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In today’s rapidly changing economy, the convenience of technological advances has reduced the necessity for people to drive themselves, and has created more possibilities to have others drive for them. From ride-sharing companies like Uber and Lyft, to delivery companies like UberEats and GrubHub, America’s roads are filled with personal vehicles driven for commercial purposes. Unfortunately, many of these services can unnecessarily endanger our community and cause substantial injuries as a result. Dealing with large corporations on your own can be difficult and is often intimidating. If you have been injured by a delivery or ride-sharing driver, you may be entitled to hold these companies accountable. The car accident attorneys at Zinda Law Group are experienced and ready to fight on your behalf. Call us at (888) 671-5127 for a free consultation. If we don’t reach a favorable result in your case, you won’t owe us anything.Can Corporations Be Held Responsible?
Companies involved in ride-sharing and deliveries often attempt to categorize their drivers as “independent contractors,” meaning they are not full-time employees for financial reasons and to evade liability. However, when a driver injures others while on the job, those companies may be held liable under a legal theory called “respondeat superior.” Under “respondeat superior,” a company is vicariously responsible for the harm their drivers cause while on the clock. This means injured parties may pursue actions directly against the companies, as well as against the driver.Delivery Drivers:
Delivery drivers, despite operating their own personal vehicle, are acting as an agent for the company they work for while making deliveries. Under Texas law, companies using delivery drivers are required to maintain insurance policies to cover these workers in the event they cause an accident. Often, these polices provide a substantial amount of coverage to compensate those who are injured in collisions caused by the drivers. Companies using delivery drivers routinely argue that their driver was not working at the time of the collision and that their insurance policy does not apply. A lawyer may aggressively dispute these contentions and demand companies provide evidence proving their denial. Frequently, these companies will rescind their initial argument and admit that their insurance policy is in fact applicable.Ride Sharing Drivers Such as Uber & Lyft:
The Texas Legislature adopted House Bill 1733, which became effective January 1, 2016, ensuring that insurance coverage is available to accident victims injured by drivers working for ride-sharing companies. Even if the driver is not covered by their own personal policy, ride-sharing companies such as Uber and Lyft are required to maintain automobile insurance coverage for bodily injury and property damage their drivers cause. The amount of coverage required by Texas law depends on whether the driver is involved in a prearranged-ride or simply on the clock waiting for a ride to be arranged. In either situation, coverage is available to compensate those injured by ride-sharing drivers. When a driver is using the ride-sharing app without passengers, or not picking up a prearranged ride, Texas law requires ride-sharing companies to maintain insurance coverage with bodily injury limits of $50,000 per person and $100,000 per occurrence, as well as $25,000 in property damage coverage. When drivers are actively engaged in picking up or transporting passengers, these limits increase substantially. Read More: Uber Driver Hurt on the JobIncreased Risk:
As more Americans today utilize delivery and ride-sharing services, the number of these vehicles on the road has dramatically risen, as have the number of accidents these drivers have caused. Some of the most common risks associated with delivery and ride-sharing drivers include:- Driving While Distracted: Most delivery and ride-sharing drivers are required to use their cell phone while on the road to receive instructions from their employer. Rather than focusing on the road, these drivers repeatedly shift their attention to their cell phone. Focusing on a cell phone while driving is the equivalent of driving blind, and is one of the most risky actions a driver can take. Driving while using a cell phone is considered by many experts to be as dangerous as driving drunk, and is a leading cause of accidents today.
- Speeding: Many delivery and ride-sharing drivers are compensated based on the number of trips they complete. As such, drivers may be incentivized to drive at excessive speeds and take dangerous maneuvers to save time. This type of driving endangers the entire community and puts their profits above our safety.
- Bicycles and Scooters: Some delivery and ride-sharing personnel operate on bicycles and scooters rather than a typical vehicle. In doing so, many cause accidents by running into pedestrians or causing other vehicles to swerve in order to avoid an accident.
