Who is Liable in a Rideshare Accident: The Driver or the Rideshare Company?

What Does the Legal Landscape of Rideshare Accidents Look Like?

You may not know who to seek compensation from if you get injured in a rideshare accident. Rideshare liability rules can be complex if you don’t understand how the legal system works. Fortunately, you can enhance your chances of obtaining compensation by working closely with a skilled Texas personal injury attorney.

Rideshare accidents are a matter of vicarious liability, meaning employers can be held liable for their employees’ actions under the respondeat superior. Nonetheless, most rideshare companies claim that drivers are independent contractors, a factor that can add to the complexity of these claims. Before delving into liability, here’s an overview of rideshare insurance rules:

How Rideshare Insurance Works

A car accident lawyer in Texas explains that rideshare insurance policies differ depending on the driver’s status at the time of the accident:

• Offline or personal driving mode: If a driver crashes while not logged into a ridesharing company app, Uber and Lyft provide no insurance coverage. In such a case, liability falls on the driver, and their auto insurance policy kicks in.
• Waiting for a request (period 1): If a driver is connected to the app but hasn’t accepted a trip and gets into an accident, ridesharing companies can provide bodily injury liability of up to $50,000 per person and up to $100,000 per incident. They can also cover up to $25,000 in property damage.
• On the way to pick up a passenger or during a trip (periods 2 and 3): Rideshare companies should provide comprehensive liability coverage of up to $1 million, uninsured or underinsured motorist coverage, and collision and comprehensive coverage, depending on whether the driver has a personal coverage with a $2,500 deductible.

Who is Liable in a Rideshare Accident?

Several parties could be found directly or indirectly liable for a rideshare accident. Identifying the liable parties is crucial for your claim, yet it is complex. Nonetheless, an experienced car accident attorney in Texas can put in the work to help you determine who may be responsible for the crash. Potential parties include:

• The rideshare driver: A driver’s negligence, such as reckless driving or driving under the influence of alcohol, could influence their liability for your damages.
• The rideshare company: A rideshare company could be liable if it acts as an employer to the driver who caused the crash. It may also be liable if it fails to properly screen the driver before bringing them on board or maintain safety measures.
• Other motorists: Another driver could have contributed to the accident due to negligence. They can be held responsible for your injuries, and your lawyer can help you file a claim against them.
• ·Third parties: The accident could have occurred due to faulty car parts, such as defective brakes. In this case, the manufacturer of the car or parts could be responsible for your injuries under third-party liability. Service providers may also have failed to provide proper maintenance, making them liable for the accident.
• Government entities: A rideshare accident can occur due to poor infrastructure, such as road potholes, a lack of road signs, or improperly functioning traffic lights. In that case, you can sue the relevant government body for damages. However, there are strict requirements you must follow.

Identifying the parties responsible for your injuries can complicate the process, but working with a Texas car accident lawyer can boost the chances of a favorable outcome.

What Are the Legal Challenges in Rideshare Accidents?

Working with a knowledgeable personal injury lawyer in Texas when pursuing a rideshare compensation claim is crucial. They can help you handle the various legal challenges that may arise:

• Complexities in insurance regulations and interactions: Determining the insurance policy that applies to your case can be challenging. Depending on the case specifics, the driver’s personal insurance, the rideshare company’s policy, or a third party’s insurance can all come into play.
• Contractual issues: Rideshare drivers are not considered employees but independent contractors. How Uber and Lyft assign the status significantly affects the assignment of liability, which can further complicate rideshare liability claims.
• Investigations: Investigating the accident is the first step in determining liability in a rideshare accident. A poorly documented accident scene, a lack of police reports, and missing witness statements can make it challenging to create a solid case.
• Variability in regulations: The regulations governing rideshare services can vary by jurisdiction, impacting how liability applies in your case. Besides, the involvement of multiple insurance companies can undermine the process as each tries to shift the blame.

What Should I Do After a Rideshare Accident?

The steps you take after a rideshare accident are crucial in making a rideshare claim successful. A Texas car accident attorney recommends doing the following:

• Report the accident by notifying the rideshare company immediately through their app. This step is crucial for activating the relevant insurance coverage.
• Capture the accident scene by taking photos, recording videos, and collecting witnesses’ contact details.
• Seek medical attention to determine the type and extent of your injuries.
• Consult a skilled personal injury lawyer in Texas for legal assistance.

An Experienced Personal Injury Lawyer Guiding You on How to Navigate Rideshare Accident Claims

The legal landscape for rideshare accidents is complex and multifaceted. As rideshare companies continue to infiltrate the transportation industry, the regulations are evolving, challenging lawmakers and courts to refine them. Understanding these legal frameworks is crucial when pursuing a compensation claim.

A Texas car accident attorney from the Jarrett Law Firm, PLLC, can help you weigh your options and navigate the nuances. We are here to help you fight your legal battles to improve the likelihood of an outcome that favors you. Call us at 832-831-0833 to schedule a FREE consultation.