If you suffered injuries in a Lyft or Uber collision that was someone else’s fault, an Arlington rideshare accident lawyer could help you hold the at-fault party accountable for your injuries and other losses.
Whether you were a passenger in a rideshare vehicle, the driver of a rideshare car, or a third party involved in the crash, you might have a claim for damages. Domingo Garcia is here to help.
Who Can You Sue for Your Arlington Rideshare Collision Injuries?
You can sue the individual responsible for the rideshare crash. The at-fault party could be the rideshare driver, a driver of another vehicle, or a third party not driving either vehicle. Texas courts will use this approach to evaluate liability cases in rideshare accidents:
- The defendant must owe a duty to the plaintiff. For example, everyone who operates a motor vehicle on public streets in our state must obey traffic signals.
- When a party breaches a duty of care, they are negligent. Let’s say the rideshare driver ran a red light. Failure to obey traffic signals violates the driver’s legal duty.
- The careless conduct must be what caused the crash. In our scenario, the driver of the rideshare vehicle collided with a truck legally in the intersection when the rideshare car ran the red light.
- The plaintiff must have quantifiable damages from the accident. The plaintiff, the passenger in the rideshare car, suffered physical injuries in the collision.
The passenger in the rideshare car can sue the negligent driver responsible for the crash.
How Rideshare Insurance Works
If the rideshare driver caused the collision, you might wonder whose liability will cover your losses. Rideshare companies require their drivers to have their own automobile liability insurance, but the driver’s personal insurance might not cover situations where the driver is using the vehicle for hire.
Even if the driver’s personal car insurance policy covers rideshare accidents, the driver’s coverage might not be high enough to pay for your entire claim. In any rideshare crash, it would be good to know when the rideshare company’s policy might step in and pay for some or all your losses.
One critical factor is when the wreck happened. For example:
- If the rideshare driver had the rideshare app off when the collision happened, the rideshare company’s insurance will not apply. You must pursue the driver’s personal car insurance coverage. Rideshare companies do not provide insurance coverage 24/7 for their drivers. They only cover when the driver was on duty, working for the rideshare company.
- When an accident happens while the driver has the app on but has not yet received a request for a ride, the driver’s personal car insurance might cover the situation. However, if the driver’s personal policy does not apply, then the rideshare liability coverage will apply.
- Rideshare liability coverage will apply if the accident happened during a ride or when the driver was picking up or dropping off passengers.
Of course, if a third party, like a driver other than the rideshare driver, caused the accident, then you can go against the insurance coverage of the at-fault driver. Rideshare drivers and rideshare companies are not automatically liable when their vehicles are involved in collisions. The ultimate issue is fault. Your lawyer can help you determine fault in your case.
Types of Rideshare Programs
The popularity of rideshare companies like Uber and Lyft in recent years is dominating the use of the term “rideshare.” However, let us not forget that rideshare accidents can happen in several other situations. When people share rides or transportation, according to the U.S. Department of Transportation, they are engaging in ridesharing programs.
A simple carpool arrangement for riding to work or getting the kids to school qualifies as ridesharing. Using a commuter vanpool is another form of rideshare program. Also, local public transportation agencies support some ride-matching programs.
Rideshare companies like Uber and Lyft do not include taxicabs or other commercial vehicles. Instead, most rideshare companies use independent, part-time, non-professional drivers without taxi or limousine licenses. The rideshare service offers an app that connects customers who want a ride with potentially available drivers.
The Statute of Limitations for Rideshare Crashes in Texas
You will not want to sit on your rights for too long if you were hurt in a rideshare accident. Texas law, in Texas Civil Practice and Remedies Code § 16.003, says an individual filing a personal injury lawsuit must file within two years. Section 16.003 also sets the deadline for wrongful death cases at two years.
What this means is that if you want to hold the careless party financially accountable, you must file your personal injury lawsuit before the deadline. If your close relative died because of injuries from a rideshare crash, you must also file the wrongful death lawsuit within two years.
Why You Will Want to Start Your Lawsuit Well Before the Deadline
Two years might seem like a lot of time to file a lawsuit seeking compensation after a rideshare accident. However, there is plenty to do. If you wait a while to start your case, you could receive significantly less compensation.
Your lawyer needs adequate time to perform a thorough investigation and draft all the necessary documents to file the lawsuit. Also, your evidence could degrade over time. Eyewitnesses might forget some details. Skid marks on the pavement can fade away. And you might miss the opportunity to obtain crucial security footage. The sooner you start on your rideshare case, the stronger your evidence can be.
Two years can pass quickly when you are recuperating from severe injuries, out of work for an extended period because of your injuries, or dealing with your grief if the accident took the life of your loved one. So, don’t wait to get started. Domingo Garcia is standing by, ready to help.
