Ridesharing services like Lyft and Uber are convenient modes of transportation in Frisco. However, while they make commuting easier, you risk getting into an accident every time you become a passenger. A rideshare driver could still act negligently and crash with another car. An accident could also happen due to another motorist’s recklessness.
In any case, you could consider consulting with a Frisco rideshare accident lawyer if you or your loved one became injured in a car crash with a rideshare driver. A lawyer can help you further understand the relevant laws in your accident and compile evidence of your injuries and the driver’s liability.
Damages in Frisco Rideshare Accidents
Settling your rideshare accident action lets you recover economic and non-economic damages. The first pay for your financial losses, while the second type compensates for your pain and suffering. Examples of recoverable damages include:
- Medical expenses (hospital bills, prescription drugs, therapy, and so on)
- Lost wages
- Replacement services (such as childcare and housekeeping)
- Auto repairs (if you were not a rideshare passenger but another motorist instead)
- Loss of consortium
The Frisco rideshare accident lawyer can help estimate your rideshare accident case’s value. However, this first involves compiling as many accident-related expenses as possible so they can calculate your economic damages more accurately. They can then assess your injury to estimate your non-economic damages. You could receive a higher amount if your condition is more severe.
How Shared Liability Affects Recoverable Damages
Winning the Frisco rideshare accident settlement does not mean you automatically recover your damages in full. Due to the state’s comparative negligence rules, your settlement amount could get deductions if you are partly to blame for the car crash.
For instance, suppose you are 40 percent liable for the rideshare accident. That means you can only recover 60 percent of the total case value.
Do note that you cannot recover anything if you are over 50 percent liable for the rideshare accident. As such, it would be prudent to have the rideshare accident lawyer review the case before filing. It can help ensure that you can effectively defend your statements better.
For a free legal consultation with a rideshare accidents lawyer serving Frisco, call (972) 535-6377
Mandatory Insurance for Rideshare Drivers
Rideshare companies and drivers must comply with Texas’s motor vehicle insurance laws to operate in Frisco legally. This involves carrying liability coverage to pay for the accidents they cause. Therefore, you could file a claim with their liability insurance provider to recover damages. Depending on the driver’s status during the rideshare accident, one of two separate liability insurance policies will take effect:
- The driver’s personal auto insurance policy
- The rideshare company’s liability coverage policy
The rideshare accident lawyer can assist with filing the claim with the liability insurance provider. They can also help you appeal to the claim adjuster if you disagree with their offers.
Let us first look closer at how the coverages work in a rideshare accident:
When the Driver Is Off-Duty
Rideshare companies consider their drivers off-duty if they are not yet logged on to the rideshare app. That means the driver’s personal auto insurance policy will cover the victims’ expenses in the accident.
The minimum coverage requirements are as follows:
- $30,000 for injuries or deaths per person
- $60,000 for injuries or deaths per incident
- $25,000 for property damages per incident
When the Driver Has No Rides Yet
The Frisco rideshare company’s insurance policy will cover the driver once logged on to the rideshare app. If the rideshare driver has no rides arranged yet, Texas Insurance Code § 1954.052 requires the company to provide coverage of at least:
- $50,000 for injury or death per person
- $100,000 for injury or death per accident
- $25,000 for property damages per accident
When the Driver Has Passengers on Board
The required liability coverage increases once the driver is engaged in a ride. According to Texas Insurance Code § 1954.053, the liability coverage limit should now be at least $1,000,000. This will pay for both injury and property-related damages.
Frisco Rideshare Accident Lawyer Near Me (972) 535-6377
When to Consider Going to Court
Your Frisco lawyer could also advise you to file a lawsuit instead if the liability insurance claim is not a feasible option. For instance:
- The rideshare driver might have insufficient coverage or be uninsured.
- The driver harmed you on purpose. Insurance companies usually do not cover claims against intentional actions.
- You still do not agree with the insurance company’s offer despite having already appealed and negotiated with them.
Since you will have the civil court review the case, they will also decide the amount you can recover—if they make a verdict in your favor. It may take several court proceedings to conclude a lawsuit, but the rideshare accident lawyer can represent you throughout the litigation process.
However, it is also possible that the Frisco rideshare accident lawsuit never reaches court if you and the other party agree to settle through arbitration. The attorney can still present your case and defend your side during these meetings.
Comply with Filing Deadlines
Your lawyer’s responsibilities include helping you comply with your case’s filing requirements. One of these is the statute of limitations, which is your deadline for submitting your action. Under Texas Civil Practice and Remedies Code § 16.003, you must file for accident damages within two years.
Late submissions are automatically dismissed, so you may want to start forming your case sooner than later to avoid rushing to meet the deadline. The rideshare accident lawyer can check and assist with pending tasks to speed up the process.
The attorney can also see if there are any tolling exceptions. These special circumstances can move your deadline if they apply to your case. For example, if the liable rideshare driver fled to another state or country, the statute timer will not resume until they return to Texas.
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Our Lawyers Are Here to Assist You in Collin or Denton County
Seeking compensation after a Frisco rideshare car crash can be complex due to the various laws involved. However, the team at Underwood Law Office is here to provide legal assistance. Since 1997, our lawyers have handled injury and accident cases in Frisco and throughout Texas. Using decades of combined experience in injury law, we can review your situation and work with you in forming your action.
We have a Frisco rideshare accident lawyer open for consultation if you have any legal concerns. For your free initial review, call us or send the incident details here on our website.