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Uber and Lyft have become a convenient way for people throughout Austin to get where they need to go. Unfortunately, rideshare accidents still occur, often leaving drivers, passengers, pedestrians, and other motorists facing serious injuries, mounting medical bills, and uncertainty about what comes next. If you or a loved one has been injured in an Uber or Lyft accident, an experienced Austin car accident attorney can help you understand your legal options and pursue the compensation you deserve. At Bonilla Law Firm PLLC, our team is committed to protecting the rights of injury victims and helping them navigate the complex legal and insurance issues that often arise after a rideshare accident.
After an accident occurs, the medical expenses can quickly pile up. The personal injuries suffered in Uber or Lyft accidents can result in lost wages and missed time from work. Our Austin personal injury lawyers are here to help navigate our clients through the legal process. From handling negotiations with insurance companies for Uber or Lyft, to correspondence with rideshare drivers and their personal insurance companies as needed. We help recover damages for our clients and fight to represent victims of personal injury to recoup what was lost in an Uber or Lyft accident.
The steps you take after a rideshare accident can have a significant impact on your health and your ability to recover compensation. Seeking medical attention should always be the priority, even if injuries initially appear minor. Some injuries may not become apparent until hours or days after the accident occurs.
If possible, report the accident to law enforcement and obtain a copy of the police report. You should also report the incident through the rideshare application’s reporting system so there is a record of the crash involving Uber or Lyft.
Gathering evidence can also be extremely valuable. Photographs of vehicle damage, road conditions, visible injuries, and the accident scene may help support a future claim. Contact information for witnesses should be collected whenever possible.
After the accident, insurance representatives may contact you and request a recorded statement. Before discussing fault or accepting any settlement offer, it is often beneficial to speak with an attorney who understands the unique issues involved in rideshare accident claims.
By acting quickly and preserving important evidence, injured victims can better protect their rights and improve their chances of obtaining fair compensation for their losses.
Ridesharing collisions are caused by factors common to any other auto accident, including:
Some of the most common rideshare accidents are caused by distracted driving and drowsy driving.
Distracted driving: Distracted driving is one of the most common causes of car accidents and rideshare accidents. In 2017, distracted driving was the third-highest contributing factor in the total auto crashes in Texas. Due to the nature of the application and the user interaction required to accept a ride, along with the alerts and directions that require the driver to take their eyes off the road, the driver of an Uber or Lyft may, unfortunately, be distracted, which can in turn lead to auto accidents.
Drowsy driving: Drowsy driving is a contributing factor in rideshare accidents. Many drivers are encouraged to drive during peak hours or choose to drive for extensive periods of time (more than ten hours). In 2018, Uber imposed a twelve-hour driving limit, but the entity still encourages drivers to drive during peak hours (generally late night or early mornings on the weekends).
The notifications may incentivise individuals who are ready to call it a day to continue to drive past the point where it is safe to do so. Dependent on certain promotions, rideshare applications may send notifications or “nudge” the driver to continue to drive. Some of these drivers in question may sacrifice sleep for another ride, and if this is the case, it can lead to a drowsy driving auto accident.
Victims injured in Uber and Lyft accidents may be entitled to recover compensation for a variety of economic and non-economic damages. The exact value of a claim depends on factors such as the severity of the injuries, the cost of medical treatment, and the impact the accident has had on the victim’s daily life.
Medical expenses are often one of the largest components of a rideshare accident claim. Compensation may be available for emergency treatment, hospital stays, surgeries, physical therapy, prescription medications, and future medical care related to the injury.
Many accident victims are also forced to miss work while recovering. Lost wages and loss of future earning capacity may be recoverable when injuries prevent a victim from returning to work or limit their ability to earn income in the future.
In addition to financial losses, victims may seek compensation for pain and suffering, emotional distress, physical impairment, and loss of enjoyment of life. If a rideshare accident results in a fatal injury, surviving family members may also be able to pursue damages through a wrongful death claim.
Every case is different, which is why it is important to have an attorney evaluate the full extent of your losses before accepting a settlement offer from an insurance company.
