Uber Accident Lawyer in Rockwall, TX

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If you have been involved in an Uber accident, you may be confused about what comes next. After all, nothing about the claim process is straightforward. That is why it is important to consult an Uber accident lawyer in Rockwall, TX as early as possible in the claim process to make sure you take the right steps to recover your losses. 

Smith & Lee can help you navigate the complexities of Uber accidents. A Rockwall car accident lawyer will guide you through each step of the process and take over the logistics of your case so you can rest easy that your claim will be resolved properly. We have extensive experience and will get you maximum compensation. 

Common Injuries That Can Occur in Local Uber Accidents

Uber accidents can cause numerous and even fatal injuries depending on the severity of the accident. These accidents are often caused by negligent or reckless actions that could be prevented. These actions also influence the speed and direction of impact in a collision, which can affect the type of injuries victims sustain. Some common injuries sustained in an Uber accident may include the following:

 

  • Whiplash
  • Lacerations, broken bones, and sprains/strains
  • Traumatic brain injuries
  • Neck, spine, and back injuries
  • Organ damage and internal bleeding
  • Catastrophic injuries
  • Wrongful death

See a Doctor ASAP After an Uber Wreck

After an Uber accident, you need to see a doctor as soon as possible. While it may not seem necessary if your injuries are minor or you do not feel pain, medical attention is actually essential.

Most injuries do not show up right away, and some injuries are not discovered without the aid of medical tests and doctors. Additionally, when they are reviewing your claim, insurance companies will look very closely at whether or not you saw a doctor in a timely manner. 

Areas in Rockwall County Where Uber Accidents May Occur

Rockwall is about 30 minutes outside of Dallas. As such, it is located near several major interstates and thoroughfares. These routes are often congested, and drivers are more likely to speed, which increases the risk of accidents. Some common areas where accidents occur include I-30, I-35 E, I-45, and I-635. These areas pose many dangers and can result in severe harm in the event of a crash. Intersections are also another common place where accidents can occur.

Risk of Uber Accidents at Night and After Major Events

Additionally, Uber drivers are often busiest at night or when there are local events. Places such as bars, airports, and event venues are popular pick-up and drop-off locations since individuals may opt not to drive after drinking, or may be in town for an event or another purpose. However, these areas are often congested with vehicles and foot traffic and may be difficult to navigate. As such, accidents are more likely to occur, especially if an Uber driver is driving after dark. 

Different Uber Accident Scenarios Impact Claims and Recovery Options

Part of what makes Uber accidents more complicated is a combination of how Uber drivers are classified, the driver’s status at the time of the accident, and who actually caused the accident. These accidents must be carefully investigated to determine who is at fault, because that can make a difference in what recovery options are available and how to proceed with your claim. Below is a closer look at the three main types of Uber accident scenarios.

Car Wreck Caused by an Uber Driver

If you were hit by an Uber driver, then their status at the time of the collision will make a difference in who you file a claim with to recover your losses. Uber drivers are classified as independent contractors, so your claim could be filed against them directly, or it could be filed against Uber’s liability coverage in certain situations. Regardless of who your claim is against, though, the accident should still be reported to Uber. 

Injuries to an Uber Passenger During an Accident

If you were a passenger in an Uber at the time of a collision, you have the right to file a claim for the losses you suffered. If you were actively en route to your destination when the accident occurred, you can report the event to Uber and file a claim through the rideshare company. If the accident was caused by another driver, then you may be able to file your claim against their insurance. It is recommended to consult a lawyer to understand with whom to file your claim.

Uber Crashes Caused by Other Drivers

If you are an Uber driver who has been hit by another vehicle, you can file a claim with the other driver’s insurance company. The other driver is liable for any damage they cause because of their negligence, so you can hold them accountable for causing the accident. There may also be times when your losses are covered by Uber’s insurance coverage. 

How an Uber Driver’s Status Can Influence the Claim Process

An Uber driver’s status at the time of an accident plays an integral role in determining how victims can proceed after an accident. The reason for this is that it dictates whose insurance covers the cost of injuries, vehicle damage, and other losses. It is important to find out this information in the event of an accident to help streamline the claim process. The driver statuses you should be aware of include:

  • Offline: When an Uber driver is not logged into the app or actively taking rides, they can be held personally liable if they cause an accident. Their insurance, which must meet the state’s mandatory minimum liability coverage amounts, must pay out compensation for damages the Uber driver caused. 
  • Online and Waiting: If a driver is logged in to the app and waiting to accept a ride when an accident occurs, then Uber’s third-party insurance can help offset the cost of losses and pay for damages. In this situation, they will cover up to $50,000/person and $100,000/accident for injuries, and up to $25,000 for property damage. 
  • En route or on a Trip: When an Uber driver is on their way to pick up a passenger, or is giving a passenger a ride to their destination at the time of an accident, then Uber provides up to $1 million in coverage for injuries and property damage costs. 

