A Houston rideshare accident lawyer from Domingo Garcia will seek compensation for your medical bills, lost earnings, property damage, disability, pain and suffering, and all other accident-related damages. Our personal injury team is ready to represent you today.
We will investigate your accident, gather evidence of negligence, and handle all the paperwork while you rest and recover.
What Damages Can I Seek After a Rideshare Accident in Houston?
Your rideshare accident lawyer from Domingo Garcia will identify all of your accident-related damages in Houston, and we’ll seek maximum compensation for each of those damages. Recoverable losses can include:
Non-Economic Damages
Non-economic damages can include:
- Lost quality of life
- Pain and suffering
- Psychological and emotional distress
- Mental anguish
- Emotional pain
- Anxiety
- Depression
- Post-traumatic stress disorder (PTSD)
You could recoup losses not listed here.
Work-Related Damages
Injuries suffered in rideshare accidents can affect you professionally, causing:
- Lost income
- Lost earning power
- Lost productivity
- Loss of potential bonuses, promotions, and other performance-related benefits
- Other professional harm
When a rideshare victim cannot work because of their condition, they’re likely to suffer financial pressure and other harm. Our team will determine the exact cost of work-related damages resulting from your rideshare accident in Houston.
Healthcare Expenses
You can recover any medical bills resulting from your accident. The severity of your injuries will determine the cost of medical care. From emergency transport to your last rehabilitation session, we’ll account for every accident-related medical expense that entitles you to compensation.
Vehicle Damage and Related Expenses
If your vehicle, clothing, cell phone, accessories, or other personal property suffered damage in your rideshare accident, your lawyer from Domingo Garcia will include those damages in your case.
Recoverable damages may vary based on whether we file a lawsuit or an insurance claim, perhaps through Uber or Lyft’s own insurance providers. We can explain exactly what compensation you deserve when you speak with our team.
Wrongful Death Damages
If you lost a loved one as a result of a rideshare accident, we hope to express how sorry we are for your loss. We know that no amount of money can make up for a tragedy, but we hope we can help you secure an amount that will make it easier to grieve. Our wrongful death attorneys can help your family pursue the cost of funeral and burial arrangements, final medical expenses, and the decedent’s lost financial support.
How a Lawyer from Domingo Garcia Will Fight for Financial Recovery in Houston
Our firm has a common mission for every client we represent: get fair compensation and represent the client as if it’s our own future on the line.
Each case has unique circumstances, though, so we mold our legal approach to meet your needs. Our team of lawyers serving Houston can help you by:
Developing a Strategy for Your Case
Rideshare accidents present us with multiple options for seeking compensation. Whether we file a claim with the at-fault driver’s insurer, pursue a lawsuit, or use some combination of these approaches, we’ll develop a strategy specific to your circumstances.
Managing the Daily Duties of Your Case
An insurance claim or lawsuit will involve:
- Conducting an investigation
- Drafting demands and a lawsuit when required
- Obtaining evidence, like witness statements and surveillance video of the crash
- Documenting damages with medical records and medical experts
- Researching the background of the rideshare driver and company
- Hiring experts to effectively present your case to the insurance company and jury
- Ensuring the insurance and legal processes move forward at a reasonable pace
We will manage each of these processes, as well as any other duties required to complete your case. If you don’t hire a lawyer to lead your rideshare accident case in Houston, you’ll have to manage these responsibilities on your own. You don’t have time for that. Rather than struggle with the legal process alone, consider entrusting your case to the team at Domingo Garcia.
Negotiating for the Settlement You Deserve
The attorneys at Domingo Garcia fight hard for clients. We hope to convince the liable parties to offer the settlement you deserve. This will spare us the time and expense of going to trial, but we only advise you to accept a settlement offer that covers your damages.
Taking Your Rideshare Accident Case to Trial
Our firm does what is best for you. Whether that means settling or proceeding to trial, we put your financial interests above all else.
The Houston Rideshare Accident Attorneys From Domingo Garcia Offer Client-Focused Legal Care
Domingo Garcia is a law firm that:
- Has experience with rideshare accident cases
- Knows the Houston area well and its legal system in particular
- Employs several experienced and passionate attorneys, one of whom we will assign to complete your case
- Always puts the client’s interests first
We put our familiarity with rideshare accident cases and the Houston area to work for your case. We know that rideshare accidents can cause life-changing, even fatal injuries, so we view cases like yours as a massive responsibility.
The Advantages of Working with Domingo Garcia
As a client of Domingo Garcia’s team serving Houston, you will receive:
- A guarantee of no out-of-pocket costs: Our firm will represent you at no upfront fee, and we will cover all case-related costs. We will receive a portion of any potential settlement or judgment we get for you; otherwise, you’ll owe us nothing.
- The effort of our entire firm (not just your attorney): While your lawyer will lead your case, they will have the support of paralegals, investigators, and any third-party experts we hire.