Our Results in Texas Car Accident Cases
Rideshare accidents involve vehicles carrying passengers for hire, similar to commercial vehicles. Here are a few of the settlements we have won for our clients in cases involving commercial vehicles:
- $2,750,000 for the death of a roadside worker struck by a commercial motor vehicle.
- $1,000,000 for a non-paralyzing back fracture in a commercial vehicle accident.
- $8,750,000 for an 18-wheeler crash.
These examples do not guarantee you will receive the same compensation in your rideshare accident case. Every personal injury or wrongful death lawsuit is different. The damages you could pursue will depend on the unique facts of your situation.
We can guarantee, however, that we will work relentlessly to get you all the compensation available in your circumstances. We care about our clients, and we know how much the outcome of your case means to you for rebuilding your life.
Damages Recoverable in Arlington, Texas Rideshare Injury Cases
As mentioned before, every rideshare accident compensation claim is different. One person might walk away with only scrapes and bruises, while another person in the same car might have a broken neck, leaving them paralyzed from the chest down.
Here are some of the damages we have won for our clients in motor vehicle collision claims:
This category could include all healthcare services you receive in the treatment of your wounds. The ambulance or life flight is only the beginning of your medical bills. It could take months for all the bills to send to you.
Some additional examples of medical expenses one might incur after being hurt in a rideshare accident can include:
- The emergency room
- Hospital, doctor
- Blood transfusions
- Prescription drugs
- Pain management
- Imaging studies, like x-rays, diagnostic procedures, and physical therapy
If you suffered life-changing wounds, like a skull fracture, you might need therapy and medical procedures at a specialized facility. These healthcare services can go on for weeks or months while your body heals and you learn how to adjust to your new reality.
After suffering debilitating injuries in a crash, you might lose your independence. You might need assistance with daily medical treatment and personal care just to survive. Long-term care, whether administered in the person’s home or a residential facility like a nursing home, is expensive. The party whose negligence caused the rideshare crash should be responsible for this expense, not you.
Depending on your injuries, you might have to purchase medical equipment like wheelchairs, an adapted vehicle, and lift equipment to get you from the bed to your wheelchair. Your home might need modifications to accommodate the limitations from your wounds.
People often miss time from work when recuperating from severe rideshare accident injuries. If you did not receive your usual income during this time, we can add this financial loss to your injury claim.
Decreased Earning Capacity
There are many reasons why you might not be able to make as much money after the collision as you did before your injuries. You might no longer be able to perform all the required functions you need on the job. You might have decreased strength or chronic pain.
After a severe head injury, you could struggle with executive functioning or concentration. You might need to change to a lower-paying position or decrease your hours, which will adversely impact your ability to make a living and support yourself.
Pain and Suffering
There is confusion about the category of damages called pain and suffering. This type of compensation addresses the physical discomfort, inconvenience, and emotional distress that often accompany rideshare collision injuries.
Other Intangible Losses
Other intangible losses after a rideshare crash can include disfigurement from extensive scars, loss of enjoyment of life because of functions a person can no longer perform due to their injuries, and post-traumatic stress disorder (PTSD). Losses like these can impact the individual’s daily life.
We seek additional forms of compensation for your family if your close relative died because of injuries from a rideshare collision.
You should talk to your Arlington rideshare accident lawyer about these and other damages that might be appropriate in your circumstances.
Your lawyer will identify all your damages, calculate them accurately, and pursue the compensation you’re entitled to.
People We Can Help After an Arlington Rideshare Crash
If you suffered injuries in a rideshare crash that was not your fault, you can talk to us about a potential personal injury claim. We do not limit our practice to drivers, passengers, or other limited categories. Please feel free to talk to us about your available legal remedies if someone else caused a rideshare collision that injured you and you were:
- A passenger in a rideshare vehicle.
- A driver in a rideshare vehicle.
- A person riding a bicycle or motorcycle.
- A pedestrian.
- A driver or passenger in another vehicle.
We understand it can be confusing to try to work out liability and which insurance policy covers your injury claim. When you choose our law firm to handle your case, you will not have to worry about sorting out the insurance or liability questions. We will figure out those and many other issues inherent in handling these cases.
Evidence Your Lawyer Can Use to Build Your Texas Rideshare Accident Claim
Because rideshare wrecks involve more complicated liability and insurance issues, we double down on these cases and ensure we seek the best evidence available to support your claim. Here are some forms of evidence we might use in your case:
- The police report, which usually includes information we can use to establish which party caused the collision. Also, the report will provide details like weather conditions, lighting, time of day, relevant traffic signals or signs, and other information we can use in preparing your case for settlement or trial.
- Dashboard cameras. These are much more popular in recent years. If appropriate, we can review footage for useful information for your case.
