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    Uber, Lyft and Rideshare Accident Lawyer In Texas

    Key Highlights:

    • Your Texas rideshare accident lawyer will promptly inform you that rideshare insurance coverage Texas is deemed to have periods of maturity from personal insurance to company insurance, up to $1 million.
    • No immediate statement is required: Though the adjuster asks for an instant recorded statement, you have the right to refuse it without being aware of the effect on your case.
    • The evidence gets lost quickly: The evidence, such as the information in the app, GPS, or the dashcam recording, may be deleted and, thus, should be collected immediately.
    • You have two years to file a lawsuit in Texas: As per the Civil Practice and Remedies Code § 16.003, not meeting the statute of limitations makes your case automatically dismissed.
    • The liability exists in more than one person: It may include the driver, the rideshare company, other driver, or the maintenance company.

    Why Texas Rideshare Accidents are Unique

    Who would have thought they were going to experience a Texas rideshare accident? One second you were just having a perfectly average Texas day. The next you realize you might be handling yourself with injuries, medical bills, time away from work, and even a call from the insurance company for a statement from you. Here is where a Texas rideshare accident lawyer can be of legal service to you.

    Texas rideshare accidents are unique in how they differ from ordinary automobile accidents. Insurance coverage and liability may vary depending on whether or not the app was on at the time of the accident, whether or not a ride had been accepted, and whether or not there was a passenger in the vehicle at the time of the accident.

    Ridesharing companies like Uber and Lyft fall into the category of TNC (Transportation Network Companies) in Texas and are governed by certain Texas transportation network company law statutes regarding the amount of insurance that covers your injuries.

    This is where OHellNo! comes into play. We do not use any fancy slogans. We listen, we identify dangers in your case, we gather evidence, and we ensure you understand your rights.

    Talk with our team at 903-287-2787 about your Texas truck accident case today.

    Why You Need OHellNo! After A Ride-Share Accident In Texas

    It is the imbalance of the available information that makes the involvement of an experienced Texas rideshare accident lawyer, whether working as an Uber accident lawyer Texas or a Lyft accident attorney Texas, so important at the very initial stage of the process. 

    “OHellNo” does not mean you will be turning each discussion into a conflict. It just means you realize that the insurance adjuster has started asking for a decision without having all the information yet.

    Reasons Behind Rideshare Accidents In Texas

    The reason behind most rideshare accidents in Texas does not just involve one source of distraction; it involves overall distractions caused by the rideshare app, the urgency of time, and the use of a personal car which has not been designed for commercial purposes.

    Distractions Created by The App

    To ensure that the task of transporting a passenger is completed, the driver is required to check out various information on his or her cell phone while driving, like ride requests, navigational messages, messages sent by the client, and even fare calculations. 

    According to Section 545.4251 of the Texas Transportation Code, it is an offense to send, receive, or write any text using your electronic device while operating a vehicle in Texas.

    Unsecured Stopping And Picking-Up Clients

    If a rideshare driver wants to pick up his client from a non-designated location, there is a possibility that he stops in the traffic lane without first looking around for any other vehicles or pedestrians.

    Driver Fatigue Due to Overlapping or Longer Shifting Time

    The only cause for which drivers are considered to be independent contractors is that it is impossible to set limits on how many hours could be worked across various platforms in one day. 

    Driver fatigue impacts the reactions and judgment similarly to that of any other driver.

    Failing to Yield and Improper Lane Changes

    Use of turn-by-turn navigation systems makes it possible to do improper lane changes and fail to yield and stop on a yellow light when trying to reach the destination in time.

    Maintenance Problems

    A rideshare car is a private vehicle operating commercially at all times. Issues such as brake problems, tire issues, and other maintenance problems are often neglected compared to fleet vehicles.

    Common Injuries in Uber, Lyft, and Rideshare Car Accidents in Texas

    Depending on age, position, and medical history, it is possible that the same accident would affect two people differently. Some injuries become evident at once while others take hours or even days to show up after the accident due to the loss of adrenaline influence.

