Rideshare companies like Uber and Lyft are becoming increasingly popular due to their many benefits. In particular, these rideshare options give consumers an easy and convenient transportation option at the tip of their fingers. However, as you may already know, Uber and Lyft drivers are not immune from traffic collisions.
As ridesharing popularity increases, some reports have shown a correlation to a rise in car accidents resulting in injuries and deaths of occupants and pedestrians. So, who is responsible if you sustain injuries in a rideshare accident? How and when can you recover compensation for your resulting injuries? And what can you do to increase your likelihood of a successful claim?
Use our guide below to learn more about rideshare accidents. Then, see how a Houston rideshare accident lawyer at Armstrong Lee & Baker LLP can help you recover.
At the heart of any rideshare accident claim is a car accident claim which makes the case a little more complex and why you should have an experienced rideshare accident lawyer by your side. If you or a loved one has suffered injuries in a rideshare accident in or near Houston, TX, you should know a few important things about car accident claims in Texas.
Our rideshare accident lawyer will help you but in almost any car accident injury claim, you will need to prove four elements:
Of course, each case is different and will have various facts and circumstances to consider. Thus, contact our qualified Houston rideshare accident lawyer to discuss your potential claim and options.
Additionally, it is essential to be aware of the statute of limitations for a car accident injury claim. A statute of limitations is the legal timeframe in which an injured party must bring their legal claim. For car accident claims resulting in injuries, the statute of limitations in Texas is two years. This means that you must file your legal claim within two years of the date of the accident that resulted in your injury. Failure to do so timely can result in losing your right to bring the claim entirely.
Notably, Texas imposes modified comparative fault rules, referred to as proportionate responsibility under Texas Civil Code. Under the proportionate responsibility rules in Texas, any claimant who is more than 50% responsible for causing the underlying action may not recover any compensation. While this may not always be applicable in rideshare claims, as the passenger in an Uber or Lyft is less likely to be at fault, it is not impossible that Texas proportionate responsibility rules might come up in this context.
For example, if a passenger’s unruly and disruptive behavior caused the rideshare driver to lose control of the vehicle, thereby causing the accident that resulted in the passenger’s injuries, that passenger could be determined to be more than 50% at fault. As a result, that passenger may be prevented from receiving any monetary compensation for their injuries. If you have questions about whether your actions could have impacted your rideshare accident, contact our office to speak with an experienced rideshare car accident lawyer today.
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Despite being car accident cases at their core, there are still a few factors that can potentially complicate matters in a rideshare accident claim. Here are a few special issues to keep in mind.
Under the general principles of vicarious liability, a supervisory party, such as an employer, is typically responsible for the wrongful or negligent actions of a subordinate or associate, such as an employee. For this reason, when an employee of a company causes an accident, the injured party will often seek compensation from the employer instead of, or in addition to, the employee.
Unfortunately, however, for ridesharing claims, suing Uber or Lyft—or any other ridesharing company—may not be an option. This is because most ridesharing companies such as Uber and Lyft hire drivers as independent contractors rather than actual employees.
In a recent Texas case, the Court of Appeals affirmed the status of the driver as a contractor rather than as an employee of Lyft, thereby preventing the claimant from imposing liability on the company. While the court’s holding can undoubtedly complicate matters, it does not mean that victims injured in ridesharing accidents have no recourse. Therefore, it is imperative to speak with a Lyft and Uber accident lawyer in Houston as soon as possible to discuss your options.
As a consumer, you are likely aware of the prevalence of terms and conditions of service in society. Ridesharing companies are no exception, and most will require you to agree to terms limiting certain rights before you can use their services. For example, ridesharing terms and conditions frequently include provisions such as:
While these types of provisions are generally enforceable, this does not mean you have no recourse against the responsible parties who caused your injuries.
If you have suffered a serious injury, you should have an experienced attorney in your corner who is serious about getting you the results you need and deserve. At Armstrong Lee & Baker LLP, we pride ourselves on being qualified and experienced personal injury attorneys. But more than that, we make sure to put our clients and their interests first each and every day.
We know how difficult it can be to navigate the pain and complexities of a rideshare accident claim. We will be there with you every step of the way as we fight for your recovery. When you are ready to start discussing your case, we will be too. Give us a call today to schedule your free consultation and see what our team can do for you.
Scott Armstrong obtains remarkable results for his clients. He has successfully tried numerous cases to favorable verdicts and reached significant settlements on his clients’ behalf, recovering millions for them. Our lawyers have 25+ years of combined experience.
Scott is known for his aggressive approach to every case. He has been recognized as a Rising Star by Super Lawyers, an accolade awarded to only 2.5% of attorneys under forty and practicing for less than ten years. Houstonia Magazine, H-Texas Magazine, and others have recognized Scott as a “top lawyer” in Houston.
This page has been written, edited, and reviewed by a team of lawyers following our comprehensive editorial guidelines. Our lawyers have more than 20 years of legal experience as personal injury attorneys.
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