- The respect and compassion that every rideshare accident victim deserves: Our clients know that they, and their time, matter to us. We will show you with our attention, communication, and effort that your rideshare accident case is our top priority. When you choose our firm, we honor this choice by fighting relentlessly for your financial recovery.
- A firm with a record of results: Our case results include several multi-million-dollar recoveries for motor vehicle accident victims throughout Texas. We’ve handled and won cases like yours before, and this experience could be immensely valuable to your own case.
As a rideshare accident victim, you deserve to put your health first. When you choose Domingo Garcia to lead your claim or lawsuit, you also choose to focus your time and attention on recovery.
Insurance Policies for Rideshare Accidents
Whether you’re a rideshare driver or someone who uses rideshare services, the company’s insurance coverage extends to you. Because personal auto insurance generally doesn’t often cover rideshare accidents, the state of Texas mandates a certain amount of coverage for rideshare vehicles. As a result, Uber and Lyft have comparable policies.
The amount of coverage differs based on the status of the driver at the time of the collision.
The App Was Off at the Time of the Accident
If the driver wasn’t logged in at the time of the accident, and they were responsible for the collision, they would use their personal insurance. If the rideshare driver didn’t cause the accident, then any victims would go through the insurance of the responsible party.
If fault is unclear in the accident, an attorney can help you determine whose insurance would be liable for your losses.
The Driver Was Waiting for Requests
If the app was on but the driver had not yet accepted a trip, then accident victims may have access to:
- $50,000 in bodily injury per person
- $100,000 in bodily injury per accident
- $25,000 in property damage per accident
If the driver was responsible, then the rideshare company would only chip in for what their personal insurance would not cover. However, if a third party caused the accident, the driver could benefit from this coverage.
The Driver Had Accepted a Trip or Was Delivering Passengers
In the event the driver was actively beginning or completing a rideshare request, victims would have access to:
- $1,000,000 third-party liability insurance
- Uninsured or underinsured motorist coverage
- Contingent collision coverage of up to the cash value of the car ($2,500 deductible)
Uber and Lyft Are Not Strictly Liable for Their Drivers
In many other industries, companies are vicariously liable for accidents their employees cause; however, drivers for Uber and Lyft are independent contractors. Because of this, the companies aren’t automatically liable for damages incurred in an accident.
This doesn’t mean you won’t be able to sue Uber or Lyft at all. Your personal injury attorney can advise you on all possible options for seeking financial recovery.
Can You Sue Uber or Lyft After a Rideshare Accident?
Both Uber’s policy agreement and Lyft’s terms of service have built-in agreements that protect them from certain kinds of civil lawsuits. If the amount of your damages exceeds the limits of small claims court, you would have to proceed through binding arbitration. In addition, you may not join a mass tort, class action lawsuit, or any other kind of collective legal action. Due to this agreement, both you and the company forfeit your rights to a jury.
Unfortunately, arbitration often results in unfavorable outcomes for individuals standing against a large company. However, anyone who is pursuing their damages in this way would still benefit from the help of a legal representative.
Filing a Lawsuit for Negligence
Navigating rideshare cases is complex for many reasons––one major reason being the newness of these kinds of car accident cases. We are still developing procedures and policies to help us understand a world in which rideshare services exist.
As the law currently stands, these large companies are immune to many kinds of lawsuits, but you can still hold them liable for some instances of negligence. Two examples of negligence include:
- Failure to issue background checks on a dangerous driver
- Failure to take action against a driver with multiple infractions
The Statute of Limitations for Filing a Personal Injury Lawsuit in Texas
Not every case will require a lawsuit; however, it is important to keep your options open. Having the ability to file a lawsuit can be a useful negotiating tool. For example, if the insurance company refuses to negotiate in good faith, your attorney can threaten litigation to persuade it to cooperate. If a lawsuit isn’t possible due to an impending or lapsed deadline, the insurer may refuse to negotiate.
If it becomes necessary to file a lawsuit, you must do it before the deadline. Per Texas Civil Practice and Remedies Code § 16.003, you have two years from the date of the accident to file. Missing this deadline could result in the judge throwing out your case before hearing its merits. The court could also bar you from filing at all. In either of these cases, you would lose your right to compensation for good.
Our Houston rideshare accident lawyers aim to protect your right to compensation by preparing your case for litigation from the beginning. We will handle your case with the statute of limitations in mind, so a lapsed deadline doesn’t prevent you from pursuing financial recovery.
Common Causes of Rideshare Accidents
The most common causes of rideshare accidents are the same as regular car accidents. However, drivers for Uber and Lyft are at a unique risk of accidents due to the requirements of the job. Here’s what to know:
Driver Distraction Leads to More Collisions
There’s a lot to juggle in the modern age. For rideshare drivers, these distractions are even more abundant. Not only must they cater to the needs of a passenger by changing the radio, heating and air, or engaging in conversation, but they also have to navigate and make split decisions in unfamiliar environments.