    TBI and Concussion

    Brain injury from an accident with Uber, Lyft, or any other ridesharing service can range from a simple concussion to severe diffuse axonal brain injury, causing cognitive impairments for the person. The initial symptoms of such brain injuries are frequently mistaken for stress or fatigue.

    Injury to Neck, Back and Spine

    Diseases such as herniated disc, whiplash, and spine injuries are frequent in those who were seated both in the front seats and in the back seats. A serious spinal injury can result in lifelong paralysis of a person.

    Bone Fractures

    Fractures of bones of the arms, legs, ribs, and pelvis are common in side collision and rollover accidents involving the cars of ridesharing companies.

    Internal Injury and Bleeding

    Internal organs such as the spleen, liver, kidneys, or lungs can be injured during the blunt force trauma to the chest or abdominal areas.

    Psychological Effects and PTSD

    Passengers and drivers may face the issue of anxiety and PTSD in case an accident was caused by the car being driven by someone else.

    What Should You Do in the Event of a Rideshare Accident in Texas?

    It is important to move fast in case of accidents because of the records and video evidence of a rideshare app that can be deleted soon after an accident. Knowing what to do after a rideshare accident in Texas can protect both your health and your claim.

    Get Immediate Medical Help 

    Even though you may have only had a slight injury, it is still important for you to be checked as soon as possible. Adrenaline makes you unaware of the injury, and the medical record will protect you from any arguments from the insurance company about having been injured because of something else.

    Keep Ride and App Information 

    Make sure to take photos of your trip receipt and driver details because this information will give you a cover of the accident period.

    Do Not Make a Recorded Statement or General Medical Release 

    It will be required by the insurance company of the rideshare company soon after an accident. You do not have to do that until you consult a lawyer.

    Take Pictures of The Accident Scene, Witnesses, and The Vehicles 

    Pictures of the accident should include both vehicles and any damages on the road. Contact details of the witnesses should also be taken into consideration since witness testimony will not be recalled at a later date.

    Texas Statute of Limitations 

    Generally, Texas law says that a personal injury claim should be filed within two years after an accident, which answers how long do I have to file a rideshare accident claim in Texas, per Texas Civil Practice and Remedies Code § 16.003. Failure to do so will make your claim impossible to file in the future.

    Electronic Evidence That Can be Used in Proving a Case of Rideshare Accident Lawsuit in Texas

    Evidence acquired through an objective process of using electronic evidence might be more valuable than the evidence obtained through the subjective process of people’s memory, and there are five different types of electronic evidence that can be acquired in a very short span of time.

    Trip and App Status Logs

    These logs indicate whether the driver was offline, searching for matches, approaching to pick up the passenger, or was transporting the passenger, which can provide the information required for determining what insurance coverage would be applicable under these circumstances.

    GPS and telematics information

    This will include information regarding speed, path, and braking pattern of the trip that either will be recorded from the driver’s mobile phone or from the car and help prove or disprove the driver’s account of the event.

    Background check and driver logs

    Background check results, complaints, and driver deactivations help in proving if the rideshare company was aware of any risks associated with this driver.

    Inside car and surveillance videos

    Videos recorded by the dash cam or other forms of surveillance help in documenting the last few minutes before the accident occurs, and therefore, these videos need to be acquired before the deletion cycle begins.

    Insurance declarations and coverage information

    Insurance company records showing type of insurance coverage at the time of the accident.

    Who Can Be Held Liable For an Accident in a Rideshare in Texas?

    Rideshare service providers such as Uber and Lyft drivers in Texas are categorized as independent contractors, thereby restricting yet not excluding the responsibility of the entity behind the application. 

    Understanding who is liable in an Uber or Lyft accident in Texas often requires looking at more than one party.

    The Rideshare Driver

    The driver is liable for distracted, drowsy, or reckless driving in the same way that any ordinary Texas motorist is liable under the negligence laws of the state.

    The Transportation Network Company

    Texas Occupations Code Chapter 2402 regulates Uber and Lyft as transportation network companies in Texas. Even though the independent-contractor relationship restricts liability claims against negligence in the screening or deactivation of a dangerous driver could lead to the liability of the company, a matter a TNC accident lawyer Texas would investigate closely.

