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Over the last decade, rideshare companies such as Uber and Lyft gained mass popularity for a multitude of reasons. These companies allow users to easily request an on-demand ride to their destination for often a cheaper fare than taxi cabs or personal drivers. Additionally, they provide many Americans with a flexible second income stream so people can drive on their own time, schedule and vehicle. With these companies are a great benefit, they also present many legal challenges when both riders and drivers become involved in a rideshare accident.
While these companies provide many benefits to travelers and drivers alike, Uber has made media attention in the last several years about the downsides and potential danger associated with rideshare companies. Questions are asked such as: Which insurance company is liable in an Uber accident? Or: What happens if an Uber driver is attacked by a passenger?
Let’s look at the protections in place for both passengers and drivers for rideshare companies should an unfortunate accident or injury occur during a ride.
Thankfully for both riders and drivers, Uber maintains auto insurance coverage on behalf of their drivers. This covers drivers while they are available or waiting for a ride request, as well as while a driver is enroute to pick up a passenger or during the actual trip. Lyft maintains a similar policy.
While the driver apps are turned off or the driver is not actively engaged in work as a driver, their own personal insurance policy applies. As independent contractors, drivers are generally not eligible for workers’ compensation.
As with any car accident, there are actions you should take to ensure you receive the maximum compensation available to you. You can receive compensation for things like:
Our Houston car accident lawyers are well-versed in what to do, and you can find answers to frequently asked questions about car accidents here.
Last year, Uber was the subject of a lawsuit from 550 passengers over its failure to protect female passengers from kidnapping and sexual assault from ride share drivers. Inadequate background checks on drivers, and a lack of willingness for victims to disclose sexual assault, can create a breeding ground for this type of injury to occur.
Passengers are not the only people at risk during an Uber ride. There have been numerous news stories around the drivers themselves being the victims of assault, robbery or car-jacking.
What protections are in place for both drivers and passengers during a ride? Here, the legal protections can be difficult to decipher. An experienced Houston rideshare accident attorney is well-equipped to advise on your options to obtain justice for your injury.
If you are in an accident in an Uber or Lyft, you should not take the next steps alone. Give us a call, and our legal team will discuss your claim with you and the best options for moving forward with your case. We are available 24/7 at 713-888-9000.
When multiple vehicles are involved in a car accident, liability can get complicated. It is not unusual for more than one party to have some portion of fault or culpability. If you are seriously injured in an auto accident, it is highly recommended that you consult with an experienced attorney to determine if you have a valid claim for damages against a negligent party.
At Scott Callahan & Associates, our lawyers represent individuals who have been seriously injured in car and truck accidents. We have recovered millions in verdicts and settlements on behalf of clients, providing clients and their families with the personalized, compassionate representation they deserve.
Call our office today at (713) 888-9000 for a free consultation.
When another party’s negligence causes an auto accident that results in serious injury or death, they must be held accountable. There can be a single defendant or multiple parties that may have some portion of responsibility for the accident.
Potential defendants in car accidents include:
Rear-end collisions are one of the most common forms of auto accidents. According to the National Highway Traffic Safety Administration (NHTSA), rear-end collisions accounted for over 30 percent of the total crashes in a single year. In many cases, when a person hits someone else from behind, they will be held accountable for resulting injuries or damage.
However, there are some circumstances where another party may be held responsible for a rear-end collision. For instance, in a triggering event or chain reaction where you are rear-ended and forced into another vehicle, the liability may be placed on the driver that caused the initial collision.
Most states recognize that car accidents may be caused by several contributing factors. Only a few jurisdictions follow a pure contributory negligence rule, which bars recovery for a plaintiff whose negligence contributed to the accident. Luckily, Texas follows a Comparative Negligence Rule meaning that a person is not completely barred from recovery if they are partially responsible for an accident, unless they were 51% or more at fault. It is also known as the 51% rule.
Under Texas Civil Practice and Remedies Code Section 33.001, a person may not recover damages if their proportionate responsibility is greater than 50 percent. Thus, as long as your culpable conduct (percentage of fault) is 50 percent or less, you may still recover damages against a responsible party or parties. Your damages, however, may be reduced in proportion to your percentage of responsibility.
For example, if the jury awards a plaintiff $100,000.00 but finds the plaintiff 50% responsible, the plaintiff will only recover $50,000.00. However, if the jury awards a plaintiff $100,000.00 but finds the plaintiff 51% (or more) responsible, the plaintiff does not recover anything.
If you have been seriously injured or lost a loved one in a car accident, contact Scott Callahan & Associates for a free case consultation. Call (713) 888-9000 or fill out our online contact form to speak directly with an attorney.
Founding partner Scott Callahan is a nationally recognized trial lawyer, board-certified in Personal Injury Trial Law by the Texas Board of Legal Specialization. For over 25 years, he has been helping individuals and families obtain compensation for their injuries. Contact our office today to discuss your case.
