Common Causes of Rideshare Accidents
Rideshare accidents are caused by many of the same factors as typical motor vehicle accidents, but there are distinct differences unique to rideshare accidents. In some cases, Uber and Lyft drivers are so overly occupied by their ridesharing app that this can act as a distraction.
We know how dangerous distraction can be for a driver. Even a momentary lapse in attention, lasting just a couple of seconds, can be enough for the driver to lose focus and potentially cause an accident.
Passengers are rarely the cause of accidents, but they may contribute to unsafe conditions in certain situations. For example, overly talkative or disruptive passengers can distract the driver, diverting their attention from the road.
Issues with the vehicle can also be an issue. We have to remember that vehicles used for ridesharing services can often be on the road more than the typical vehicle, and this means the vehicle may be subject to more wear and tear and have higher maintenance requirements. The owner or driver may need to put in more effort and time to keep the vehicle in good working condition.
Legal Framework Governing Rideshare Services In Texas
While rideshare services have become an integral part of the transportation network in Texas, the legal framework is still evolving. The objective of this framework is to ensure accountability and fairness for all stakeholders, including passengers, drivers, and the rideshare companies themselves. It establishes guidelines for operational standards, insurance requirements, and liability in the event of accidents.
Texas law requires rideshare companies to make sure they check their drivers’ criminal and driving records. Only those drivers qualified for the role should be hired. Drivers with major offenses, such as violent crimes, sexual offenses, or DUIs, may not be suitable to operate as rideshare drivers. If a rideshare accident happened due to the rideshare company’s negligence in hiring, then the rideshare company could be liable, at least partially, for the accident.
Rideshare drivers must be over 21 years old, hold valid licenses, and meet minimum driving experience requirements. In addition, the vehicle used for the rideshare service must also pass safety inspections to ensure roadworthiness.
All vehicles used for rideshare services must undergo safety inspections to ensure they’re roadworthy. These inspections typically cover essential aspects such as brakes, tires, lights, and other mechanical components. The aim is to minimize the risk of accidents caused by vehicle malfunctions.
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Driver’s Status at the Time of the Accident
A critical aspect of the legal framework for rideshare accidents in Texas is the status of the driver at the time of the accident. Rideshare companies are required to offer insurance, but the coverage depends on this status.
When a driver is not logged into the rideshare app, they’re in their “off-duty mode”. If an accident happens in this mode, then the driver’s personal insurance may be the only available coverage. Drivers are required to have auto insurance that meets minimum state coverage requirements.
Once the driver is logged into the app, even if they don’t have passengers, they’re technically representing the rideshare company and qualify for the company’s insurance coverage in case of an accident. This is known as “available mode.”
This insurance coverage offered by rideshare companies typically includes $50,000 for bodily injury per person, $100,000 for bodily injury per accident
If the accident happened while the driver is logged in and has passengers, then the required coverage increases. This is referred to as “engaged mode.” During this active ride period, the rideshare company provides at least $1 million in liability insurance. This coverage extends to passengers, pedestrians, and other parties injured in the accident.
Steps To Take After A Rideshare Accident
Passengers choose rideshare for the convenience it offers, while for drivers, it offers an appealing opportunity to earn income on their own terms. Like other road users, no one expects to be involved in a car accident. Yet when accidents happen, the situation can become confusing and overwhelming, especially when it involves a rideshare vehicle.
You can manage the situation better if you know what steps to take after the accident. Not only does following the correct steps ensure your safety and well-being, but it also protects your legal rights and helps establish a strong foundation for resolving financial and insurance matters.
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Immediate Actions For Victims
In the immediate aftermath of a rideshare accident in Texas, your priority is your health and safety. If possible, move to a secure area away from the flow of traffic to prevent further harm. Check yourself and others for injuries, and call 911 if there are any signs of injury. Alerting the authorities will ensure everyone injured in the accident gets timely medical attention.
Even if it appears that you aren’t injured or injuries are minor, you should get a medical check-up. This step can help identify injuries that may not be immediately obvious, such as internal trauma, soft tissue damage, or concussion symptoms, which often surface hours or even days after an accident. It can also serve as evidence for your personal injury claim or lawsuit. Medical records often serve as critical evidence for rideshare accident cases.
Once safety is addressed, the next step is to contact the police and file a report. A police report provides an official record of the accident and can be crucial when filing claims or resolving disputes. You should cooperate with the police officers and be truthful in your interactions. However, refrain from sharing unnecessary information with them.
