Rideshare services like Lyft, Uber, and Ola help make commutes more convenient here in Plano. However, that does not mean they are completely safe. Anyone who uses a rideshare service risks getting involved in a car crash.
Fortunately, laws are in place to help you pursue compensation if you have injuries or damage to your vehicle. A Plano rideshare accident lawyer from Underwood Law Office can help you further understand these statutes and how they apply to your situation. Let us also see how else we can assist with your case in Collin or Denton County.
Determining Liable Parties in the Plano Rideshare Accident
It is easy to assume that the Plano rideshare driver is always at fault for the crash. After all, they should be careful on the road to avoid endangering their passengers and others around them.
However, we must also consider the possibility that another party is to blame. For example, a regular motorist could have behaved recklessly and caused the rideshare driver to crash their car into yours.
In any case, the Plano rideshare accident lawyer can investigate the incident to determine the liable parties and help you gather evidence of their fault.
For a free legal consultation with a rideshare accidents lawyer serving Plano, call (972) 535-6377
Calculating Your Rideshare Accident Damages
The Plano rideshare accident attorney can also help estimate your case value or total damages. A successful settlement lets you recover economic and non-economic damages. These compensate for your actual expenses and the pain and suffering the rideshare accident caused.
Some examples include:
- Medical expenses
- Lost income
- Auto repairs
- Psychological trauma
- Chronic pain
- Loss of enjoyment of life
The accident attorney can also assist with compiling proof that you did suffer from such damages, such as medical records, doctors’ written reports, and testimonies from loved ones or coworkers.
Comparative Negligence Can Reduce Damages
Due to Texas’s comparative fault laws, the settlement amount can get reduced if you share some fault for the rideshare auto collision. Moreover, you cannot recover damages if you are more liable than the other party.
The deducted amount depends on your fault percentage. To illustrate, let us say that you are 40 percent liable for the rideshare car crash. Therefore, you will only be able to recover 60 percent of your total damages.
The other party will try to reduce their fault and pin more blame on you, so it would be wise to review your case with our Plano rideshare accident attorney. They can check if it can effectively support your side of the dispute.
Plano Rideshare Accident Lawyer Near Me (972) 535-6377
Insurance Requirements for Plano Rideshare Services
Texas’s insurance laws require rideshare drivers, including those in Plano, to have liability insurance. However, the policy that kicks in depends on the driver’s work status while driving.
The Plano rideshare accident attorney can help file your claim with the liability insurance provider. If you are unsatisfied with the offer, they can help you negotiate with the claims adjuster.
The Driver Is Logged off the Rideshare App
Plano rideshare drivers must first be logged on the rideshare app to be considered on duty. If the accident happens while they are offline, the rideshare company’s insurance policy will not cover them. Instead, the driver’s personal auto liability insurance will pay for the damages.
The Driver Has No Prearranged Rides
The rideshare company’s liability insurance provider will cover the driver once the driver is logged on to the app. The policy will take effect even if there are no passengers on board. However, the coverage’s extent will be lower if the driver does not have any rides yet. According to Texas Insurance Code § 1954.052, the rideshare company’s policy should provide, at the very least, the following coverage during this stage:
- $50,000 for injuries or deaths per victim
- $100,000 for injuries or deaths per accident
- $25,000 for property damages per accident
The Driver Is Engaged in a Ride
The liability insurance requirement increases drastically when the rideshare driver has a passenger on board. Texas Insurance Code § 1954.053 states that the rideshare company must now have at least $1,000,000 liability coverage to cover injury, death, and property damages.
Can You File a Rideshare Accident Lawsuit?
You could file an accident lawsuit if the insurance claim does not work out. For instance, the Plano rideshare accident attorney may suggest this option if the rideshare driver was excessively negligent—such as drinking while driving. However, insurance companies generally do not cover gross negligence and intentional actions, so you must file a suit to seek compensation. It may also be that you cannot agree with the insurance offer at all.
After reviewing the case, the civil court will determine whether to award damages or not. In a lawsuit, the insurance claims adjuster cannot determine the amount owed to you, so the settlement may exceed the insurance policy limits. That means the rideshare company or driver may have to pay out of pocket.
The Plano rideshare accident attorney can assist with the court’s filing processes and represent you during proceedings. In addition, if the other party proposes to settle through arbitration, the attorney can also speak on your behalf and advise you.
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Complying with Time Limits
According to the statute of limitations in Texas Civil Practice and Remedies Code § 16.003, you generally have up to two years from the accident date to file actions against the rideshare company or driver.
It is best to start working on the case while you still have plenty of time. It will get automatically dismissed if submitted late, barring you from recovering damages.
Your lawyer can monitor your progress to see if you are on schedule and assist with unfinished tasks.
Discuss Your Options with Our Plano Rideshare Accident Attorney
If you were recently in a rideshare collision here in Plano, the team at Underwood Law Office is here for you. We can review the incident details to see if you are dealing with a valid case. Our legal team can also guide you in the steps of filing for damages. Our firm has served Texans since 1997 and can use our decades of injury law experience to work with you through your legal disputes.
If you want to get started, you could consult with our Plano rideshare accident lawyer first. We are available by phone or through our website.