El Paso Uber Accident Lawyers
CALL (800) 863-5312 TO SPEAK WITH EL PASO UBER ACCIDENT ATTORNEYS FOR FREE
There is no such thing as a simple car accident claim. Any car accident, no matter the circumstances that led up to and caused it, can have devastating consequences for the victims. However, when one of the vehicles involved was driving for a ridesharing service, like Lyft or Uber, seeking maximum compensation for your injuries will require moving through another layer of complications. Hiring an experienced El Paso Uber accident lawyer may lift the burden as you work through the aftermath of your accident.
UBER ACCIDENT STATISTICS
The founding of ridesharing companies and the introduction of rideshare vehicles is a recent development. Uber, one of the leaders in this area, launched in 2009. Thus, it isn’t possible to get a total statistical picture of how ridesharing companies have affected our roadways. However, a few pertinent stats include:
- In a recent article, a group of researchers concluded that the arrival of ridesharing was associated with a 2-3% increase in the number of accidents taking place.
- In 2019, 32,160 people died in auto accidents across the country.
- In Texas, there are approximately 26 deaths stemming from an automobile accident for every 100 million vehicle miles traveled.
WHO IS LIABLE?
An important part of every personal injury claim is determining who is liable for the injuries. Generally, the liable party will be required to pay for the costs the injured person incurred. In a typical car accident, this analysis can sometimes be relatively straightforward—the driver who rear-ends you while you are sitting still at a red light is likely going to bear the majority of the fault.
When an Uber or Lyft driver is involved in the accident, however, things can become a bit more complicated because of the role of the ridesharing companies. There is an ongoing legal struggle over whether drivers are employees or independent contractors, which would impact whether the company is liable for damages. Ridesharing companies also carry insurance, in addition to the individual drivers’, and this insurance coverage will vary depending on exactly when and how the accident occurs.
UBER INSURANCE COVERAGE
Companies like Uber and Lyft have insurance that may cover a victim’s injuries when an accident occurs as a result of the negligence of a rideshare driver. This insurance coverage varies depending on which stage of the ride the accident occurs.
The Uber App is Off
If an Uber or Lyft driver is driving while their app is off or inactive, then they are essentially no different from any other driver on the road. Uber’s insurance coverage will not cover these accidents. Rideshare drivers are required to have their own insurance, though, to cover accidents during this phase.
The Driver is Waiting for a Pickup Request
If the app is active but the driver has not picked up any passengers yet, they are still considered to be using their vehicle for ridesharing purposes. At this stage, if the driver is involved in an accident, Uber will provide some insurance coverage. Uber’s insurance will only kick in, however, if the driver’s personal insurance does not offer coverage of greater or equal value. There are also caps on the amount of damages that will be covered by Uber’s insurance.
The Driver has Accepted a Ride or has a Passenger in their Car
If there is currently a passenger in the car or if the driver is en route to go pick up a passenger, Uber’s insurance coverage is at its strongest. During this stage, Uber’s insurance covers up to $1 million per accident in liability coverage for both the passenger and the driver. This insurance covers the driver, passengers, pedestrians, and property.
Breaking down the potential insurance coverages into these three categories is just scratching the surface of the complexities that can surface in the case of an Uber accident. An El Paso Uber accident attorney may help you determine the best strategy to seek compensation from Uber or the driver’s insurance.
WHO CAN MAKE A CLAIM?
If you were a passenger who was injured while paying for a ride in an Uber vehicle, then you might be entitled to compensation for the injuries that you sustain as the result of an accident. Your claim will depend on who the at-fault driver is. If the Uber driver is at fault, then you may be able to seek compensation under Uber’s liability coverage. However, if the Uber driver is not at fault, you still might be able to seek compensation under Uber’s uninsured or underinsured motorist coverage.
Hit by an Uber Driver While Driving
If you were driving in your personal vehicle and were involved in an accident with an Uber driver, your claim will likely depend on the status of the Uber driver as described in the previous section. If the driver did not have their app turned on, then your claim will proceed as if they were just another driver. However, you may be able to file a claim with Uber’s insurance coverage if the driver had a passenger in their vehicle.
Read More: El Paso Car Accident Attorneys
Pedestrian Struck by Uber Driver
Pedestrians who are struck by an Uber driver will likely find themselves in a similar position to drivers who get into an accident with an Uber driver—Uber’s own insurance coverage may come into play if the driver was transporting a passenger, but it likely will not if the driver didn’t have their app turned on. Even if the driver had their app on but had not yet received a ride request, Uber may make the argument that they do not share in any of the liability and should not be forced to pay for any injuries.
WHAT DO I DO AFTER AN UBER ACCIDENT?
1. Report the Accident to Police and Uber
After your accident, report it to the proper parties. First, contact the police and have an officer report to the scene. Depending on your accident, this may be required by law. It can also be helpful to have the officer create a police report with your information while it is fresh in your mind. Reporting the accident to Uber is important as well because you might end up seeking compensation from their insurance policy.
2. Document the Accident
The further you get from the date of your accident, the fuzzier your memory will become. You should document the important details of the accident before you leave the scene. This includes taking photos of all the vehicles involved in the crash from various angles. You should also speak with any witnesses who might have seen the accident take place and ask them what they saw, as well as getting their contact information.
3. Seek Medical Care
Even if you think you might have escaped your accident without any real injuries, you should seek medical attention for a few different reasons. For one, the adrenaline from your accident could be masking the pain of your injuries. Certain injuries also may not present symptoms right away. A medical professional might be able to catch these injuries and prevent them from worsening. Going to the doctor also serves a secondary purpose in establishing the link between the accident and your injuries. The sooner you visit the doctor, the stronger this link will be.
4. Speak with an El Paso Uber Accident Attorney
You’re probably feeling very confused about how to move forward after your accident. You may have been contacted by other drivers and insurance companies with conflicting information or who are telling you things that don’t quite feel right. Speaking with an Uber accident as soon as possible after your accident will help preserve your claim and may give you the best possible chance at receiving the maximum compensation available for your injuries.
LEGAL TIME LIMITS
Your Uber accident claim will not last forever—in Texas, the statute of limitations for filing a car accident claim is two years from the date of the accident. You have two years within which to file your claim. If you file a claim after the statute of limitations has run, then you will not be able to receive any compensation. There are certain exceptions to the general statute of limitations rule, such as if the accident victim was a minor or when your injuries don’t become apparent until long after the accident. Speaking with a lawyer as soon as possible after your accident is the best way to avoid running into any timing issues.
TRUST THE ATTORNEYS AT ZINDA LAW GROUP
Car accidents can be traumatizing. You should not need to worry about affording legal representation after an accident. Our El Paso lawyers work on a contingency fee basis, so you don’t owe us anything unless we win your case. That’s our No Win, No Fee Guarantee. If you or a loved one has been involved in an accident with an Uber vehicle, call (800) 863-5312 to speak with a lawyer for free.
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