What To Do If You’re Injured in an Uber/Lyft Accident in Texas
Uber/Lyft accident injury in Texas? PM Law Firm’s guide: seek medical care, document evidence, file claims, and protect your rights. Any type of vehicular accident can be a traumatic, stressful situation that results in legal complications and the involvement of numerous insurance companies. Furthermore, accidents involving ridesharing companies, such as Uber/Lyft accident, are often even more complicated with a number of additional layers.
Don’t worry. We’ll help unravel things for you as you learn what to do if you’re injured in an Uber or Lyft accident in Texas, both in the immediate, confusing aftermath and in the weeks and months that follow.
Step 1: Prioritize Your Safety and Health
Before you even think about anything else, prioritize your safety and health as well as that of others who were involved in this ridesharing accident.
Are you hurt? Perhaps you have one or more broken bones or were knocked unconscious. Or maybe your situation is an especially precarious one. If you need it and are able to seek it yourself, request emergency medical care. Also check on everyone who’s involved with the crash, including anyone who was in the Uber or Lyft car, in any other vehicle, an impacted pedestrian or otherwise connected with it.
All of that said, keep in mind that both you and others may be suffering significant injuries and not realize it. That can be because adrenaline and a heightened sense of alert can cause people to feel like they’re fine when they’re not. Also, even when calmed down from the accident, they may still not know that they’re hurt, which can often happen with concussions and several other types of internal injuries.
Additionally, make sure that everyone is moved away from any burning vehicles. At least 100 feet of distance should suffice in most situations.
If there are any difficult decisions to be made due to varying dangers at play, ask the 911 operator, if you’re speaking with one, what should be done.
Step 2: Report the Accident to the Police
Once everyone has been treated and is now as safe as possible, ensure that the police have been notified about the accident. In fact, it is a legal requirement to do this within 24 hours if there have been any injuries or any property damage that exceeds $1,000, and nearly all car accidents fit that description.
However, even if it appears that none of those thresholds have been met, you should still contact the police as your interpretation of the situation in the confusing aftermath may be inaccurate. In addition, take into account that injuries to yourself or others may not be fully evident until hours or days later.
Not only will the officer make sure that everything has been handled, that all who were involved with the accident have been treated and are safe, but they will also complete a CR-3. This official crash report will prove to be invaluable later to your rideshare accident lawyer and yourself as it possesses numerous vital details.
Included in the CR-3 will be detailed information about the drivers, when and where the incident happened, what the road conditions were like, statements and other relevant information.
In most highly populated places, the officer will be with the city’s police department. Conversely, if this accident occurred in a rural area instead, the local jurisdiction will usually be the county’s sheriff’s office while the highway patrol could be involved. Regardless, the 911 operator will send a representative from the appropriate entity.
Step 3: Gather Information and Evidence
Now that the situation has calmed down, gather information and evidence.
Get the names and contact information of those involved, license plate numbers of relevant vehicles and information about any insurance companies that are connected with the accident. You should also note how to get in contact with witnesses for your attorney or yourself to use later and share relevant information about yourself with others there.
Photograph and take videos of the crash scene as well. This documentation should include images of all involved vehicles and any visible injuries that you suffered as well as the weather and road conditions. As part of this process, note any skid marks or areas where many might have expected skid marks to have been created but weren’t.
Also take a screenshot of the ridesharing app that you were using if you were the driver of or a passenger in the ridesharing vehicle when the crash happened.
It’s also important to document your immediate reactions. You could make a video of you talking about what happened while you should also consider getting it all written down as soon as possible afterwards. Regardless, the timing of this is important as you want to record this information while everything is still fresh in your mind.
Be as thorough as possible with all of this, partially because you may not be thinking clearly at this time and partially because you always want to err on the side of caution.
Step 4: Report the Uber/Lyft Accident To Them
Make sure that the relevant ridesharing company, whether it’s Uber, Lyft or otherwise, is notified of the accident.
However, when you do this, be careful to not issue blame to anyone. In particular, do not say that the accident was your fault. Also, don’t accept a settlement offer or provide an official statement to any insurance company until you’ve completed the fifth step.
Step 5: Contact an Experienced Rideshare Accident Attorney
To ensure that you’re fairly reimbursed for what you experienced and related expenses, pain and suffering, consult the services of a rideshare crash lawyer as soon as possible once the first four steps have been handled.
Someone who’s an Uber car accident lawyer or a Lyft car accident attorney will understand the nuances of working with those powerful organizations and with their insurance companies and make sure that they don’t successfully pressure you to accept significantly less than you deserve.
Understanding Rideshare Insurance Coverage in Texas
Rideshare insurance coverage in Texas is more complicated than is the case for most accidents that do not involve Uber or Lyft, but we’ll simplify things and help you understand how this all works.
