How Has Uber Ride Made Travelling Convenient for People?
The convenience of ridesharing services such as Uber and Lyft is undeniable. With the touch of a few buttons on our cell phones, we can now schedule a ride from wherever we are to anywhere we want to go. This convenience can make us overlook that the inherent risk involved in automobile travel is still present. Unfortunately, however, when an accident occurs involving an Uber or Lyft driver, the process of determining fault and liability can be extremely complicated.
If you or a loved one has been injured in an accident involving an Uber or Lyft driver, don’t attempt to navigate the legal hurdles alone. Contact one of the experienced Houston Personal Injury Lawyers at Khattar Law, PC today.
Can You Sue Uber After an Accident Involving An Uber Driver?
The major legal issue that victims face following an Uber accident is the employment status of the Uber driver. Ridesharing companies such as Uber structure their business so that drivers provide rides in their personal, privately-owned vehicles and are designated as independent contractors as opposed to employees.
This independent contractor status makes it difficult for injured victims to sue Uber directly. Doubly complicating the situation is that Uber drivers’ personal insurance policies may not cover situations where the driver is engaged in commercial activity such as providing an Uber ride.
There are situations, however, where an injured passenger can sue Uber directly. For example, if the company failed to adequately screen the driver and it is later discovered that the driver had a poor driving record or a previous DUI, this may be negligent on the ridesharing company’s behalf, and create a possible avenue for bringing a lawsuit against the company.
Insurance Issues in Uber Accident Cases
Insurance coverage is often critical in these situations and Texas law mandates the following requirements for coverage during different circumstances. These requirements are as follows:
- When the Uber app is off. If the Uber or Lyft driver has the app turned off and is using the car for personal use, only the state minimums apply. These are $30,000 of bodily injury liability coverage per person up to $60,000 per accident; and $25,000 of liability coverage for property damage per accident. In these situations, Uber generally has no liability.
- When the Uber app is active but the driver is not providing an Uber-sponsored ride. Here, Texas law increases the minimum requirements to $50,000 of bodily injury coverage per person up to $100,000 per accident.
- When the Uber app is active and the driver is actively providing an Uber-sponsored ride. In addition to the previously mentioned required minimums, Texas requires an additional $1,000,000 in coverage. This additional $1,000,000 coverage is often provided by the ridesharing company.
With the driver and the ridesharing company having separate policies and coverages, it can be difficult to determine which policy applies in different situations. Whether the Uber driver’s personal policy, Uber’s commercial policy, or the passenger’s own policy with underinsured or uninsured driver coverage applies, our attorneys will fight to get you the compensation you deserve.
Common Injuries Sustained in an Uber Accident
The injuries commonly sustained in Uber and Lyft accidents are no different, and no less serious, than common injuries in other automobile accidents. Depending on the circumstances of the accident, injuries can vary greatly, but commonly include:
- Traumatic brain injury (TBI). Traumatic brain injury can range from a mild concussion to serious brain damage resulting in permanent mental and physical disability, even death.
- Neck and back injuries. When a moving vehicle collides with another vehicle or other object, the resulting crash can sling the occupant of the vehicle with incredible force. This rapid movement can cause trauma to the neck and back resulting in long-term pain and disability.
- Spinal cord injuries. Spinal cord damage suffered in automobile accidents can be extremely serious and result in loss of mobility and coordination, even paralysis.
- Broken or fractured bones. Whether from being ejected from the vehicle or colliding with a part of the vehicle, broken bones including the pelvis, fibula, and sternum are common in accidents.
- Soft tissue damage. Soft tissue such as ligaments and tendons is commonly damaged by automobile accident trauma. This damage can be difficult to diagnose but often leads to long-term pain and discomfort.
In addition to these serious medical issues and the costs associated with treating them, if you have been injured in an Uber accident, you and your family may also be entitled to compensation for pain and suffering, loss of enjoyment, lost wages, loss of consortium, and wrongful death.
Why Do You Need a Houston Uber Accident Lawyer After an Accident?
Considering the multiple parties and insurance companies involved in an Uber accident, you need an experienced Uber accident attorney to help you. Our Houston uber accident attorneys understand the difficulties you are experiencing and will work tirelessly to:
- Provide you advice, support, and guidance at every step of the process
- Thoroughly investigate the Uber accident
- Interview any witnesses or bystanders
- Gather a review of all relevant evidence
- Hire and consult with any necessary specialists or experts
- Defend you from claims by opposing parties or insurance companies alleging you were partially or fully at fault
- Negotiate with insurance companies or opposing counsel
- Keep you informed at every step
- File all necessary paperwork and take your case to trial when necessary
If you have been involved in an auto accident involving an Uber or Lyft driver in the Houston area, contact one of the experienced Uber accident lawyers at Khattar Law, PC to make sure you recover all of the damages you may be entitled to. Call us at (210) 923-1234 or fill out our contact form.