Seth, a resident of Ohio, was in San Antonio for a business trip. It was late afternoon, and he had just arrived at the airport. He requested a rideshare* to take him to his hotel.
They didn’t get far.
Less than three miles from the airport, the rideshare driver fell asleep at the wheel while heading south on the McAllister Freeway. The vehicle veered off the road at a high rate of speed and smashed into a concrete retaining wall in front of an office building.
Although clearly hurt, Seth was able to get out of the vehicle to check on the driver, then call 911.
After the police arrived, the rideshare driver admitted to the responding officer that he had fallen asleep. Seth was treated at the scene, then transported to the hospital for what the responding officer recorded as “minor injuries.”
* Due to a confidentiality clause in the settlement, we cannot identify whether it was Uber, Lyft, or another rideshare company.
RELATED: San Antonio Rideshare Lawyer | Crosley Law
Seth struggles with concussion symptoms
Although he hadn’t lost consciousness, Seth was showing noticeable signs of a concussion, including headaches and short-term memory loss.
Concussions are classified as “mild” traumatic brain injuries, but the word “mild” is often misleading. Symptoms might appear mild in the first few hours or days after an accident, but it’s almost impossible to know what the long-term effects will be until weeks or even months later.
While many people do make a complete recovery in a few weeks, others struggle with post-concussive symptoms for much longer. Unfortunately, it took several months after the crash before Seth recovered from the impairments due to his post-concussive syndrome.
Furthermore, in addition to his head injury, Seth was evaluated and treated for pain in his neck, back, and right ankle.
The insurance company denies responsibility
Because the driver was engaged in transporting a passenger at the time of the crash, the rideshare company’s insurance policy was responsible for Seth’s damages. But the insurer didn’t even make an offer. They outright denied the claim.
The insurance company argued that the driver wasn’t responsible for the crash due to a medical emergency. According to their version of events, he experienced a sudden and unexpected seizure, which caused him to lose control of the vehicle. Since he couldn’t have possibly predicted that he would have a medical emergency, he was not negligent—and the insurance company wasn’t liable.
Crosley Law fights back and wins big for Seth
This story didn’t ring true to Seth, and it didn’t ring true to us. It also directly contradicted the driver’s own words to the responding police officer, when he clearly confessed to falling asleep.
As Crosley Law dug into the case, it became increasingly clear that the rideshare driver should never have been behind the wheel. At the time of the crash, he was overly tired and suffering from exhaustion. This was not the result of an unpredictable medical emergency—it was a reckless decision by a driver who put his own interests ahead of his passenger’s safety.
Thanks to our hard work and tough negotiation, the insurance company ultimately agreed that we had the better case. Even though Seth’s medical bills were only $8,000 and were covered by workers’ comp, we eventually obtained $200,000 to settle the case.
But this story doesn’t quite end here. Because Seth was injured during the scope of his employment, his workers’ compensation insurance covered the initial cost of his medical care. When this situation occurs, the workers’ compensation insurance provider can seek reimbursement from the personal injury settlement, by filing a lien against it.
After the case settled, Crosley Law went to work negotiating with the workers’ compensation provider and was able to reduce the cost of releasing the lien to $1.00 —a huge win for Seth.
It’s worth noting that Crosley Law does not make any additional income from negotiating liens after a settlement. Our attorney fee is calculated once the initial settlement is finalized. When we negotiate liens after the case settles, the money we save goes directly into our clients’ pockets.
Car Crash? Call Crosley
We have handled many rideshare accidents. If you or someone you love has been hurt in an Uber or Lyft accident, or any other kind of motor vehicle crash, call us today for a free consultation.
Our team is 100% committed to getting the best results possible for our clients—from the moment they first pick up the phone to well after the case closes.
You can reach Crosley Law and request your free case review by calling (210) 529-3000 or contacting us online.
