How Can A San Antonio Uber Accident Lawyer Guide You?
Transportation network companies (TNCs), mobility-as-a-service (MaaS) corporations, ride-sharing services, whatever you call them services such as Uber and Lyft now dominate the taxi market. While there is no denying the convenience of ordering a ride from an app on your cell phone, as with any automobile ride there is an inherent risk of accident.
Due to the structure of businesses such as Uber, when accidents occur determining liability can be complicated.
If you or a loved one have been injured in an Uber accident in the San Antonio area, contact one of the experienced Uber accident lawyers at Khattar Law, PC today.
Common Scenarios of Uber and Insurance in San Antonio
Uber and Lyft are large, multinational corporations, their drivers however are independent contractors operating privately-owned vehicles. And while both Uber and the driver carry legally-mandated insurance policies on vehicles used for Uber rides, who is liable for damages resulting from an accident is a fact-specific question. Generally, there are three scenarios that the law anticipates for determining liability in an Uber accident. These scenarios include:
- The Uber app is off and the driver is not actively involved in an Uber-sponsored ride. In this situation, the driver is not on duty and his or her personal automobile insurance policy applies. Here, Uber often bears no liability. The minimum coverage for a driver in this situation is: $30,000 of bodily injury liability coverage per person injured in an accident; $60,000 of bodily injury liability coverage per accident; and $25,000 of liability coverage for property damage per accident.
- The Uber app is on but the driver is idling or waiting for a ride request. Under these circumstances, the liability question is more difficult. Texas law requires slightly higher insurance coverage requirements for these situations. The minimum requirements here are: at least $50,000 for bodily injury to or death per person per incident; $100,000 total for bodily injury or death per incident; and $25,000 for property damage.
- The Uber app is on and the driver is actively transporting a passenger on an Uber-sponsored ride. In this situation, Texas law requires the maximum amount of insurance coverage, at least $1,000,000 for death, bodily injury and property damage per incident.
Insurance requirements notwithstanding, there is never a guarantee that the independent-contractor driver, the TNC, or either party’s insurance company will agree to pay for damages you suffer. Don’t attempt to navigate this difficult legal arena on your own. Contact one of our experienced San Antonio Uber accident attorneys to discuss your case today.
What Damages am I Entitled to if I Have Been Injured in an Uber Accident in San Antonio?
If you have been injured in an accident involving an Uber driver, you may be able to recover financial compensation for damages. How much and from whom will dependent upon a number of factors including:
- The extent and severity of your injuries. Among other claims, you may be able to recover damages for current and future medical costs, rehabilitation, lost wages, pain and suffering, and wrongful death.
- The percentage of fault amongst all involved parties. Texas law recognizes the doctrine of comparative fault. Generally this means that damages awarded may be reduced if the injured party is found to bear some of the responsibility for the accident. The opposing parties’ insurance companies will inevitably seek opportunities to lessen their liability by shifting responsibility to the injured party.
- The number of injured persons and the available insurance funds. If Uber’s insurance company can demonstrate that the driver was not actively engaged in providing an Uber-sponsored ride, the only available insurance funds could be the state minimum requirements, which in the case of serious injuries, may not be adequate.
The process of recovering damages from Uber or Lyft can seem overwhelming. Their drivers’ status as independent contractors makes suing the companies directly very difficult. However, under certain circumstances Uber or Lyft may be held directly liable.
For example, if the company failed to vet the driver adequately and the driver had a poor driving record or a previous DUI, this may be negligence on the ridesharing company’s behalf, thus creating a possible avenue for bringing a lawsuit against the company.
Hire a San Antonio Uber Accident Attorney
If you have been involved in an auto accident involving an Uber or Lyft driver in the San Antonio 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 and fill out our contact form.