Fort Worth Uber/Lyft Accident Lawyer
All entities whose sole business is to transport people or goods from one place to another for a fee are common carriers in Fort Worth. In Fort Worth, some of the most common carriers are DART buses. There are also numerous airport shuttles, Greyhound, Uber, Lyft, yellow cab taxi, and Via. In Fort Worth, the most popular forms of rideshare programs or common carriers are Uber and Lyft. The City of Arlington also offers an intercity shuttle called Via for a monthly flat rate that is pretty popular.
If you or a loved one were injured in a motor vehicle collision involving a common carrier or rideshare driver, let a knowledgeable car accident attorney help your case. A Fort Worth Uber/Lyft accident lawyer could investigate the crash and determine which party is at fault for damages.
What is the Difference Between a Common Carrier Car Accident and Other Automobile Collisions?
A car accident with a taxi or Uber driver differs from other motor vehicle crashes because the average driver uses their own personal transportation. Uber and Lyft drivers are considered contractors rather than employees, but that does not absolve the company itself from liability.
In Texas, common carriers are held to a higher degree of care than the average driver. What that means is common carriers have a duty to be more cautious, competent, and prudent under the same or similar circumstances as an ordinary driver. Under a higher degree of care, a common carrier might be found negligent, whereas a personal motor vehicle driver might not be for the very same conduct while driving. A knowledgeable Fort Worth attorney could further explain the difference between common carriers and standard vehicles as it relates to Uber/Lyft accidents.
Steps to Take Following an Accident
Following an accident with a hired Uber or Lyft driver, a person should screenshot the driver information prior to entering the vehicle. If it is requested through an app and then always take a photo of the driver’s information posted inside the car upon entering the vehicle. They should check themselves for injuries, check on the wellbeing of other passengers, get to safety, call 911, wait for help, exchange information, and document the accident. Afterward, they should reach out to a Fort Worth attorney who can help them get started on their rideshare accident case process.
Who is Responsible for Paying Damages in Fort Worth Uber/Lyft Crashes?
Drivers can go about recovering damages caused by a rideshare driver by filing a claim or hiring an Uber/Lyft crash attorney in Fort Worth to pursue those damages. In accidents involving common carriers, usually the driver of the vehicle assumes responsibility, but often there are times when the driver’s insurance policy may not adequately compensate the injured party. Uber performs a background check on its drivers as well as motor vehicle screenings and driver education prior to contracting the driver. In some cases, Uber can be held responsible if they knew or should have known the driver was incompetent or posed a danger to their passengers.
Uber has a $1 million policy that covers the driver for damages for one’s injuries. If the Uber driver is available to accept requests from a business at the time of the accident, then Uber’s $1 million policy would cover it. But if the Uber driver is marked unavailable during the time of the accident, the driver’s personal policy covers them.
It is not excluded from that policy, so it gets complicated. The Uber policy only applies when there are passengers in the vehicle even if the driver is marked available for a ride. Uber also carries a million-dollar uninsured motorist policy, so if the at-fault party is uninsured, Uber’s policy will kick in.
Punitive Damages
Punitive damages that may be involved in an Uber accident are malice, suppression, or fraud. If any of these acts have occurred, punitive damages may be recovered. Punitive damages are also called exemplary damages, which are awarded to make an example out of a defendant’s conduct to dissuade them from similar accidents in the future.
Seek Help from a Fort Worth Uber/Lyft Accident Attorney Today
A person should hire a local attorney when dealing with a car accident involving an Uber driver or another common carrier because the policies can get complicated based on liability. It can be challenging determining whose insurance policy will cover it during availability and non-availability, and whether or not there are passengers in the vehicle.
They need a legal expert to determine this stuff. When they retain an attorney, they will deal with the insurance company on their behalf to make sure they receive the compensation to which they are entitled. Following a crash, it is always best to hire a local attorney. Call today to discuss your case with a Fort Worth Uber/Lyft accident lawyer.