Rideshare accidents add layers of complexity to an already challenging situation. When you’re injured in a collision involving Uber, Lyft, or another rideshare service, a San Antonio rideshare accident lawyer can guide you through the unique insurance and liability issues that are at play.
At Omega Law Group Accident & Injury Attorneys, we believe in putting our clients first, always! Our lawyers have been helping injury victims since 2016.
Our experienced San Antonio car accident lawyers have successfully handled numerous rideshare accident claims. Call today for a free consultation.
Why You Need a San Antonio Rideshare Accident Attorney
Our San Antonio personal injury lawyers at Omega Law Group understand the rapidly evolving regulations and case law surrounding rideshare services. We anticipate defense strategies and overcome obstacles that might surprise attorneys without our rideshare case experience.
This digital evidence helps establish which insurance coverage applies. We act quickly to preserve critical electronic evidence, including:
- The driver’s app status
- Ride history
- GPS data
- Traffic cam footage
- Communications between the driver and the rideshare company
Our personal injury law firm has won millions of dollars for accident victims. We have experience negotiating with both personal and commercial insurance carriers and understand how to counter their tactics for minimizing or denying claims. Our case results show our dedication.
Texas Rideshare Driver Requirements
Rideshare services utilize everyday people driving their personal vehicles. These drivers often lack professional training and may be unfamiliar with certain areas of the city, which is part of the reason our team has seen more of these cases.
In Texas, rideshare drivers who work for companies like Uber and Lyft must meet certain state requirements before they can accept ride requests.
While rideshare drivers are not licensed directly by the Texas Department of Licensing and Regulation (TDLR), transportation network companies (TNCs) are required to verify that drivers satisfy minimum legal standards.
Generally, a rideshare driver in Texas must:
- Be at least 18 years old.
- Hold a valid driver’s license issued by Texas, another state, or the District of Columbia.
- Have proof of vehicle registration and financial responsibility (insurance) for the vehicle they plan to use.
- Pass a criminal background check and driving history review before being approved to drive.
Transportation network companies must conduct local, state, and national background checks on drivers. These screenings also include a review of the national sex offender registry. In addition, companies must perform ongoing background and driving record checks at least once a year.
Determining Liability in Rideshare Accident Cases
If the rideshare driver caused the crash through careless driving, they’re often the first party looked at for liability. That can include things like getting distracted while using the app, speeding to try to finish more trips, stopping or pulling over in unsafe spots to pick up passengers, or driving when they’re too tired to stay alert.
In other situations, another driver on the road may have played a role in the accident. When that happens, their personal auto insurance may also come into play as a possible source of compensation, along with any rideshare-related coverage that applies.
Rideshare companies generally label drivers as independent contractors rather than employees. This distinction often makes it tougher to hold the company itself directly responsible when a driver makes a mistake.
In some cases, the company’s rules, incentives, or even how the app works can play a role in creating unsafe conditions that contribute to a crash.
How Rideshare Insurance Coverage Works
Insurance coverage in rideshare accidents can make a big difference in what compensation is actually available. The amount and type of coverage often change depending on what the driver was doing in the app at the time of the crash, which can affect how the claim is handled and which insurance policies apply.
Here’s how insurance usually works in a rideshare crash
- Period 0 (app off): The driver is not logged into the rideshare app, so only their personal auto insurance applies. Rideshare companies provide no coverage during this period, even if the driver is between rides.
- Period 1 (app on, waiting for a ride request): When the driver is logged into the app but hasn’t picked up a ride, the rideshare company offers limited coverage. Companies like Uber and Lyft often offer liability coverage that can include up to $50,000 per person and $100,000 per accident for injuries, plus around $25,000 for property damage.
- Period 2 (ride accepted, en route to pickup): Once a driver accepts a ride and is traveling to pick up the passenger, coverage increases significantly. Both Uber and Lyft provide $1 million in liability coverage during this period.
- Period 3 (passenger in vehicle): The highest level of coverage applies when passengers are in the vehicle. Rideshare companies maintain $1 million liability policies, plus additional coverage for uninsured or underinsured motorists, during this period.
This variable coverage creates potential gaps that can leave injured parties without adequate compensation. Many personal auto insurance policies exclude coverage when the vehicle is being used for commercial purposes.
Filing a Rideshare Accident Lawsuit
Most rideshare accident cases end up settling before they ever reach a courtroom. That said, insurance companies don’t always play fair when it comes to offering a reasonable amount. If negotiations stall or the insurer refuses to make a proper offer, your lawyer may move forward by filing a lawsuit against the parties responsible for the crash.