    Another Negligent Motorist

    The rideshare car could also have been involved in a collision with another at-fault motorist, and hence the liability insurance of the other motorist would be considered the source of recovery.

    Vehicle Owners And Maintenance Providers

    If the accident was caused by a mechanical issue or negligent repair, then the shop or entity responsible for the maintenance of the car would be liable as well.

    Insurance Company Tactics to Recognize in Ridesharing Accident

    In the state of Texas, the time during which insurance covers rideshare services is governed by Chapter 1954 of the Texas Insurance Code, and most of the insurance companies are uncertain about what time of the coverage period is applicable to your case. 

    Coverage Period

    When It Applies

    Minimum Coverage Required

    App Off Driver not signed in to the app Personal auto coverage only, Texas minimum limits
    App On, No Ride Matched The driver signed in to the app, but no match made $50,000 per person / $100,000 per accident / $25,000 property damage
    Ride Matched or Passenger in Car Driver driving toward meeting passenger or carrying passenger $1,000,000 combined coverage limit

    Above are the Uber Lyft insurance coverage periods, or Texas rideshare insurance coverage periods explained, since this determines what insurance covers an Uber accident in Texas.

    Which coverage pertains to the case

    There could be attempts to state that the app had been switched off or that the individual was not working at all in order to classify the claim in the category of minimum coverage. 

    This documentation could either prove or refute the claim depending on the situation, which also relates to is my Uber driver covered if the app was off.

    Bouncing you around between insurers

    The process of being transferred from one type of insurance policy to another is very common since both parties would try to avoid responsibility.

    Regarding the issue of the app status and not the injuries

    The claims adjuster can concentrate solely on the technical aspects of the app status and ignore the injuries completely.

    Time taken to confirm the trip

    Some time will be required to confirm the trip, during which your cost for treatment will keep increasing without having any insurance cover. 

    Early offer

    In almost all cases, the early offer comes before evaluating the severity of the injury by your doctor.

    Compensation for Rideshare Accidents Under Texas Law

    While no compensation can make up for an injury, Texas state law permits rideshare accident compensation Texas not only for monetary losses but also for the human costs of the accident. 

    Type of Damage

    What It Covers

    Proof of Value

    Medical Expenses Emergency services, surgery, physical therapy, prescriptions, future medical expenses Medical bills, doctor’s notes, expert witnesses
    Loss of Wages Wage loss, diminished ability to earn money, lost opportunity for promotion Pay slips, tax returns, vocational assessment
    Pain and Suffering Pain, emotional trauma, and lost activities Doctor’s notes, diary entries, witness testimonies
    Property and Other Expenses Automobile damage, rental expenses Repair quotes, invoices, appraisals

    Texas state law has a modified comparative negligence law, meaning that a plaintiff found to be more than 50 percent at fault does not have any claims for damages.

    JLW Law Group’s 5-Step Approach in Building a Texas Rideshare Accident Case

    The attorneys of JLW Law Group represent people who have been involved in rideshare accidents in Athens, Dallas, and Kaufman for no out-of-pocket fees through the contingency fee structure.

    1. We Begin with Your Side of the Story: First, we will obtain information about your accident and how it impacted your physical and emotional well-being and finances.
    2. We Seize the Electronic Evidence: Second, we act quickly to preserve the electronic evidence from your ride, including GPS data and video recordings, before they are deleted as a matter of routine. 
    3. We Monitor Your Recovery Process: We monitor your treatment and prognosis to be sure that your case is evaluated only when the severity of your injury becomes clear.
    4. Our Team Discovers the Low-Ball Numbers: Prior to your having to make any decisions, we analyze your compensation offer in light of your true expenses for your medical treatment, lost wages, and pain.
    5. We Help You Make The Best Choice For You: You will know all about your options, evidence, and our recommendations, which are best suited for your specific circumstances.

    Call OHellNo! for Quick Settlements | The Help You Deserve is on its Way!

    While a rideshare car crash can completely disrupt your life, there is no reason to struggle with the insurance maze alone. 

    With Jeff Weinstein Lawyer and the JLW Law Group, we give you quality legal guidance in Athens, Dallas, and Kaufman without any nonsense tactics, backed by an app-based accident lawyer Texas team that knows these claims well.