When you report the accident to law enforcement, Uber, and/or the insurance company, they will investigate the accident to determine each party’s actions and the driver’s status, so there is documentation and clarity on who is liable for the accident. 

What to Expect From the Uber Accident Claim Process

After an Uber accident, you should seek medical attention, file a police report, and begin collecting evidence such as photos, medical records and bills, witness statements, and lost income. Besides ensuring your safety, this ensures that you have the documentation you need when submitting your claim for compensation. You will need to report the accident to Uber, notify your insurance company about the accident, and submit a claim with the insurance company as applicable. 

Hiring an Uber Accident Lawyer

However, before starting your claim, you should hire an Uber accident attorney in Rockwall, TX. They can advocate for you while you focus on healing and optimize your case for maximum results. They are also familiar with the tactics that Uber and insurance companies may use to get out of paying you a fair settlement and insist on better treatment on your behalf. At the start of a case, they can submit a detailed demand letter and then negotiate until an agreement is reached.

Negotiating a Settlement or Going to Trial

While many Uber accident cases are settled, there may be times when additional action is necessary. At this point, your lawyer may represent you in court or through a form of alternative dispute resolution to make sure that the case is settled fairly and in your favor. Every case is different, so your lawyer will discuss your options with you both at the outset when you file a claim and throughout the process as the case evolves. They will also develop a customized strategy based on your set of circumstances. 

Establishing Who Is at Fault in an Uber Accident

Uber vehicles are no different than any other vehicle during a collision, but they can be quite a bit different when it comes to the claim process.  Knowing whom to file a claim against is often murky and complicated. That is why a lawyer should take the lead. 

During the claim process, you will be called upon to provide evidence that the other party was negligent and was the cause of your losses. This is where the evidence you collected after the accident becomes crucial. Because negligence and accidents are so closely connected, establishing this aspect as the cause of your accident is a legal requirement in these cases. This requires that four elements be demonstrated before your case can move forward:

  • Duty of Care: The other party was supposed to act with care and caution so that their actions caused no harm. 
  • Breach of Duty: Instead of making sure they acted safely, the other party acted in a manner that was contrary to their duty. 
  • Causation: Because of their actions, the other party caused a preventable accident that threatened your safety and resulted in losses. 
  • Damages: The at-fault party must provide compensation to pay for your losses.  

How Partial Fault in an Uber Accident Case Affects Comensation

In addition to demonstrating another party’s negligence, if an investigation shows that you were partially at fault, then your role in the crash will also be established. This can reduce your compensation per Texas Civil Practice and Remedies Code § 33. This law states that individuals who contribute less than 50% to an accident will have their settlement reduced in proportion to their amount of fault.

So if you were 10% at fault, you would recover 90%  of your losses. Parties over 50% will not be able to recover at all.  

Damages in an Uber Accident Claim

An Uber accident can cost you financially and emotionally. These losses can deeply affect your life and make it difficult to recover. By filing a claim, you are exercising your right to pursue compensation for the losses you wrongfully suffered, so you have the resources you need and do not have to pay for it yourself. You can generally recover both your monetary and intangible losses for comprehensive compensation.

Some of the losses you may recover depend on your situation and may  include: 

  • Cost of medical care
  • Cost to repair vehicle damage or replace personal belongings
  • Lost wages for time spent out of work
  • Funeral and burial expenses in the event of a fatality
  • Loss of enjoyment and quality of life
  • Pain and suffering
  • Emotional anguish
  • Anxiety, depression, and PTSD
  • Loss of companionship

The losses included in your settlement will be specific to your situation and the extent to which you have suffered. Your lawyer will take all of this and more into account as they calculate the value of your case and negotiate with opposing parties about your settlement.

There Is a Two-Year Time Limit to File an Uber Accident Lawsuit

The time to recover compensation after an Uber accident is very limited. You only have two years from the time of an accident to take legal action and resolve your case, according to Texas Civil Practice and Remedies Code § 16.003.

By consulting a lawyer, you can maximize the time you have available to navigate the various situations that may arise during the claim process so you can receive a fair settlement before the statute of limitations expires. 

Contact Our Rockwall Uber Accident Attorneys

Smith & Lee are ready to help you regardless of your situation after an Uber accident. We help you hold the at-fault party accountable for their negligence and demand that they pay for the losses you sustained because of them. When you work with our team, you receive straightforward and supportive help with your case so you can get back on your feet as quickly as possible. For a free consultation with experienced Uber accident lawyers, contact our Rockwall, TX law firm today. You can also reach us by phone at (972) 771-2579.