Legal Options after an Accident with an Uber Driver

Legal Options after an Accident with an Uber Driver

When you use a rideshare service like Uber or Lyft to get around, you should be able to reasonably expect that you will arrive to and be transported from your destination safely.

However, it is nearly impossible to prepare for a motor vehicle accident, and when it happens to you, you will need to work with an attorney to secure the compensation that is rightfully yours. Your lawyer will be able to determine who is responsible for the cause of the accident, who your civil claim will be against, and how much your damages amount to.

At a time when you should be able to focus on your recovery, the last thing you need is to be burdened by a mountain of medical expenses and household bills that will remain unpaid. Pursuing your Uber accident claim is the only way to hold the culpable party accountable and obtain the funds you’re entitled to.

Filing a Claim with Uber’s Insurer

When you have been involved in an accident with an Uber, or as a passenger in an Uber, there are specific criteria under which Uber’s auto insurance provider will be obligated to cover your damages. To file a claim under Uber’s insurance policy, the Uber driver must be logged into the app, traveling to or from a destination, or waiting for a passenger to pick up.

If you are injured in an accident under any of the aforementioned circumstances, you can file a claim for recovery of your damages through Uber. However, if your losses exceed their $1,000,000 policy limits, you will need to pursue a civil claim against the Uber driver or whoever else might be responsible for the cause of the accident and resulting injuries.

How to Hold the Uber Driver Accountable

In the event that your accident does not allow for the opportunity to file a claim with Uber’s auto insurer, you will need to prepare to file a claim against the Uber driver, or anyone else who might have contributed to the cause of the accident.

Uber mandates that their drivers carry auto insurance coverage of their own, in addition to the coverage provided by Uber, as Uber’s insurance explicitly states that it does not extend coverage to their drivers unless the driver enrolls in their Driver Injury Protection program.

You will start by filing a claim with the Uber driver’s insurance company, and whatever is not covered by the insurer will be sought from the driver themselves in court.

Get in Touch with a Texas Uber Accident Lawyer

Whether you were injured as a passenger in an Uber or struck by an Uber, you have the right to seek compensation for your suffering. Your Texas Uber accident lawyer at Crain Lewis Brogdon, LLP can help you get the most out of your injury claim by working to ensure that any and all liable parties pay.

You can schedule your free consultation today by filling out the brief contact form at the bottom of this page or by calling our office at 214-522-9404.

How to Prove an At-Fault Driver Was Distracted

When a car accident happens, knowing who’s at fault for the accident will be a major part of your claim. Texas is a fault state, which means that the at-fault driver is also financially responsible for the car accident. However, you’ll have to also prove how they were negligent, which means that if the other driver wasn’t paying attention to the road, you’ll need to know how to prove the at-fault driver was distracted.

If you’re struggling to recover and get the compensation you need, you may need help finding the evidence you need to prove the other driver was distracted. Fortunately, you’ll have a chance to do so with the help of your attorney.  

Using the Accident Report

When your accident happened, there’s a chance that you weren’t the only one to witness it. You’ll have the word not just of those around the accident but also the police officer who arrived at the scene, and all these witnesses can help.

The police officer will need to file an accident report about your car crash, which can help you defend your claim. If the officer noted any signs of distracted driving, for example, you may be able to use their report to show that the other driver was negligent.

In some cases, the other driver may have even admitted it themselves. For many people, their first reaction is to take responsibility or to mention that they were distracted. If they do mention that they were texting, eating, or even adjusting the radio, you may be able to use their words to your advantage.

This valuable info and more can usually be found in your car accident report, so make sure you know how to request a copy of your accident report.

Phone Records Can Help

While not every claim will involve texting or talking, in some cases you may be able to use the other driver’s own phone records as evidence for your auto wreck claim. If you saw that they were texting, talking, or otherwise on their phones at the time of the crash, you might be able to use their phone records to your advantage.

For example, you may know that your accident happened at 4:15 pm and that they were on their phone. If their phone records state that they were on the phone during that time, that evidence can be used to support your claim. Their text messages should also have a timestamp showing when the text was sent or received.

Prove Your Distracted Driving Claim with Legal Guidance

It’s unfortunate, but not every driver will be careful with your safety. In fact, distracted driving is a major problem in many areas, causing accidents regularly. That’s why you’ll need to know how to prove an at-fault driver was distracted before you begin your injury claim.

At Crain Lewis Brogdon, LLP, we understand how important it is to get your full compensation after a car accident, so we’ll help you determine whether the at-fault driver was distracted and what evidence you can use to prove that.

We also offer free consultations if you have questions and want answers before you sign anything. During your consult, you and your Texas lawyer will discuss your claim and what we can do to show that the other driver was at fault.

When you’re ready to get started, your attorney will be ready to help you. Get started by calling 214-522-9404 or by completing the online form below.

How Do Pain and Suffering Damages Work in Texas?

How Do Pain and Suffering Damages Work in Texas?

