Vehicle Accidents
On top of these factors that strongly connect to rideshare accidents, other factors that generally facilitate a motor vehicle accident can also manifest in your rideshare experience. Some of these factors include:
- Driving while intoxicated or under the influence
- Aggressive driving
- Driving at speeds excessive for road conditions
- Road rage
How Liability Differs in Rideshare Accidents
Typically, when a driver’s negligent behavior causes a collision, the duty of care doctrine applies. This means that if a driver’s failure to act in a way that would keep you from harm causes you to suffer injury and sustain damages, the driver can be held liable for your damages. Usually, this recovery happens via the driver’s insurance company.
Texas Laws Regarding Rideshare Accident Insurance
In the case of a rideshare accident, however, Texas law requires that one of the following scenarios be true for the rideshare company’s insurance to be liable for damages:
- The rideshare driver is logged on to the rideshare company’s app/network and is prepared to accept a ride request but is not actually driving at the time of the accident.
- The rideshare driver is actually engaged in driving a customer prearranged through the rideshare company’s network when the collision occurs.
Texas law requires Uber to maintain a minimum of $1 million in automobile liability insurance to cover personal injuries following an accident.
Proving the Elements of Personal Injury
Just because a rideshare company carries the proper, legally required insurance does not mean their insurer will gladly comply with any accident claim set before them.
How We Investigate
An Uber and Lyft rideshare accident lawyer in Houston from our team can represent your case to the rideshare company’s insurer.
Our firm will investigate your accident and identify the cause and the negligent party. We will seek evidence to support your claim of causation and damages, and we will fight on your behalf to recover your damages.
Our investigative efforts will include:
- Traveling to the scene of your accident
- Interviewing witnesses
- Obtaining the police accident report
- Seeking footage from surveillance or traffic cameras
- Reviewing photos
- Working with accident reconstruction specialists
- Gathering all your medical records
- Requesting wage statements from your employer
Recoverable Damages in Your Case
No two rideshare accidents are identical, and neither are the types of damages or amounts recovered in this type of accident. The amount you recover depends on the type and extent of your injuries, as well as how they have affected you—and will affect you down the line.
To give you an idea of what you might recover in your rideshare accident case, consider the following types of damages commonly associated with injuries from a motor vehicle collision:
- Past and future medical treatments
- Prescription medications
- Physical rehabilitation/therapy
- Lost income
- Diminished future potential earnings
- Diminished quality of life
- Mental anguish
- Pain and suffering
Our firm will work with experts in various specialized fields to accurately determine the extent to which your injuries will impact you medically, economically, and psychologically.
You Have a Time Window in Which You Must Act
Texas, like most states, limits the time you have from the date of your accident in which to take legal action against the negligent party in your rideshare collision. State law gives you two years in which to file a lawsuit in a civil court.
When you hire our firm to represent you in your case, we will make every effort to negotiate with the rideshare company’s insurer and recover your damages. It takes time to build a convincing case that would compel the insurer to agree to a fair settlement. If the insurance company does not budge, we will take the matter to court.
The earlier you hire a lawyer from our firm to begin working on your case, the more time you give them to seek all options when it comes to your financial recovery. Consider starting the process earlier rather than later.
Our Uber and Lyft Rideshare Accident Lawyers are Ready to Fight for You
Since 2002, the legal team at D. Miller & Associates, PLLC™ has been standing up for the rights of people who have suffered personal injury in Houston. We are well prepared to take on any insurance company to help secure your future.
Call us today for a free case evaluation: (713) 850-8600.
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