- Security cameras at commercial establishments and residential properties. These are also used much more now than in the past. We can canvas the neighborhood where the accident took place and try to find helpful video evidence.
- The local government or law enforcement agency might have intersection or red-light cameras installed. Sometimes, these devices have useful video data.
- We can talk to bystanders and other eyewitnesses about what they saw that led up to the crash.
- Sometimes, we work with experts, like accident reconstruction scientists, when there are disputes about causation, speed, and other issues.
- Your medical records will be vital proof of the injuries you experienced. Also, your medical bills will show an essential component of your financial losses.
- Your employment records will establish how much you lost in wages while recuperating from your wounds and any diminished earning capacity.
- Sometimes, we use medical or vocational rehabilitation experts to prove how residual impairments from your injuries adversely affect your ability to make a living.
Depending on your situation, there could be additional types of evidence we can use in your rideshare accident liability case. When your lawyer investigates your case, they will identify and employ all the forms of evidence that can strengthen your case.
Severe Injuries in Crashes Involving Rideshare Vehicles
Some of the many significant wounds a person can suffer in a rideshare accident include:
- Head trauma
- Spinal cord damage and paralysis
- Neck injuries, including whiplash
- Lacerations that involve disfigurement, tissue damage, and permanent impairment
- Facial injuries
- Soft-tissue damages
- Internal organ damage
If your injuries do not appear on this list, do not worry. Simply reach out to us and let us know what injuries you are suffering from. We can then seek appropriate damages from the responsible party.
What Happens When Two or More Parties Are at Fault in a Rideshare Accident?
People might be surprised to learn how often collisions happen because of mistakes by two or more parties. These cases are trickier than accidents with simple liability issues, but the challenges are not insurmountable.
Sadly, when people try to handle their injury claims without an attorney, the negligent parties all point the finger at each other and deny liability. If you do not know how to handle a situation like this, you might be left holding the bag for all your losses and not receiving the compensation you deserve.
We will be happy to sort out the liability questions when there are multiple parties whose fault caused or contributed to the rideshare accident. You will get to rest and recuperate while we fight your battles for you.
How Contingency Fee Arrangements Work in Rideshare Cases
You do not have to let legal fees stand between you and pursuing the justice you deserve after a rideshare collision. At Domingo Garcia, we handle rideshare injury cases on a contingency-fee basis.
With this fee arrangement, you do not have to pay us any upfront legal fees to get our help. You also never pay out of pocket. Instead, we wait until the end of the case and then receive a portion of the settlement or court award. You and your lawyer will agree on the potential portion they take from your earnings. That way, there won’t be any surprises.
It is important to know that we only get paid if you do. If we are not successful, you pay us nothing. There are no financial risks with this payment agreement.
Ways Your Life Could Change After a Rideshare Crash
Sometimes, people hesitate to pursue legal action against the at-fault party after a rideshare crash because all they want to do is heal from their wounds. They might not be able to think beyond the recuperation stage, but being hurt in one of these crashes can set things in motion that will impact your life for much longer than the healing phase.
Here are a few examples of how your life could change after a rideshare accident:
- Bankruptcy from massive medical bills. Unexpected medical bills are one of the most common reasons people file for bankruptcy.
- Using credit cards to survive while unable to work because of your rideshare accident injuries. Many people live paycheck-to-paycheck. When you do not have a large nest egg, you might have no choice but to use credit cards or other high-interest debt to put food on the table and keep the electricity on.
- Debt spiraling out of control with high interest rates until you can no longer make the minimum payments. When your regular paycheck barely stretches far enough under ordinary circumstances, it could be impossible for you to pay off your debt after you return to work.
- Repair costs to your vehicle if your car got hit by a rideshare vehicle. Depending on your automobile insurance policy, your deductible might put repairs financially out of reach.
- You might need to buy a new vehicle if yours is totaled, but your insurance might not cover the entire cost of a new car. Getting a replacement vehicle could be difficult if your credit score took a hit while out of work because of your injuries. And if you do not have transportation, you might not be able to work.
- Drowning in debt and bills for many years because of a rideshare accident that was not even your fault.
As you can see, there are many reasons why you should take legal action to hold the at-fault party responsible for turning your life upside-down because of their mistake. We can fight for the financial recovery you deserve and help get your feet back on the ground.
Getting Legal Help from Domingo Garcia After Your Tarrant County Rideshare Accident
At Domingo Garcia, we are passionate about fighting for injury victims. It can be overwhelming to handle your own injury or wrongful death claim, particularly against a billion-dollar insurance corporation or rideshare company. You should not have to go through this process alone.
Nothing excites us more than winning a great result for someone hurt because of someone else’s negligence. You will not believe how easy it is to get started on your claim. Simply call for your free consultation.