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After an accident, especially one involving an Uber or Lyft driver, do not trust anyone to have your back. Insurance companies, Uber/Lyft, and the drivers themselves are watching out for their interests and their bottom line. They do not have to represent your best interests or even tell you the truth about your options.
Instead, work with a lawyer who can represent you, file insurance claims for you, help you understand what your case is worth, and file the proper claims to maximize your damages. Getting compensation from various insurance companies, the Uber/Lyft driver, and even potentially from Uber/Lyft itself can be difficult, so work with a lawyer.
Call our Uber and Lyft accident lawyers at The Queenan Law Firm today at (817) 476-1797 for a free case evaluation.
Who is at Fault in an Uber/Lyft Accident Case?
For anyone to be at fault in a car accident, you have to show that they breached a legal duty. This often involves violating a traffic law or a more general duty to drive as a reasonably safe driver would.
Courts assign partial fault to anyone who violated a legal duty. They are then responsible for that percentage of the total damages.
The Other Driver
If you were in an Uber/Lyft when the crash happened, it is possible the other driver could be at fault. We can collect damages for their portion of fault from their insurance as part of an insurance claim or a lawsuit.
The Uber/Lyft Driver
Often, the rideshare driver also shares at least some of the blame. Tired driving, distracted driving, speeding, and running stop signs/red lights are common causes of accidents.
Rideshare drivers can be sued directly, but suing the rideshare company may be difficult.
Uber/Lyft
You can only sue Uber or Lyft in its capacity as the driver’s employer if all of these conditions are met:
- The driver was actually an employee, not an independent contractor.
- The driver’s negligence caused the accident.
- The accident happened within the scope of the driver’s job.
In many cases, this is impossible because Uber and Lyft both say their drivers are contractors, not employees. Even if that is the case, you may also sue Uber/Lyft directly for things like negligent hiring.
You
If you were a passenger, it is unlikely you could be held partially at fault for causing a crash. However, you may be partially responsible for your injuries if you did something to make them worse, e.g., you failed to wear a seat belt.
If you were driving another car, you can be held partially at fault for a crash, too. In these cases, you would be assigned a percentage of the blame and lose that percentage of damages. If your fault is over 50%, you cannot sue.
Can You Sue Uber or Lyft
As mentioned above, you can only sue Uber/Lyft in their role as an employer, which does not apply if the driver is a contractor. However, claims can be filed for Uber/Lyft’s own fault.
Is the Driver an Employee or a Contractor?
The classification of a driver as an employee or an independent contractor is based on a few factors, such as
- How much control the employer exerts over how the driver does their job
- How much control the employer has over the driver’s schedule and time/place of work
- How the driver is paid
- Whether the driver works under their own name or a company name (e.g., as an LLC).
Generally, Uber/Lyft argues that their drivers are contractors, so they are not responsible for their crashes. However, some courts have found drivers to be employees when Uber/Lyft controls their job too closely.
Is Uber/Lyft at Fault Directly?
These rideshare companies might also be held responsible directly for their own mistakes.
This comes up most often in assault cases, where the rideshare company negligently hired a driver they should have known was abusive or dangerous. It also happens, though less frequently, in cases where they hired a driver they should have known would be dangerous on the road because of past accidents, DUIs, vehicular assault, etc.
Claim Might Stop with Driver
Ultimately, your case might stop with the driver and make it impossible to sue Uber/Lyft. If this is the case, the driver should still be covered by insurance policies that help the individual driver cover the same damages that a large company like Uber/Lyft would have been able to pay.
What Insurance Covers an Uber/Lyft Accident?
There are multiple policies that might overlap in covering an Uber/Lyft accident, and it is vital to always have an Uber and Lyft accident attorney review your case to see how to best file your claims.
Your Insurance
If you were driving when a rideshare driver hit you, you may have first-party coverage under your own car insurance. You may also have UM/UIM to cover you if the other driver was uninsured or underinsured.
The Driver’s Insurance
The rideshare driver should also be equipped with a high-dollar insurance policy because of the risk of accidents when you drive for a living.
Because the driver was doing a job when the crash occurred, the policy typically needs to be a commercial or rideshare policy, or else the insurance company might try to deny coverage.
Uber/Lyft’s Insurance
As long as the driver maintains coverage, Uber/Lyft should have additional coverage to add on to the case.
They have one policy that supplements the driver’s coverage when they were working but had no rider yet. A higher policy covers when there was an actual rider in the car or the driver was picking up a rider.
FAQs for Uber/Lyft Accident Claims in Burleson
When Do You File Your Case?
You get 2 years from the date of the crash to file an injury lawsuit in Texas.
Can You File a Lawsuit?
In Texas, we use an at-fault or “tort” insurance system. This usually gives you the right to file a lawsuit, whether you filed through insurance first or not.
The important thing to remember is that you can only get to the end of the case once. If you settle, it blocks you from suing, so review your case with a lawyer before accepting money or signing anything.
Does Texas Use an At-Fault or No-Fault Insurance System?
In Texas, we use an at-fault system. However, some policies have additional coverages that work like a no-fault policy and provide coverage after a deductible payment, regardless of who was at fault. Always check your policy after a crash for policies like medical payment coverage or collision coverage.
Call Our Uber/Lyft Accident Lawyers in Burleson Today
Call (817) 476-1797 for a free case evaluation with the Uber/Lyft accident attorneys at The Queenan Law Firm.