Rideshare companies make it easier for Garland, TX, residents to ride to the airport or get home after a night out. You hope that the rideshare driver will drive safely. However, that is not always the case. As a rideshare passenger or another driver on the road, you may have experienced an accident caused by an Uber or Lyft driver.
Uber & Lyft accident claims are more complicated than other accident claims, but that shouldn’t stop you from pursuing your rights. Our Garland Uber & Lyft accident lawyers at the Hartley Law Firm are here to help. We know the complexities of a rideshare accident. We’ve helped our clients obtain compensation in rideshare cases. Contact us today.
Car accidents have increased since the Uber and Lyft rollouts. Common causes of rideshare accidents are discussed below.
Fatigued Driving
Rideshare drivers are paid per ride, not per hour, increasing the likelihood of working longer hours. According to the New York Times, Uber uses psychological methods to encourage drivers to drive for longer hours, raising the likelihood of fatigued drivers.
Distracted Driving
Distracted driving is a common cause of any car accident. Since rideshare drivers rely on their phones for work and navigation, they are particularly prone to distracted driving.
Unsafe Pick-Up, Drop-Off, or Parking
Pick-ups and drop-offs are stressful for anyone. However, rideshare drivers can make hazardous decisions on the road to get their next fare.
Speeding
Since rideshare drivers are paid per ride, not per hour, they have an incentive to get through each ride quickly.
Vehicle Maintenance
Rideshare companies do not inspect rideshare vehicles. It’s up to drivers to make sure that their vehicles are maintained. Procrastinating on addressing a much-needed maintenance issue may cause an accident.
Although these may be common causes for all car services, Uber and Lyft passengers face other problems. For example, Uber and Lyft do not regulate drivers, and Texas doesn’t require special licenses for rideshare drivers. Our rideshare accident lawyers will investigate to determine the cause of an accident.
Texas law uses the negligence standard to assess liability for rideshare accidents. To demonstrate negligence, you must show:
- Duty—The driver owes passengers and others on the road an obligation to drive in a reasonably safe manner;
- Breach of duty—The driver breaches this duty when they speed, drop a passenger off in an unsafe manner, or otherwise drive recklessly;
- Causation—This breach caused an accident;
- Damages—You suffered harm or injuries from the accident.
Rideshare drivers owe a higher duty of care to their passengers because they’re common carriers. Plus, courts have held that they owe others on the road more care. They must act in a prudent, cautious, and reasonable manner; if they fail to do so, they may be liable. Our Garland Uber & Lyft accident attorneys can better advise you on common carrier obligations.
You may wonder, Who is responsible for an Uber or Lyft accident? Sometimes, another driver on the road may be at fault. Other times, it may be the rideshare driver.
The situation becomes a little complex if the rideshare driver is at fault. Depending on whether the driver has a passenger or is off the clock, you may have to deal with the rideshare driver’s automobile insurance or insurance provided by Uber or Lyft. Here is the breakdown of insurance for Uber and Lyft drivers:
- The rideshare app is off – The injured parties must deal with the driver’s insurance;
- The rideshare app is on, but no trip request – The rideshare company’s insurance covers at least $50,000 in injury liability per person, $100,000 in total liability per crash, and $25,000 in property damage liability per crash;
- The driver is en route to a pick-up or has a passenger – The rideshare company’s insurance covers at least $1,000,000 for third-party auto liability.
Sometimes insurance doesn’t cover your damages, especially when your damages exceed the policy’s limits. Our Garland Uber & Lyft accident attorneys can help you find the best options.
Rideshare companies try to circumvent liability by labeling their drivers as independent contractors. This makes trying to sue a rideshare company complicated. You should speak with one of our rideshare accident attorneys to see if you can bring a case against a rideshare company directly.
A person injured in a rideshare accident in Texas may seek economic and non-economic damages. These damages include:
- Lost wages;
- Medical costs;
- Damage to property;
- Emotional distress;
- Pain and suffering;
- Loss of enjoyment of life.
If the driver was particularly reckless, a court could award punitive damages. Punitive damages are meant to act as a deterrent for bad behavior and thus punish a driver.
Figuring out who’s responsible for a rideshare claim and dealing with different insurance companies takes a lot of work. The Garland Uber & Lyft accident lawyers at the Hartley Law Firm know how to investigate rideshare cases. We’ll stand up to aggressive insurance companies to ensure you get the compensation you deserve. Contact us today.
