A Tyler rideshare accident lawyer with Domingo Garcia can help you seek compensation if you suffered injuries in a collision involving an Uber, Lyft, or another rideshare driver. We will work tirelessly to recover your damages so you and your family are not left paying out-of-pocket for injuries and losses caused by another party’s mistakes.
For 35 years, our team has fought for injury victims across Texas. We will put our experience behind protecting your rights and pursuing the awards you need to pay for medical treatment and other expenses without compromising your financial future.
Seeking Compensation for a Rideshare Accident in Tyler, TX
If you sustained injuries during an auto accident involving a rideshare driver, you have the right to seek compensation from the liable party, as you would following any type of collision. Our Tyler personal injury attorneys can help recover financial awards if you suffered harm:
- While riding in an Uber, Lyft, or another rideshare vehicle
- During a collision involving your car and a rideshare driver
- During a pedestrian or bicycle accident involving a rideshare driver
Your recoverable damages will depend on factors unique to you and your case, such as the severity of your injuries, the length of your recovery, and the extent of your necessary medical treatment. However, in Tyler, Texas, recoverable compensation for a car accident may include:
- Medical expenses. If you have a severe, debilitating, or catastrophic injury, medical expenses will likely make up a significant portion of your damages. We can help you recover the cost of current and future treatment, including ambulance transportation, emergency department services, surgeries, hospital stays, cognitive rehabilitation, physical therapy, prescription drugs, medical devices and mobility aids, long-term nursing, and any other necessary accident-related medical care.
- Lost income. We can recover the earnings you lost due to your injury and recovery. In addition, we can pursue awards for your lost earning capacity if you suffered a permanent or disabling injury that interferes with your ability to make a living.
- Non-economic damages. We can pursue monetary awards for depression, anxiety, stress, physical pain and suffering, emotional and mental anguish, scarring, disfigurement, loss of mobility, and other quality-of-life reductions resulting from your rideshare accident injuries.
- Property damages. If your accident involved your vehicle, we can seek awards to pay for repairs or recover replacement costs if your damages constitute a total loss. We can also seek compensation for any other damaged personal items, including laptops, cell phones, jewelry, prescription glasses, and more.
- Miscellaneous losses. We want to ensure you get every cent owed to you and your family, so our attorneys will leave no stone unturned when calculating your losses. We can seek various expenses both large and small, including travel costs, medically necessary home or vehicle modifications, rental car fees, and help with household services like cooking, cleaning, and childcare.
Our Tyler Lawyers Take on Fatal Injury Accidents
The Texas Department of Transportation (TxDOT) reports that a traffic fatality occurs about once every two hours on the state’s roadways. If your loved one died in a motor vehicle accident, we offer our sincere condolences. Our firm would consider it a privilege to assist your family with pursuing justice in the form of wrongful death compensation.
According to Texas Civil Practice and Remedies Code § 71.004, a decedent’s surviving spouse, children, or parents can bring a wrongful death action. If there are no qualifying survivors, we can help the decedent’s personal representative or executor file suit on behalf of the estate. Recoverable damages may include:
- Lost earning capacity
- Lost income, including future income and inheritance the deceased would likely have earned and saved had they lived
- Loss of the deceased’s services, support, care, and counsel
- Loss of the deceased’s love, society, companionship, and comfort
- Surviving family members’ mental pain and anguish
How Can Our Tyler Rideshare Accident Lawyers Help With Your Case?
Getting a fair insurance settlement is often easier said than done. Even seemingly clear-cut claims can quickly become complicated, especially if the insurance company decides to play hardball. Furthermore, dealing with paperwork, deadlines, and haggling with insurance agents can be daunting while coping with injuries or caring for a hurt loved one.
Fortunately, you do not have to go through the process of seeking compensation alone. Our firm can handle every detail of your rideshare accident case so that you can focus on what’s most important – your health and your family.
We Can Prove a Negligent Party Caused Your Tyler Auto Accident
You can only receive compensation for your injuries if you can prove another party is legally liable. To do this, you must show that a rideshare driver or another entity behaved recklessly, wrongfully, or negligently and their actions resulted in your injuries and damages.
Our lawyers are well-versed in state and federal laws and know how to apply legal principles to establish negligence. There are four basic elements we must prove:
- Duty of care. The rideshare driver had a legal responsibility to drive safely.
- Breach of duty. The driver violated traffic laws or engaged in unsafe behavior, such as speeding or driving while intoxicated.
- Causation. The rideshare driver’s behavior caused them to collide with your car or another vehicle.
- Damages. The collision led to your physical injuries and financial losses.
We can do the following to build a robust case proving your right to compensation:
- Obtain official documents, like police reports and medical records
- Track down available surveillance, dashcam, or cell phone footage of the crash
- Locate and interview eyewitnesses
- Obtain the rideshare driver’s TNC app log
- Visit the accident site to take photographs and collect evidence
- Take pictures of your injuries and damaged property
- Hire and consult with crash reconstruction specialists and other subject matter experts
We Will Fight to Protect Your Financial Future After a Rideshare Accident
Before accepting a settlement, you must understand the full extent of your medical condition and financial losses. Once you sign a settlement agreement, you cannot go back and seek additional compensation if you discover your injuries are more serious than you thought or your treatment and other damages add up to more than expected.
