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03/07/2022

Uber drivers revolutionized the taxi business. All you need to do is send a ride request; then, an Uber vehicle appears in seconds or minutes. However, this innovation doesn’t eliminate the possibility of traffic accidents. You can still get into an Uber car accident if you have a negligent driver. It’s thus vital to know if accident victims can sue Uber drivers. 

Fortunately, Texas Uber accident lawyers can answer this question. So, suppose you’re in an Uber accident. Then, it’ll be best to get legal representation. An excellent accident lawyer can help you file a personal injury lawsuit. Consequently, you can recover the maximum compensation from any of Uber’s insurance policies. 

How Frequent Are Uber accidents? 

Ridesharing services have achieved much in the US. However, they haven’t reduced the annual number of accident injury victims yet. Instead, statistics show that the chances of getting in an Uber accident are pretty high. Uber released its Safety Report in 2019. In this report, there were 107 Uber car accident fatalities in 2017 and 2018

These figures flow from 97 fatal Uber vehicle collisions. Furthermore, many of these deaths involved an Uber passenger. For example, 21% of the fatalities were rideshare passengers using the Uber platform. This figure was equal to the number of deaths involving a rideshare driver.  

Can I File a Personal Injury Claim As a Passenger in a Texas Uber Accident?

Yes, an injured party can sue the fault party for an Uber accident. This is because Texas is a fault-based accident state. Therefore, the fault driver pays the compensation for losses flowing from a vehicle collision. However, you can’t always sue a driver for compensation. In two instances, you’ll only have an accident claim against the driver at fault. 

These include: 

  • When their Uber app is off
  • When the driver is offline

In both instances, the driver’s auto insurance policy will apply. This is because Uber mandates its drivers to keep insurance on their vehicles. Furthermore, their insurance limits depend on their state laws. So, an Uber driver in Texas must comply with Texas insurance limits. They must thus have:

  • 30% liability coverage per injured person 
  • $60,000 liability per accident
  • $25,000 for property damage per accident 

Your potential compensation from the fault party depends on these statutory minimums. You’ll also have to deal with your driver’s insurance provider.  

Can I Sue Uber for My Accident Injuries?

It’s sometimes challenging for injured passengers to sue Uber or Lyft. Passenger injury claims against these ridesharing platforms are pretty complex. This is because of the legal relationship between Uber and its riders. Rideshare companies classify their riders as independent contractors. Therefore, it’s hard to get Uber’s insurance coverage to cover the losses an at-fault driver caused. 

However, you can still get financial compensation from Uber. The company maintains liability insurance for passenger injuries in some cases. There are two examples where Uber’s insurance coverage will apply. They include when: 

The Driver Is Available or Waiting for a Ride Request

Uber’s third-party injury liability policy will apply here. When drivers are available or waiting for rides, their app is online. So, you can get:

  • $50,000 in bodily injury coverage liability per person
  • $100,000 in bodily injury liability per accident 
  • $25,000 in property damage liability per accident

En Route to Passenger PickUp or During Trips

An Uber accident claim can also arise when a driver is going to pick up a passenger. In fact, many crashes occur during trips. In such cases, you can get fair compensation. An insurance claim or accident lawsuit can get you:

  • $1,000,000 third-party claim liability
  • Uninsured motorist insurance
  • Bodily injury insurance 
  • Underinsured motorists’ insurance coverage

Getting anything beyond these coverage limits will be challenging. Therefore, suppose your medical expenses exceed Uber’s compensation limits. Then, you’ll need an experienced attorney to figure out your next move.

How Long Do I Have to Sue for a Texas Uber Accident?

You may not have to file an Uber accident lawsuit. Instead, you can accept a settlement from concerned insurance companies. Suppose you go to court, though. Then, you’ll need to note the Texas statute of limitations for car crashes. This law prescribes the period within which you must institute an accident lawsuit. 

In Texas, you have just two years to approach the court. Your time starts counting from the date of the collision. Therefore, suppose you neglect this statutory period. Then, you may lose your right to compensation. The fault party merely has to notify the court of your default. Consequently, the court will strike out your claim.

It’s only in rare cases that this default doesn’t affect your right to compensation. Such exceptions include where:

  • The victim was a minor 
  • The defendant escaped the state

Statute of Limitations for Uber Wrongful Death Lawsuits

Uber accident victims also die after collisions. The deceased’s family can file a wrongful death claim in such instances. Notably, the two-year statutory period also applies to this lawsuit. However, the clock doesn’t start ticking from the accident date. Instead, time starts counting from the death date.

Proving Liability in a Texas Uber Accident 

Establishing liability is vital in Uber crashes. This is because Texas practices a fault-based system. Therefore, you must prove fault to recover any compensation. Notably, the driver is most likely responsible for the crash in a passenger accident. This is because the passenger doesn’t have control of the vehicle. 

The rideshare driver has control of the car. In addition, they have a legal duty to drive carefully. Obeying this duty means that they won’t endanger rideshare passengers. Unfortunately, many Uber drivers drive carelessly. Therefore, such a wrongful action can cause a collision.

Consequently, you must show that the driver was negligent. This negligence is a breach of their legal duty of care. In addition, you must also prove that this recklessness is responsible for your injuries or property damages. Fortunately, a personal injury attorney can help you establish these points.

Get the Maximum Compensation from Your Uber Car Accident Claim!

Were you a passenger in an Uber accident? Did you sustain bodily injuries or property losses? If you did, then you may be eligible for compensation. You can sue Uber or the fault driver for damages. First, however, you’ll need the best Texas Uber accident attorneys. Fighting large rideshare companies alone is challenging. 

Therefore, you’ll need solid legal support. Calhoun Meredith has significant experience in handling Uber accident cases. We’ve also won large settlements for our clients. So, we can guarantee the best results for your case too. All you have to do is call us today for a FREE consultation on your case.

Consulta Gratis
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