The officers may prepare an official incident report based on the details of the accident, and anything you say can be included in the record. If you accidentally admit fault, even if you’re unsure of the exact circumstances, this statement could undermine your case and affect your ability to seek compensation.
If you’re at the crash site, you can start documenting the scene. Use your smartphone to take photos or videos of the vehicles involved in the accident, road conditions, traffic signals, injuries, and anything else that could be relevant to the case. This evidence helps establish what occurred and can strengthen any future claims. If there are eyewitnesses to the accident, ask them for their contact information or a brief statement about what they observed.
Lastly, engage an experienced rideshare accident attorney. The earlier you hire an attorney, the greater the impact they can have on your case. Whether you file an insurance claim or take the case to court, having an attorney on your side can ensure that your rights are protected and that you take the correct legal steps from the beginning.
How Angel Reyes & Associates Can Assist
While there’s a lot you can do after the accident to protect your rights, navigating the complexities of a rideshare accident case can quickly become overwhelming. This is where Angel Reyes & Associates steps in to provide legal assistance and guide you every step of the way.
Our legal team at Angel Reyes & Associates has a deep understanding of laws and regulations that apply to rideshare accidents in Texas. We can use our experience to help you get full and fair compensation. Our team can investigate the factors that come into play, such as determining the rideshare driver’s status at the time of the accident.
One of the key advantages of working with our law firm is that we take a client-centered approach to our cases. This means placing the needs, concerns, and goals of the client at the forefront of all legal strategies. Our team tailors our legal strategy to suit the individual circumstances of each case, ensuring no detail is overlooked.
When it comes to negotiations with insurance providers, rideshare companies, or other parties involved in the case, we’re relentless in advocating for your best interests. We understand the tactics often employed by insurance adjusters and opposing parties to minimize payouts or shift liability, and we have the expertise to counter these strategies effectively.
We can also help you secure the maximum compensation you deserve for your injuries and losses. At Angel Reyes & Associates, we understand the financial burden that a rideshare accident can place on victims. This can include medical bills, lost wages, emotional distress, and financial strain.
Once you accept a settlement, you may no longer be able to seek further compensation for the case. This means it’s critical that you only accept the settlement that represents all your suffering, including past, present, and future expenses.
We understand that victims often want to secure compensation to use the funds in their recovery. However, insurance companies and opposing parties may attempt to undervalue your claim or delay payments, which can create obstacles during a critical time. We can help you get your compensation on time while also ensuring the amount reflects your full range of damages.
Challenges In Uber And Lyft Accidents
Rideshare accidents present challenges compared to typical car accidents. One of the main challenges is determining who is responsible for the accident. Was it the rideshare driver, another motorist, or a combination of factors, such as unsafe road conditions? Establishing fault can be a time-consuming and complicated process.
Another challenge in such cases is the driver’s status at the accident. The accident can occur in between phases of the driver’s activity on the rideshare app. For example, the driver might be logged into the app and waiting for a ride request, or they could be transitioning from accepting a request to picking up a passenger. Accidents in these transitional periods can be more complex.
If you’re going up against rideshare companies or insurance providers, you may encounter additional hurdles. These companies often have significant resources and teams of attorneys working to protect their interests. Rideshare companies often attempt to distance themselves from the accident.
They might try to claim that the driver is an independent contractor, and as a result, the rideshare company has little to no liability for the accident. Similarly, the insurance company may try to deflect the liability to the rideshare company or other parties involved in the accident. These tactics can make it difficult for rideshare accident victims to secure fair compensation.
Do Rideshare Accident Victims Need An Uber And Lyft Accident Lawyer?
While technically you don’t need an attorney for rideshare accidents or other types of auto accidents. However, having an attorney offers several benefits. The attorney can ensure you get maximum compensation based on the strengths of your case. They can also reduce the burden on you, so you can focus on your recovery.
Trying to recover from an Uber or Lyft accident while also trying to navigate the legal process can often be challenging. With an attorney on your side, you have a dedicated advocate who will handle the complexities of the process and fight for the compensation you truly deserve.
Schedule Your Free Case Review With a Rideshare Accident Attorney
At Angel Reyes & Associates, we offer free consultation for cities involved in rideshare accidents. Our team can guide you on everything related to the case, including the rideshare company’s insurance policy that applies to your case. We have four locations in Texas, and you can schedule your consultation at any of these locations. You can reach us over the phone, or you can send us a message.