Filing a lawsuit does not mean your case will automatically go to trial. In many cases, the lawsuit simply creates additional pressure for the insurance company to negotiate seriously. Once a lawsuit is filed, both sides begin a formal legal process known as litigation.
Discovery and Case Preparation
During litigation, each side exchanges information and gathers evidence through a process called discovery.
Discovery may include:
- Written questions known as interrogatories
- Requests for documents
- Depositions of parties and witnesses
- Expert witness evaluations
This phase allows both sides to evaluate the strengths and weaknesses of the case and often leads to additional settlement discussions.
Trial
If a settlement cannot be reached, the case may proceed to trial. At trial, both sides present evidence, question witnesses, and make legal arguments.
A judge or jury will then determine:
- Who was at fault for the Texas car accident
- Whether the plaintiff suffered damages
- How much compensation should be awarded
Although trials are relatively uncommon, preparing every case as though it may ultimately be decided in court often strengthens a client’s negotiating position throughout the claims process.
Texas Has a Deadline for Filing a Personal Injury Lawsuit
If you were injured in a rideshare accident, Texas law limits the amount of time you have to file a personal injury lawsuit. In most cases, the statute of limitations is two years, based on Tex. Civ. Pract. & Proc. Code § 16.003.
If you miss the filing deadline, the court will likely dismiss your case, and you could lose your chance to seek full compensation. Speak with our rideshare accident lawyers serving San Antonio as soon as possible to ensure your claim is filed on time.
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Types of Rideshare Accidents and Your Legal Rights
Your relationship to the rideshare vehicle at the time of the accident affects your legal options and the compensation available to you:
- As a rideshare passenger, you have the strongest claim position since you bear no responsibility for the accident. The rideshare company’s $1 million liability policy should cover your injuries regardless of whether their driver or another motorist caused the accident.
- As another driver involved in a collision with a rideshare vehicle, your compensation options depend on the rideshare driver’s app status and who was at fault. If the rideshare driver caused the accident while actively transporting a passenger, the company’s $1 million policy should apply.
- As a pedestrian or cyclist hit by a rideshare vehicle, you face similar considerations regarding the driver’s app status. Identifying whether the driver was waiting for a ride request, en route to a pickup, or transporting a passenger determines which insurance coverage applies.
- As a rideshare driver injured by another motorist’s negligence, you may face challenges if your personal auto insurance discovers you were using your vehicle for commercial purposes. The appropriate rideshare endorsement on your personal policy can offer protection.
The rideshare driver’s app status can change quickly. Our San Antonio rideshare accident attorneys take swift action to determine exactly what stage the driver was in during the accident and secure electronic records. Omega Law Group understands that time is not on your side.
Steps to Take After a Rideshare Accident in San Antonio
A rideshare accident can leave you feeling overwhelmed, especially if you’re dealing with injuries, medical bills, and uncertainty about who is responsible. Whether you were a passenger, another driver, a pedestrian, or a cyclist, the actions you take after a rideshare crash can affect both your health and your ability to recover compensation.
If you’re involved in a rideshare accident in San Antonio, take these steps:
- Call 911 and report the accident: Contact emergency services immediately if anyone is injured or there is significant property damage. A police report can provide important documentation for insurance claims and potential legal action.
- Seek medical attention: Even if you feel fine, get checked by a medical professional. Some injuries, including whiplash, concussions, and internal injuries, may not show symptoms right away.
- Gather evidence at the scene: If you are physically able, take photographs of the vehicles, visible injuries, road conditions, traffic signs, and any other details that may help explain how the crash occurred.
- Notify the rideshare company: Report the accident through the rideshare app as soon as possible. Uber and Lyft both have systems that allow users and drivers to report crashes directly.
- Keep records of your losses: Save medical bills, repair estimates, prescription receipts, wage loss documentation, and any other records related to the accident. These documents can help demonstrate the full extent of your damages.
- Speak with a San Antonio rideshare accident lawyer immediately: One of the most important steps you can take after a rideshare accident is to speak with an attorney as soon as possible. The sooner you involve an attorney, the better your chances of building a strong claim and recovering the compensation you need.
The days and weeks after a rideshare accident can be stressful, but taking the right steps early can help protect your health and your legal rights. Our rideshare accident attorneys serving San Antonio are on your side.
Contact Our San Antonio Rideshare Accident Attorneys Today
If you’ve been injured in an accident involving Uber, Lyft, or another rideshare service, let our family take care of your family during this challenging time. The attorneys at Omega Law Group offer free consultations to discuss your case and explain your options without any obligation.
Don’t let insurance companies minimize your claim or take advantage of the confusion surrounding rideshare accident liability. Contact us today to speak with an experienced rideshare accident attorney serving San Antonio who will fight tirelessly for the compensation you need.
