All Plano motorists have a responsibility to drive safely and help keep other drivers, pedestrians, or passengers safe. That also extends to those who provide ridesharing services, such as Lyft drivers. However, auto collisions involving Lyft drivers’ vehicles can happen anytime. Victims could end up with severe injuries or even lose a loved one.
Recovering from such accidents can be costly, but the law lets you seek compensation from Lyft or the driver. Before anything else, consider consulting first with a Plano Lyft accident lawyer from Underwood Law Office. They study the laws relevant to your situation and can advise you on what to do next.
Compensation Options for Plano Lyft Accident Victims
Plano Lyft car crash victims generally have two ways to file for damages: by making an insurance claim or by filing a case in court. There is also the chance that the other party might want to settle the matter with you privately. This can happen if they do not want to deal with a potential lawsuit.
The Plano Lyft accident lawyer can advise you on what option works better based on your circumstances. They can also help collect and compile evidence to support the statements in your action.
For a free legal consultation with a lyft accidents lawyer serving Plano, call (972) 535-6377
Types of Damages in Plano Lyft Accident Settlements
Besides gathering proof, your Lyft accident lawyer can also assist with estimating your case or claim value or total damages. Your total damages come in two main categories:
These damages pay you back for the expenses resulting from the Plano Lyft accident, which generally include:
- Hospitalizations, treatments, medications, and other medical expenses
- Lost wages or business earnings
- Replacement services (for instance, housekeeping, driving, or childcare)
- Auto repairs (if you are not a Lyft passenger but another motorist instead)
To compute your economic damages more accurately, you can compile as many records of your relevant expenses as possible, such as medical receipts and auto shop invoices.
Sometimes called pain and suffering damages, these compensate for more abstract costs, such as trauma, chronic pain, and disabilities. As of now, Texas does not have any rules on how to calculate them. However, a commonly used method is multiplying your economic damages by a certain value—generally between 1.5 and 5.
You will likely get a higher multiplier if your injuries are more severe, as it would suggest you suffered more. Your Lyft accident lawyer can evaluate your medical condition to see how much you would likely receive.
Comparative Negligence’s Effect on Your Damages
Knowing your total damages does not automatically mean you can recover everything. Texas’s comparative fault laws will reduce your settlement if you share some liability for the Plano Lyft accident. The deducted amount depends on the fault percentage you have.
For instance, let us say you are 35 percent liable while the Lyft driver is 65 percent at fault. That means the Lyft driver must compensate you for only 65 percent of your total damages. However, the law bars you from recovery if your fault percentage is over 50.
Such rules make it vital for your Lyft accident lawyer to review the entire claim or case before filing. Any faults could get used against you to reduce the recoverable settlement and place more blame on you.
Plano Lyft Accident Lawyer Near Me (972) 535-6377
Plano Lyft Drivers Must Have Liability Insurance
As per Texas’s transport network company or TNC laws, Lyft drivers should carry liability insurance when operating in Collin and Denton counties. The coverage helps compensate victims for their injury and property damages when the Lyft driver is liable for an accident.
While the Lyft driver should maintain their personal auto liability coverage, Lyft provides liability insurance as well. The amount they provide is currently the same as Texas’s minimum requirements. However, the coverage that comes into play depends on the driver’s work status during the accident.
Your Lyft accident lawyer can represent you when filing your liability claim with Lyft or the driver’s auto insurer.
If the Driver Is Not Logged into Lyft
A Lyft driver not yet logged into the app is considered off-duty. You should file a claim with the company that provides the liability coverage for their personal auto insurance, as they will be responsible for paying the damages. These are the current minimum mandatory coverages:
- $30,000 for bodily injury or death per person
- $60,000 for bodily injury or death per incident
- $25,000 for property damage per incident
If the Logged Driver Has No Passenger Yet
The driver’s “on duty” status starts once they log onto the Lyft app, even if they do not have any prearranged rides yet. That also means Lyft’s insurance provider will start covering for them. Texas Insurance Code § 1954.052 states they must provide coverage of at least:
- $50,000 liability for injury or death per person
- $100,000 for injuries or deaths per incident
- $25,000 for property damages per incident
If the Lyft Driver Has a Passenger
Once the Lyft driver has an arranged ride, Lyft must now provide minimum coverage of $1,000,000 for both injury and property damages per accident. This complies with the requirements in Texas Insurance Code § 1954.053.
Click to contact our Plano Rideshare Accident Lawyers today
Filing a Plano Lyft Accident Case
Your Lyft accident lawyer may advise you to take a case to court instead under certain instances. For example, the Lyft driver’s personal auto liability coverage might be insufficient for covering your expenses.
With a Lyft accident lawsuit, the court can order the driver to pay the amount owed to you regardless of their insurance policy limits. However, civil cases usually take several court proceedings to reach verdicts, though the accident attorney can represent you throughout the litigation process.
Your Lyft accident lawyer can also help you comply with case filing requirements, such as your statute of limitations. For instance, they could check for tolling exceptions that could extend the two-year filing deadline provided in Texas Civil Practice and Remedies Code § 16.003.
Complete a Free Case Evaluation form now
Work with Our Rideshare Accident Lawyer
If you were recently in a Lyft accident here in Plano, you could call for a free consultation and connect with our Plano Lyft accident lawyer. We can review the incident details to see if you have a case on your hands.
The legal team at Underwood Law Office has served injury clients throughout Texas since 1997. Besides rideshare collisions, our practice areas include medical malpractice, nursing home abuse, and slip and fall accidents. Call us anytime for legal concerns and other inquiries about our services.
Call or text (972) 535-6377 or complete a Free Case Evaluation form