San Antonio rideshare accident lawyer

There are several ways that an accident involving “transportation network companies” (most notably Uber and Lyft) differ from accidents involving passenger vehicles, as well as those involving other types of commercial vehicles.

When regular drivers and passengers are in a crash, they and their insurance companies conduct investigations, negotiate, and exchange money for damages. When a commercial vehicle, such as a semi-truck or taxi, causes an injury, the employer may be liable for the damages their employee caused. In some cases, mechanics or even those who loaded the vehicle bear responsibility.

A rideshare accident is different. Texas laws on transportation network companies apply here. Rideshare drivers operate their own cars and aren’t considered employees of Uber and Lyft. They’re independent contractors who work through an app on their mobile phone. While truck drivers and taxicab drivers go through specific training and vetting processes, the vetting and training for rideshare drivers is minimal at best.

Uber and Lyft do not position themselves as employers who are responsible for the actions of the drivers, but as a point of connection between people who need and ride and people looking to provide a ride. How this plays out in a legal setting is significantly different from typical motor vehicle accidents. Many of the FAQs below illustrate these differences.

It doesn’t matter who was driving or what their employment status is; serious injuries have serious impacts. Medical expenses and lost wages are often devastating for injured people and their families. If someone else is responsible for causing them, you shouldn’t have to pay for those damages.

But because a rideshare accident is based on a unique system, where to begin might not be as clear. Uber and Lyft are not employers, and you generally can’t sue them directly after a car crash. However, the companies do maintain policies that could provide as much as $1 million for injuries, though that amount isn’t available for every crash involving a rideshare vehicle (more on that later).

Drivers in San Antonio are required to carry personal liability insurance to cover the damages of anyone they injure on the road. Because rideshare drivers are in their own cars and not considered employees, you may seek compensation from their personal policies as well. Although, these policies don’t usually cover losses associated with the policy holder’s business activities.

Be aware that Uber or Lyft and the driver’s personal insurance may argue between each other about whom is liable.

Occasionally, rideshare drivers will opt to carry a personal policy specifically for rideshare or commercial driving, although it’s not required. As companies like Lyft and Uber become more popular, more private companies are offering this kind of coverage.

If the rideshare driver was under the influence of drugs or alcohol, distracted, or driving recklessly, the company may deny all liability. Unless the driver carries a personal policy to cover their rideshare driving, your only option might be to seek compensation from the individual themselves (though they’re unlikely to have the funds to provide it).

All these avenues to recover compensation can quickly become complicated, especially as you bounce between Uber or Lyft, the driver’s personal insurance, and any other options you look into. This is where experienced Uber accident attorneys can make all the difference. They are familiar with not only the rideshare platforms, but how they interact with insurance companies.

The amount of insurance coverage available depends on how the Uber or Lyft driver was using their app at the time.

If the driver is not logged into the app:

If the driver isn’t logged in, they are not considered working, and the rideshare company will not provide any coverage for injuries. Only the rideshare driver’s personal insurance policy applies.

In Texas, drivers are only required to carry only $30,000 per person and $60,000 per accident in liability insurance coverage. If you sustained serious injuries in the crash, it is unlikely that the driver’s personal insurance company alone will be able to cover your medical bills, lost wages, and other damages. This is one reason why we encourage all drivers to purchase uninsured and underinsured motorist (UM/UIM) coverage from their own auto insurance company.

If the driver is logged in but had not accepted a ride request at the time of the crash:

Once a driver logs into the ridesharing app, the company is liable for up to $50,000 per person and $100,000 per accident for injuries, although this money is only available if the driver’s personal coverage runs out.

Depending on the circumstances, injured people may need to file claims with both the rideshare company, the driver’s personal insurer, and their own insurance policies. Working with a lawyer will make such a challenge far less overwhelming.

If the driver has accepted a ride request or is carrying a passenger:

If the driver is transporting a passenger or on the way to pick them up, Uber and Lyft (and all other rideshare companies under Texas law) are required to provide $1 million in total liability insurance coverage.

Remember, these policies generally only apply if the rideshare driver is at fault. If another driver causes the accident, Texas fault state rules apply and you must seek compensation from their insurance, rather than the Uber driver or rideshare company.

At Crosley Law, we have a great deal of experience with motor vehicle crashes involving commercial cars and trucks. Rideshare accidents, such as those with Uber and Lyft drivers, are often complex and overwhelming, and we pride ourselves on doing the heavy lifting so that you can focus on healing and your family.

Our team of skilled trial lawyers takes a sophisticated, client-centered approach to Lyft, Uber, and other commercial vehicle lawsuits. We’ll obtain all the investigative reports, documentation, and evidence related to the accident. We’ll also conduct our own investigation. When necessary, we obtain the following information in our cases:

• Relevant medical records and accident reports
• Consultations with nationally and regionally recognized experts and physicians
• Expert opinions from crash reconstruction engineers
• Multimedia presentations to help the jury and others understand your case

These legal and technological assets help us to prove that the negligent driver caused your injuries. And they help us put a precise dollar figure on every cost and loss that you’ve suffered because of that driver’s negligent actions.

We also act quickly. We know the insurance adjuster will try to delay your claim as much as possible, hoping you’ll cave and take a lowball settlement. You can’t wait for help and financial compensation. Our experienced car accident attorneys do everything in their power to push our clients’ cases forward and prepare every case as if it’s going to trial from day one.

We begin every case with a free consultation, during which we get to know you, your story, and the best path forward. If you’re ready to schedule yours today, call (210) LAW-3000 | (210) 529-3000 or complete the simple contact form on our website.