Driving in Unfamiliar Areas Puts Drivers and Passengers at Higher Risk
While crashes in unfamiliar areas aren’t necessarily more common than crashes close to home, drivers who are unfamiliar with the area and are also under other adverse conditions are at a much higher risk of a collision. In a report to Congress, the National Highway Traffic Safety Administration (NHTSA) cited unfamiliarity as a common factor in accidents, especially if other risk factors were in the mix.
Driver Fatigue and Exhausted Driving Increase Risks
Like commercial drivers, rideshare drivers must drive fewer than 10 hours a day. Long days of driving can be exhausting, but driving at odd hours could also increase the risk of drowsy driving. The Centers for Disease Control and Prevention (CDC) lists several dangerous side effects of driving while exhausted. These effects extend to your:
- Decision-making abilities
- Reaction time
- Attention level
Regardless of the conditions of a job, it is a driver’s responsibility to monitor their health, wellness, and alertness behind the wheel. If you suffered injuries in an accident because your rideshare driver (or any other motorist) drove while tired or distracted, our personal injury lawyers can prove the negligent driver’s liability to the insurance company or the court.
How Domingo Garcia Can Prove the Cause of Your Accident
In Texas, you must prove that the other person was at fault for your collision to be eligible for damages. As a modified comparative negligence state, the court could reduce your final compensation if the opposing legal team can prove that you share responsibility for the accident. As your representatives, we aim to combat any unfair accusations of fault and present a strong case on your behalf.
We will use evidence to prove the at-fault driver’s responsibility. Examples include:
- The police report or accident report
- Eyewitness testimony
- Expert testimony, including that of accident reconstruction experts
- Photos or video, including dash cam and CCTV footage if available
- Cell phone records
- Background checks
- Driving records
- Black box data
We may also use evidence of your losses to support your injury claim. For example, we will gather medical bills, medical records, your physician’s testimony, car repair or replacement estimates, receipts, and your personal testimony to advocate for your financial compensation.
We Create Evidence-Based Negligence Claims and Lawsuits
Using the evidence we gather, we will demonstrate the four legal elements of negligence. Meeting these criteria will help us secure the compensation owed to you by the at-fault party. Proving these four elements includes showing:
- Legal duty of care. All drivers owe other motorists, bicyclists, and pedestrians a duty of care. This means they must act as any other reasonable person would in the same situation. If you shared the road (or vehicle) with the responsible party, they owed you this duty of care.
- Breach of duty of care. Often, we can prove the responsible party breached their duty of care with evidence of a traffic violation. For example, if the negligent party ran a red light, they broke a law. Breaking a traffic law is an act of negligence.
- Causation. Using accident reconstruction services, eyewitness testimony, and data from your vehicle, we can prove that the responsible party’s actions caused your collision and your injuries.
- Damages. Using your medical records, physician testimony, and other bills, we can demonstrate the extent of your losses to the insurer, judge, or jury. If you suffered as a result of the accident, we will present evidence testifying to these effects on your life.
Handling tasks like these may be difficult on your own, especially if you’re going up against a well-defended company like Uber or Lyft. We want to take on the investigation for you, so you can focus on what matters most. While you recover, we will gather everything we need to present a strong case on your behalf.
Examples of a Breached Duty of Care
While the presence of any of these behaviors might be an indicator of negligence, leave it to your attorney to decide if they will qualify you for damages. Here are some examples of what a breached duty of care might look like in a rideshare accident:
- Reckless driving, such as driving over the speed limit
- Driving inappropriately for weather or traffic conditions
- Drunk driving or driving under the influence of drugs
- Aggressive driving behaviors like tailgating or brake-checking
- Unsafe lane changes, including a failure to use turn signals
Whatever the cause of your collision, we will uncover the evidence we need to prove fault in your accident case.
Rideshare Accident Injuries
Car accidents can result in catastrophic injuries that affect the health and finances of the victims for years to come. Consequently, the value of your accident case will often be contingent on the severity of your injuries. Because your injuries keep you from going to work, affect your quality of life, and require costly medical treatments, your injuries have a lot to do with your financial award.
Here are some examples of auto accident injuries:
- Traumatic brain injuries (TBIs)
- Spinal cord injuries
- Paralysis
- Neck injuries, like whiplash
- Broken bones
- Bruising
- Lacerations
- Burns
- Chest injuries
- Organ damage
- Internal bleeding
- Soft-tissue damage
We Help Injury Victims at No Upfront Cost
At Domingo Garcia, we help severely injured people pursue their personal injury claims or lawsuits at no upfront cost. Accident victims with injuries like these often have many other things to worry about, so they should have the opportunity to focus on their health and recovery. As your personal injury law firm, our primary goal is restoring your health and peace of mind. We will assist in any way possible, especially by fighting for adequate compensation for your losses.
Call Domingo Garcia Today for a Free Consultation About Hiring a Rideshare Accident Lawyer
A lawyer from our firm will fight to resolve your rideshare accident case in Houston as quickly as possible. We want to get the money you deserve so that you can move forward with your life.
Call Domingo Garcia today for a free consultation.