    To talk to our experienced team at JLW Law Group, call us at 903-287-2787 or fill out our online form for a free initial consultation. 

    Common Questions Concerning Texas Rideshare Accident Lawyer!

    Which insurance applies if I was hit by a rideshare driver? 

    It depends on the driver’s app status at the time of the collision. Records of trips and GPS information are used to decide whether the individual insurance policy will cover the case or whether the contingent or primary insurance policy of the company is valid.

    What if I was a passenger inside the Uber or Lyft? 

    People hurt in a prearranged ride are usually insured by the $1,000,000 minimum policy required by the Texas Insurance Code, Chapter 1954, regardless of whether the other driver caused an accident, a common concern for any rideshare accident injury lawyer.

    How long do I have to file a claim in Texas? 

    The statute of limitations is usually two years according to the Civil Practice and Remedies Code, Sec. 16.003. This is specifically related to the law in the state of Texas.

    What if the rideshare company says my driver wasn’t logged in? 

    Not necessarily. The app records, GPS information, and dispatch logs may prove or disprove what the company says, and our lawyers investigate it independently before accepting their words.

    Will my case go to court after a rideshare accident? 

    Our lawyers believe that most rideshare accident claim Texas cases can be settled after the liability and amount of damage are established, but we are ready to go to court if necessary.

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    STRAIGHT ANSWERS

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    Real questions our clients call in with. Real answers, given the way we’d want them given.

    Three boxes have to check. Someone else’s negligence caused the wreck. You have real damages medical bills, lost wages, pain that persists. And there’s enough insurance on the at-fault driver (or stacked policies) to make pursuing the case worthwhile. We do this check in the first phone call, free. If you don’t have a case, we’ll tell you straight.

    Three boxes have to check. Someone else’s negligence caused the wreck. You have real damages medical bills, lost wages, pain that persists. And there’s enough insurance on the at-fault driver (or stacked policies) to make pursuing the case worthwhile. We do this check in the first phone call, free. If you don’t have a case, we’ll tell you straight.

    Three boxes have to check. Someone else’s negligence caused the wreck. You have real damages medical bills, lost wages, pain that persists. And there’s enough insurance on the at-fault driver (or stacked policies) to make pursuing the case worthwhile. We do this check in the first phone call, free. If you don’t have a case, we’ll tell you straight.

    Three boxes have to check. Someone else’s negligence caused the wreck. You have real damages medical bills, lost wages, pain that persists. And there’s enough insurance on the at-fault driver (or stacked policies) to make pursuing the case worthwhile. We do this check in the first phone call, free. If you don’t have a case, we’ll tell you straight.

    Three boxes have to check. Someone else’s negligence caused the wreck. You have real damages medical bills, lost wages, pain that persists. And there’s enough insurance on the at-fault driver (or stacked policies) to make pursuing the case worthwhile. We do this check in the first phone call, free. If you don’t have a case, we’ll tell you straight.

    Three boxes have to check. Someone else’s negligence caused the wreck. You have real damages medical bills, lost wages, pain that persists. And there’s enough insurance on the at-fault driver (or stacked policies) to make pursuing the case worthwhile. We do this check in the first phone call, free. If you don’t have a case, we’ll tell you straight.

    Three boxes have to check. Someone else’s negligence caused the wreck. You have real damages medical bills, lost wages, pain that persists. And there’s enough insurance on the at-fault driver (or stacked policies) to make pursuing the case worthwhile. We do this check in the first phone call, free. If you don’t have a case, we’ll tell you straight.

    Three boxes have to check. Someone else’s negligence caused the wreck. You have real damages medical bills, lost wages, pain that persists. And there’s enough insurance on the at-fault driver (or stacked policies) to make pursuing the case worthwhile. We do this check in the first phone call, free. If you don’t have a case, we’ll tell you straight.

    Three boxes have to check. Someone else’s negligence caused the wreck. You have real damages medical bills, lost wages, pain that persists. And there’s enough insurance on the at-fault driver (or stacked policies) to make pursuing the case worthwhile. We do this check in the first phone call, free. If you don’t have a case, we’ll tell you straight.

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