Essentially, which insurance companies may or may not be involved with reimbursement and otherwise will largely depend on the driver’s status at the time of the accident. Also note that if the other vehicle’s driver is at fault and their insurance will cover everything, the rideshare organization’s insurance company will usually not award anything.
In any case, keep in mind that there may be exceptions to these general rules that could apply to you and that there are some relatively minor differences in how Uber and Lyft handle these types of situations.
1. Driver Not Logged In to the App
If the driver isn’t logged in to the Uber or Lyft app at the time of the accident, they won’t be viewed as a rideshare driver. In other words, this situation is identical to if you’d gotten into an accident with someone who never works with a ridesharing company. You’d simply go through both of your personal insurance companies to ensure that everyone who’s connected with the accident is fairly reimbursed.
2. Driver Logged In but Hasn’t Accepted a Ride
Once the driver has logged in, the situation changes. However, there’s still a notable differentiation to make. Are they ready to work but haven’t accepted a ride yet, or have they accepted that ride and are en route to that person or group of people or actively transporting them?
If the rideshare driver is active in the app but is still waiting for a ride at the time of the incident, what can be awarded is up to $50,000 per affected person (up to $100,000 total) and up to $25,000 in property damage. Also note that these amounts are usually only utilized if the driver’s personal policy won’t cover all or part of the claim. The latter situation may occur if their personal insurance company doesn’t cover drivers while they’re driving for Uber or Lyft.
Those figures are per accident, so if a rideshare driver’s involved in multiple crashes, those amounts would be reset for each one.
Uber also provides UM/UIM (uninsured and underinsured motorist) coverage in these circumstances.
3. Driver En Route to or With a Passenger
What can be awarded goes up significantly if the rideshare driver was either driving an Uber or Lyft passenger when the accident happened or was en route, about to pick them up, at that time.
When either is the case, up to $1 million in compensation is possible. However, it’s still important to use the services of a Lyft car accident lawyer or an Uber car accident attorney to prove negligence, injuries, damages and otherwise as it needs to be shown that you’re eligible for that compensation in order to receive it.
Both Uber and Lyft provide UM/UIM coverage in this scenario.
Common Injuries in Rideshare Accidents
Numerous injuries are possible as a result of a rideshare crash, and you should ensure that you’re treated for yours, whether at the scene by emergency medical personnel or at a hospital or urgent care facility immediately after.
Examples of common injuries in rideshare accidents include:
- head injuries, such as concussions
- neck injuries, such as whiplash
- spinal cord injuries
- broken bones
- muscle, tendon and ligament injuries
- bruises and lacerations
- psychological injuries, such as post-traumatic stress disorder (PTSD)
What Damages Can You Recover?
First, it’s important to note that Texas law states that those who are at fault for an accident are the ones who are responsible for the awarding of any compensation for it.
More to the point, this is done on a percentage breakdown. For example, someone who’s deemed to be 35% responsible for a crash will have their potential payout reduced by 35%. Meanwhile, those who are at least 51% responsible won’t be eligible for any payout whatsoever.
As for the damages that you can recover, these usually include your medical expenses, pain and suffering experienced, reduced income due to missing work or possibly even losing your job and, in rare cases, punitive damages.
You should keep detailed records of your medical treatment, how your income was and may continue to be affected by this, property repair costs and other relevant monetary information to help prove their connection with the crash. Note that both past and potential future expenses will be considered.
Also keep in mind that you normally cannot sue the ridesharing company. This is usually not possible unless its gross negligence played a role in the accident.
Why It’s Smart to Get Legal Help Early
A rideshare crash attorney knows how to simplify this complicated situation and ensure that you’re fairly compensated for what you experienced.
This is done through their knowledge of the law, understanding of how insurance companies operate and negotiate and analyzation of information about the crash, including the police report and photo, video and other evidence. Dashcam footage, rideshare app trip data and witness statements may play roles in this process.
You shouldn’t delay in consulting a rideshare crash lawyer who knows how to legally fight for you for a number of reasons. Amongst those are them effectively negotiating with insurance companies on your behalf from the start and ensuring that all legal and other deadlines are met.
Let’s Talk – Why Contact PM Law Firm
PM Law Firm is dedicated to providing Texas residents and visitors with care and legal expertise as we help them receive the settlements that they deserve. We understand the nuances of Texas law and how those relate to rideshare accidents, and we possess considerable experience working with insurance companies and know what they attempt to achieve in these situations and can effectively counteract their strategies.
If you’d like to discuss your rideshare accident and how we can help you with your claim, reach out today. Let’s talk.