The McAllen Personal Injury Lawyer

Uber and Lyft are fantastic. When you are traveling, Uber and Lyft can be lifesavers. And they are excellent as designated drivers to keep drunk drivers off the road. But Lyft and Uber drivers are not immune to accidents. And the law recognizes this. Texas law requires ridesharing companies like Uber and Lyft to carry million-dollar insurance policies. These large insurance policies mean that insurance companies are exposed to potentially losing a lot of money. Large insurance policies mean you will be dealing with the most experienced, and aggressive adjusters the insurance has on staff. And you can be sure the insurance company lawyers will be just as experienced and just as aggressive. Johnathan Ball is The McAllen Personal Injury and Car Crash Lawyer He spent years working for the insurance companies. He understands how insurance companies operate and how they will do anything they can to pay as little as possible for your personal injury. Johnathan Ball will fight to get you all the money you deserve for your accident.

What makes a Lyft/Uber car wreck different? 

Uber and Lyft represent maybe the fastest growing niche in the transportation sector in Texas. This new niche of ridesharing drivers has created a unique issue in Lyft and Uber wreck. The question is whether the driver is an independent contractor for Lyft or Uber, or is he/she an employee of Lyft or Uber? Believe me, Uber and Lyft want to define their drivers as independent contractors because “In Texas, the general rule is that “an employer has no duty to ensure that an independent contractor performs its work in a safe manner.” Fifth Club, Inc. v. Ramirez, 196 S.W.3d 788, 791 (Tex. 2006). That means if the driver's are independent contractors, Uber or Lyft may not have to pay.

As I explained in my blog, the insurance companies are not your friends. Their job is to pay you as little as a possible. They want to maximize their profits-at your expense. If you are in an accident involving an Uber or Lyft driver, do the following:

• Call 911 and seek immediate help.
• Get medical attention  immediately to deal with your injuries
• Follow up with the police to make sure the police report accurately reflects what happened;
• Absolutely never give a recorded statement to the insurance company;
• Take photographs and video of the accident scene and your injuries;
• Contact The McAllen Personal Injury and Car Crash Lawyer immediately.

Was the ridesharing driver distracted by their phone?

Since ridesharing is a recent phenomenon, there have not yet been comprehensive studies demonstrating how the rate of accidents for ridesharing drivers compares to that of the general population. However, given that these companies require their drivers to operate an app on their cellphones while driving a vehicle, the connection between ridesharing and distracted driving seems obvious.

Furthermore, one reason ridesharing has taken off so quickly is that nearly anyone can become a company driver. The ridesharing companies may be on the hook for hiring incompetent drivers or for failing to properly train or supervise them. 

Was the ridesharing driver​ logged in or "on the clock"?

The single most important question is was the driver on the clock? The question is was there a prearranged ride where a passenger was in the Uber or Lyft. "Prearranged ride" means transportation provided by a transportation network company driver to a transportation network company rider, beginning at the time a driver accepts a ride requested by a rider through a digital network controlled by a transportation network company and ending at the time the last requesting rider departs from the driver ’s personal vehicle.

Texas law requires that when the ridesharing driver is logged on to the ridesharing app and is available to receive ride requests, the driver and the ridesharing company must provide insurance coverage as follows:

$50,000 for bodily injury to or death for each person in an incident; 
$100,000 for bodily injury to or death of a person per incident; and 
$25,000 for damage to or destruction of property of others in an incident;

Texas law requires the driver and ridesharing company to provide at least $1 million for death, bodily injury, and property damage for each accident when a transportation network company driver is engaged in a prearranged ride. The McAllen Personal Injury Lawyer knows how to obtain the driver's and company's records to ascertain exactly what insurance coverage applies in your case.

You only have two years to file your case. Do not wait. Call The McAllen Personal Injury and Car Crash Lawyer today to discuss your case at 956-501-6565.