We want you to have all the resources you need for your medical care, household expenses, and more – now and in the future. Our rideshare attorneys will use bills, invoices, receipts, income records, and other documentation to track your ongoing losses and calculate fair compensation.
In addition, we can work with medical professionals, economists, and vocational experts to understand how your injuries affect your mental and emotional state, daily life, and ability to work. These experts can also estimate your future medical treatment, lost income, and other accident-related costs. Armed with this information, our lawyers can negotiate for a fair case settlement.
We Will Act As Your Advocate and Ally Throughout Your Tyler Rideshare Car Accident Case
We strive to be a powerful voice for the injured. When you work with us, our team handles all your case-related communications. We deal with phone calls, emails, and meetings with the insurance company, opposing counsel, and other parties. If you must appear in court or attend an official proceeding, we will be by your side, even attending in your place when possible.
Allowing us to communicate on your behalf saves you time and protects you from accidentally saying or doing something that could hurt your case. Furthermore, we will not back down from insurers who want to play hardball. We will tirelessly negotiate for a fair settlement and stand against bad-faith tactics.
Our firm will keep you informed throughout your case with regular and timely updates. We maintain open lines of attorney/client communication, and our lawyers and staff will answer your questions, address your concerns, and explain things in simple, straightforward terms – not confusing legalese. Se habla Español.
Our Award-Winning Law Firm Gets Results for Injured Clients in Tyler, TX
For more than 35 years, Attorney Domingo Garcia and his team have fought for clients across Texas, earning a reputation for their client service and case results. Our firm boasts members of the Best of the Best Attorneys Top 10, The National Trial Lawyers Top 100, and the Multi-Million Dollar Advocates Forum, open only to attorneys who have achieved multi-million dollar verdicts and settlements.
Our winning record includes several significant motor vehicle accident case awards, including:
- An $8.75 million 18-wheeler truck accident settlement
- A $3 million settlement for a motorcycle accident victim
- A $1 million settlement for a truck accident resulting in wrongful death
- A $100,000 verdict for the victim of a car wreck
Our commitment speaks for itself. Read what a previous client had to say about working with our firm:
- “I want to thank the good intentions and efficiency in their work. They really seek to get the best compensation, and I recommend the services of Domingo Garcia. My case was resolved soon and with a just resolution. I do not regret hiring the Law Offices of Domingo Garcia for my car accident case.” – Jose Parra
How Much does It Cost to Work With Our Rideshare Accident Lawyer in Tyler?
We know that an accident can create a massive amount of economic stress. The last thing we want to do is add to that burden. We also do not want the cost of a lawyer to stand in the way of justice. Therefore, our firm takes cases on a contingency-fee basis, meaning our payment comes from a percentage of your case winnings. We only receive payment from you when we win or settle your case.
Another way we help our clients financially is by working with their insurance providers to try to have medical bills and other covered losses paid while their case is pending.
Texas Rideshare Insurance Requirements
Car accident cases often begin with an insurance claim. Because Texas is a fault state, drivers must insure their vehicles with coverage to pay for injuries and damages for which they are legally liable. According to the Texas Department of Insurance (TDI), coverage minimums include $30,000 in bodily injury liability per person/$60,000 per accident, and $25,000 in property damage liability.
However, coverage minimums for transportation network company (TNC) drivers are much higher under Texas Insurance Code § 1954.052. According to the statute, rideshare drivers must have the following insurance coverage when logged into the TNC app and waiting for a ride request:
- $50,000 for bodily injury or death to one person/$100,000 per accident
- $25,000 for property damages
When en route to a prearranged ride or transporting passengers, the rideshare company generally provides:
- $1 million for bodily injury, death, or property damages per accident
Uber and Lyft provide drivers with the above coverage. The companies also supply insurance to delivery drivers, though coverage amounts with Lyft Delivery are lower than those provided to drivers who transport passengers. When not using a TNC app, a driver’s personal insurance applies.
Can You Sue a Rideshare Company?
Sometimes, you can hold an employer responsible for its employees’ negligent actions via a legal principle known as vicarious liability. However, applying this to rideshare companies can be difficult because they consider drivers independent contractors – not employees. However, this does not mean a lawsuit against Uber or Lyft is impossible.
In addition, our Tyler rideshare accident lawyers can investigate your collision and determine if other individuals or entities may bear financial responsibility. We may be able to pursue an insurance claim or lawsuit against:
- The driver of another involved vehicle, such as a third-party motorist
- The manufacturer of a defective vehicle or auto part
- A mechanic or maintenance garage
- The government or private owner of the roadway
- A negligent pedestrian or bicyclist
How Long do You Have to Take Action in Your Tyler Rideshare Accident Case?
You should get started on your rideshare accident case right away. Acting quickly can benefit you and our team in the following ways:
- It allows us to collect physical evidence before it deteriorates or the accident scene gets cleaned up.
- It gives us the opportunity to locate and speak with witnesses before their memories of the crash begin to fade.