When you are involved in a Lyft or Uber accident, whether as an Uber driver, Lyft driver or a passenger, it may be difficult to distinguish who is liable for your injuries. Whether the driver’s personal insurance company is liable or the rideshare company’s insurer is liable will depend on the exact circumstances surrounding the accident. For example, Uber has set the following guidelines:
Lyft has set a similar policy in place, which defines when a driver is considered to be working and at what times they are not.
If the Uber or Lyft driver was not at fault for the accident, the at-fault party’s insurance company is liable for both the driver and the passenger. If the liable Lyft or Uber driver does not have insurance, both Uber and Lyft carry uninsured or underinsured motorist insurance that can protect the driver, the passenger, or both.
One of the factors that makes rideshare accident cases more complicated than traditional car accidents is the insurance coverage involved. Whether an Uber or Lyft insurance policy applies often depends on what the driver was doing at the time of the collision.
If a rideshare driver is not logged into the Uber or Lyft application, the rideshare company will generally deny coverage, and the driver’s personal auto insurance policy will be responsible for any damages. However, once a driver logs into the application and becomes available to accept rides, additional insurance coverage may become available through the rideshare company.
Coverage limits can also change depending on whether the driver is waiting for a ride request, traveling to pick up a passenger, or actively transporting a passenger to a destination. In many situations, Uber and Lyft provide significant liability coverage when a driver is engaged in rideshare activities.
Determining which insurance policy applies is not always straightforward. Insurance companies may dispute whether the driver was actively working, whether another party was responsible for the collision, or whether coverage exclusions apply. As a result, accident victims may find themselves dealing with multiple insurance carriers at the same time.
A skilled Austin rideshare accident attorney can investigate the circumstances surrounding the crash, determine which insurance policies may apply, and pursue compensation from all available sources.
The injuries suffered during rideshare accidents in an Uber or Lyft are nearly identical to the common injuries suffered from car accidents. Some of the most common injuries involved in rideshare accidents include (but are not limited to):
Hiring an Austin Uber accident attorney with experience handling rideshare accident cases and is knowledgeable in these cases is very beneficial. Our attorneys will immediately begin investigating the facts surrounding your accident to determine which insurance company should be held liable. Texas state law requires ridesharing companies to carry million-dollar insurance policies to cover passengers, but their insurance companies will still try to finagle their way out of paying your claim. Companies like Uber and Lyft consider their drivers to be independent contractors; their insurers will often refuse to pay claims based on the fact that they are not responsible for rideshare drivers’ negligent actions because they are not employees. A qualified Austin car accident lawyer will have the expertise to handle your claim and will maximise your potential of receiving the compensation you are entitled to.
While rideshare accidents may appear similar to other motor vehicle collisions, they often involve unique legal and insurance issues that can make the claims process more complicated. Unlike a typical car accident, multiple insurance policies may be involved, including the rideshare driver’s personal insurance coverage, the rideshare company’s insurance policy, and the insurance policy of another at-fault driver.
Another challenge is determining the rideshare driver’s status at the time of the accident. Insurance coverage may depend on whether the driver was logged into the application, waiting for a ride request, traveling to pick up a passenger, or actively transporting a passenger. These distinctions can have a significant impact on the amount of coverage available to accident victims.
Rideshare companies such as Uber and Lyft generally classify drivers as independent contractors rather than employees. As a result, questions regarding liability and insurance coverage may become more complex than they would be in a standard automobile accident case.
Additionally, rideshare accident claims often involve important electronic evidence. Information stored within the rideshare application, including ride records, driver activity, GPS data, and communication logs, may help establish what occurred leading up to the collision. Obtaining and preserving this information can be critical to a successful claim.
Because rideshare accident cases frequently involve multiple parties and complicated insurance issues, accident victims often benefit from working with an attorney who understands how these claims differ from traditional car accident cases and how to pursue compensation from all available sources.
If you or a loved one has suffered from a rideshare accident, causing unexpected medical bills and other expenses due to your injuries, then our Austin Uber accident lawyers at the Bonilla Law Firm PLLC are available to help. Our dedicated team at our law offices has successfully advocated for our clients in recovering financial compensation for their losses in personal injury cases. Fill out our online contact form or call our attorneys today to discuss the legal options available to you. Our trusted legal team of personal injury attorneys offers free consultations for these matters and is here to discuss the unique circumstances of your case.