After a major accident in Texas, you’ll need compensation for all the damages you’ve suffered. You might be thinking mainly about your financial losses; your injuries might be expensive, after all, and that can be difficult to recover from. However, that doesn’t mean you shouldn’t also receive non-economic damages.

When you’ve been injured in an accident, you’ll need to ask your lawyer at least one thing: How do pain and suffering damages work in Texas? While you might be somewhat familiar with these damages, you’ll need to make sure you’re getting the full amount you deserve for your particular accident and injuries.

Finding the Worth of Your Damages

First, you’ll need to understand your pain and suffering damages, or non-economic damages, and why you deserve them. While you’ve likely suffered major financial losses, you’ll also need compensation for the less tangible damages. For example, you might find yourself with a decrease in your quality of life after your accident, which should be compensated.

Calculating your pain and suffering damages can be more complex than for other damages, however. Because these damages are intangible, you can’t simply add up receipts to find the costs of your losses. Instead, you’ll need to seek out compensation based on how serious your injuries were and what your long-term impacts were.

For example, a broken bone is a serious injury, and it’s one that can be extremely painful during the accident. You should receive compensation for that pain and suffering. However, your injury might have left you with chronic pain instead, not just the initial injury. Because you’re experiencing long-term, consistent pain, your compensation should be higher.  

Texas’ Damage Caps

Unfortunately, getting those damages might be difficult. You’ll need to show that your life has been affected by these injuries and that you’re suffering for them. For example, if you’re seeking compensation for a loss of enjoyment of life, you’ll need to show that because of your accident you aren’t able to enjoy things you once loved.

Your compensation may also be limited by damages caps on pain and suffering. If you were injured by a government entity, your compensation may be limited to only $100,000 for your total claim. If you’re badly injured, that may limit the recovery for your injuries alone, let alone your pain and suffering damages.

As such, it’s important to protect your Texas accident claim and ensure you’re getting the full compensation you deserve. Your pain and suffering damages are important to your recovery, so you’ll need to make sure you get the fullest amount you can seek.  

Get the Full Compensation You Need in Texas

When you’re suffering through your non-economic damages, it can be tough to research how pain and suffering damages work in Texas. You’re struggling to recover, and fighting back for intangible damages only makes that harder.

Fortunately, you don’t have to fight back alone. When you’re hurt and suffering, seek out a Texas lawyer from Crain Lewis Brogdon, LLP for a free consultation. During your consult, we’ll review your claim and help you seek out the full amount you deserve. We’ve also put together a page of personal injury FAQs to give you more information before our consult.

Ready to start? Reach out by calling 214-522-9404 or by completing the online form below.  

Understanding Negligence in Texas Personal Injury Lawsuits

Understanding Negligence in Texas Personal Injury Lawsuits

Being involved in an accident would be challenging for anyone. When your injuries were caused by the irresponsible or negligent actions of another, you can take action and hold them accountable by pursuing a personal injury claim against them.

However, you might be wary about filing the claim if you know that you are partially responsible for the cause of the accident. Read on to learn more about how being partially at fault doesn’t necessarily mean you aren’t entitled to compensation for your damages.

Proportionate Responsibility

Texas follows proportionate responsibility, also known as modified comparative negligence, when determining liability for the cause of an accident. This means that even if you played a part in causing the accident that you were injured in, you could still seek compensation from the other involved party for your losses.

This is great news for individuals who are interested in filing a claim, but are worried about how much they’ll be held responsible for contributing to their own injuries. Your attorney will calculate your damages to determine how much your claim is worth. Next, your lawyer can review how you might have been partially culpable to determine what your percentage of liability could be.

Ultimately, the judge will be responsible for setting the specific percentage of your liability, but your lawyer will still be able to give you a basic idea of how much blame you should expect will be placed on you. Once your percentage of liability has been established, your final award will be reduced based on this number.

Although your final award will reflect your proportionate responsibility deduction, you could still be able to obtain a portion of your losses from the at-fault party. In addition, it’s important to note that if you are deemed to be more than 50 percent at fault, you will no longer be able to pursue your claim, as the standard for modified comparative negligence in Texas is 51 percent.

A Look at Modified Comparative Negligence in Action

If you’re not sure how proportionate responsibility might affect your claim, here’s an example. Let’s say the judge determined that you were 10 percent to blame for the cause of your accident, and the judge and/or jury has awarded you a sum of $500,000 for the total combined losses.

Once modified comparative negligence laws take effect, your $500,000 award will be reduced by 10 percent and your case will be closed with a final award of $450,000.

Proportionate responsibility doesn’t always mean that you are no longer entitled to compensation for your losses. You will be able to work with your attorney to achieve maximum compensation as long as your portion of negligence does not exceed 50 percent.

Work With a Texas Personal Injury Lawyer

If you have additional questions about how proportionate responsibility could impact your case, or if you are looking for an experienced personal injury lawyer in Texas who can work to get you the most out of your claim, reach out to Crain Lewis Brogdon, LLP today.

You can fill out the convenient contact form below or give our office a call at 214-522-9404 to schedule your free case evaluation as soon as possible.