- It protects you against allegations that your injury did not result from the accident.
- It leaves ample time to work through insurance claims and the negotiation process before your window to take legal action expires.
According to Texas Civil Practice and Remedies Code § 16.003, in general, you have two years to file a personal injury or wrongful death lawsuit in civil court.
If you do not pursue your case before time runs out, the court will likely dismiss your lawsuit. The insurance company may also use it to reduce or deny your settlement, knowing you can no longer take legal action. The sooner you reach out, the sooner our team can get to work.
Do’s and don’ts After a Rideshare Accident in Tyler
Our team will do everything in our power to make securing compensation as easy as possible for you and your family. However, there are a few simple things you can do to improve your chances of a successful case result:
- Do not give any written, recorded, or oral statements before consulting your lawyer. If the insurance company or opposing counsel contacts you, be polite, but do not give details regarding your rideshare accident, your injuries, or your medical treatment. Don’t speculate on the cause of your collision or who is at fault. Instead, direct the interested party to contact us.
- Do not post about your accident or injuries on Facebook, Instagram, or other social media.
- Do not discuss your case or medical condition with anyone other than us and your doctors.
- Do not engage in activities that could worsen your injuries (or that the insurance company could allege caused or contributed to your injuries).
- Do see a doctor immediately if you have not already. Follow your physician’s orders, do not miss appointments, and seek additional treatment if you have new or worsening symptoms.
- Do save medical items like crutches, prescription bottles, and casts.
- Do hold on to photographs and records of your vehicle damages before getting your car fixed. Save all estimates and receipts regarding repairs.
- Do update our lawyers if you remember new case details, discover new information, have medical updates, or your contact information changes.
Do Rideshare Services Make Cities Safer?
When rideshare services first entered the market in 2009, many believed they would make roadways safer by offering intoxicated drivers a convenient, affordable alternative to getting behind the wheel. However, that assumption has not proved true. In fact, according to the University of Chicago, car accident fatalities have increased by an average of 3 percent annually since the advent of TNCs.
Researchers point to the increased number of vehicles on the roadway and overall miles traveled as the source of the uptick. There is also more of a demand for rideshares, as individuals who may once have chosen to walk, bike, or take public transportation can now call a car. This demand leads to more drivers out working for Uber or Lyft, many of whom drive around searching for passengers, known as “deadheading.”
The University of Chicago reports that bicycle and pedestrian accidents have increased at a similar rate as motor vehicle collisions. In addition to added vehicles on the road, this could be because of foot traffic at rideshare pick-up and drop-off points combined with the driver distraction of using a TNC app.
Common Rideshare Accident Causes
Accidents involving TNCs often occur for the same reasons as any other type of vehicle collision. Our Tyler attorneys can help if your crash resulted from the following:
- Driver negligence. According to the National Highway Traffic Safety Administration (NHTSA), the critical reason for more than 94 percent of traffic accidents is driver error. Examples of driver negligence include:
- Distracted driving, such as texting, eating, looking in the mirror
- Driving under the influence of alcohol or drugs
- Speeding
- Running a red light or stop sign
- Failing to yield
- Making an improper turn
- Failing to maintain lane positioning
- Tailgating
- Reckless or aggressive driving, also known as “road rage”
- Vehicle and mechanical problems. Sometimes, vehicle issues contribute to crashes. Examples include:
- Blown tires
- Faulty brakes
- Engine trouble
- Defective airbags
- Improperly hitched trailers
- Improperly secured cargo, such as bicycles, luggage on a roof rack, or furniture in a truck bed
- Negligent vehicle repairs or maintenance
- Lack of vehicle inspections
- Issues with the roadway. Roadway problems that can lead to a rideshare accident include:
- Potholes
- Crumbling shoulders
- Missing or damaged guardrails
- Broken traffic signals
- Obstructed or missing road signs
- Poor road, crosswalk, or intersection design
- Failure to provide weather-related maintenance
- Lack of lighting
- Failure to clear debris and roadway obstructions in a timely fashion
Uber and Lyft Accidents Can Result in Severe and Fatal Injuries
The National Safety Council (NSC) reports that 4.8 million Americans sought medical treatment for motor vehicle accident injuries in the most recent data year. Like any car crash, Uber and Lyft accidents can cause severe, permanent, and debilitating conditions. Possible injuries include:
- Back, neck, and shoulder injuries like whiplash
- Broken bones
- Internal organ damage
- Traumatic brain injuries (TBIs)
- Spinal cord injuries (SCIs)
- Loss of a limb, body part, or bodily function
- Lacerations
If you suffered physical harm in a rideshare collision on Rice Road, Paluxy Drive, or anywhere else in Tyler, our attorneys can help. We manage cases involving all types of auto accident injuries.
Contact Domingo Garcia to Connect With a Rideshare Accident Lawyer Near You
Domingo Garcia can help you start down the road to financial recovery today. Contact us for a free consultation and learn more about how our Tyler rideshare accident lawyer can fight for you and your family.
We can protect your rights and be your voice as we aggressively seek the awards you need and deserve. There is no upfront cost or obligation. Call today.
