While rideshare services help make traveling easier in McKinney, their drivers might not always be careful. For instance, they could go over the speed limit or disobey stop signs and traffic lights. They might also text while driving. Such careless behavior can lead to costly accidents here in McKinney.
If you were recently in a car crash due to a rideshare driver, a McKinney rideshare accident lawyer from Underwood Law Office could guide you on filing for compensation.
Rideshare Accident Damages in McKinney
Before building your case, let us consider what you can recover in a settlement. Generally speaking, you would be able to recover economic and non-economic damages. The first pays for the financial costs accrued, while the second compensates for your suffering. Your lawyer can help estimate these damages to determine your potential recovery if you win.
Calculating your rideshare accident case value entails compiling your injury and property damage-related expenses first. Some examples of economic damages include:
- Hospital bills and other medical costs
- Lost wages or business income
- Auto repairs (if you were not a rideshare passenger but another motorist)
- Funeral expenses (if a loved one died in the rideshare collision)
Non-economic damages are more complicated to compute due to the abstract nature of the losses they compensate you for. However, the amount typically depends on two factors: your economic damages and your injury. The economic damages will get multiplied by a certain value based on your condition’s severity. Your McKinney rideshare accident lawyer can assess your injury to predict how much your non-economic damages can be. Examples of these damages are as follows:
- Chronic pain
- Disabilities or disfigurements
- Emotional trauma
- Loss of enjoyment of life
- Loss of consortium or guidance
For a free legal consultation with a rideshare accidents lawyer serving McKinney, call (972) 535-6377
Comparative Fault in McKinney Rideshare Accidents
It would be in your best interest if your lawyer could check your rideshare accident action before filing. Due to Texas’s comparative negligence statutes, you could recover less than your total damages if you share some fault for the rideshare crash. The liable party could use any weak points in your case to place more liability on you while reducing the amount they owe you.
For instance, suppose the rideshare driver is more liable for the accident since they beat the red light when they collided with your car. However, you were slightly over the speed limit at the time. One can argue that the crash impact would be less destructive if you were within speed limits. As a result, you are 30 percent liable for the crash. That means the rideshare driver owes you only 70 percent of the total case value.
Furthermore, you can only recover damages if you share less than half the liability for the rideshare accident.
McKinney Rideshare Accident Lawyer Near Me (972) 535-6377
McKinney Rideshare Drivers Must Have Liability Coverage
As with other Texas transport network companies, McKinney rideshare services and their drivers must have liability insurance. Should the rideshare driver cause an accident out of ordinary negligence, the coverage will help shoulder the victim’s damages.
When forming the claim, your lawyer can help you gather proof that the driver is liable for the crash and your injuries resulted from it. They can also assist with appealing to the insurance company if you find their settlement offer unfair.
However, the driver must have two different liability coverages: their personal auto insurance and the one provided by the company.
Personal Auto Liability Requirements for Off-duty Drivers
The rideshare driver’s personal auto liability insurance will apply to accidents caused while they are not working. Texas’s transport network company or TNC laws consider drivers off-duty if they are not logged on the rideshare app.
When Does the Rideshare Company’s Liability Coverage Apply?
If the rideshare driver was on the app when the accident happened, the rideshare company’s liability insurance policy would cover them. Drivers are officially on-duty once logged on, regardless of whether they are on an arranged ride.
However, the coverage limits that apply also depend on whether the rideshare driver has passengers or not. The minimum mandatory coverage in Texas Insurance Code § 1954.052 will apply if they do not have rides yet. If they are engaged in a ride, the coverage must meet the requirements in Texas Insurance Code § 1954.053.
Other Rideshare Accident Settlement Options
You also have other ways to seek compensation besides filing an insurance claim. Depending on your situation, your rideshare accident lawyer can suggest them to you. For example, the rideshare driver’s coverage limits might be insufficient for your claim value.
Filing a Lawsuit
In a civil lawsuit, the court will determine whether you can recover damages or not. The settlement amount they can award has no bearing on the at-fault party’s liability coverage limits.
Your rideshare accident lawyer can represent you in court until the case gets a verdict.
It is also possible to settle your rideshare accident dispute privately. If you or the other side do not want to go to court just yet, you can try to have it mediated through arbitration first. Your lawyer can still help negotiate with the other party for favorable terms.
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Statute of Limitations for McKinney Rideshare Accident Cases
Your rideshare accident lawyer can also help you comply with your case’s filing requirements. A particularly sensitive one is your statute of limitations, which is your time limit for submitting the case.
You have two years per Texas Civil Practice and Remedies Code § 16.003, though this can change if you have tolling exceptions. For instance, if the rideshare accident victim is a child, the statute clock will not start until they are 18 years old.
Our Rideshare Lawyers Serving Collin County Are Ready to Help
Suffering after a rideshare car accident can be distressing and financially straining, but you can seek compensation from those at fault here in McKinney. The legal team at Underwood Law Office is open for consultation if you want to file for damages. Our McKinney rideshare accident lawyer can review your crash details to see whether you have a valid accident case.
For over 25 years, our lawyers have handled personal injury cases throughout Texas. Besides auto accidents, we work in other practice areas, including boating accidents, medical malpractice, and drug injuries. You can call us or message us for a free case review or inquire further about our services.