Many people in Houston and all across Texas prefer to use Uber and other ride sharing services instead of taxis, trains and buses for daily transportation needs. People find these services easier to use and cheaper compared to other modes of transportation.
If a driver of an Uber hit you while you were driving, biking or walking or if you were a passenger in an Uber which was involved in an accident, you should treat it like any other accident and immediately seek help from an experienced Houston Uber accident lawyer.
If you have been the victim of an accident involving a Uber, our team of Uber accident lawyers recommends that you do the following:-
- Seek emergency medical assistance if anyone is injured.
- Call the Police.
- When the Police arrive, make sure you let them know whether you were a passenger in an Uber or were hit by an Uber while driving, biking or walking. Mention injuries sustained.
- Take photographs at the scene of the accident.
- Get contact information of the drivers involved in the accident and also of witnesses.
- Contact a Houston Uber accident attorney as soon as possible.
Uber hires its drivers on a contract basis. These drivers are not entitled to rights similar to those of traditional employees. Uber cannot be held responsible for the negligent acts of its contracted drivers.
UBER’S INSURANCE POLICIES.
Uber considers “ three periods” while determining eligibility for coverages. Whether a victim receives a coverage depends on when the accident took place, as detailed below:
- FIRST PERIOD. This period starts when the app is turned on and the driver is awaiting ride requests. In this period, drivers receive limited liability coverage ($50,000/ per person/ $100,000 total/ $25,000 property damage). For all other types of coverage, drivers are required to have own personal insurance.
- SECOND PERIOD. Period two begins when the driver goes to pick up a passenger. Uber provides handsome coverages in this period with up to $ one million of liability coverage and full coverage for vehicle damages. Uber demands proof that a driver was on course to pick up a passenger when the accident occurred. If the driver fails to provide sufficient proof, Uber can claim driver was in period one.
- PERIOD THREE.This period is active during the time a passenger is in the vehicle. This is probably the easiest period for a Houston Uber accident lawyer to prove. Presence of a passenger makes insurance claims of both the passenger and the driver almost undeniable. In such cases, attorneys will be able to negotiate fair settlement terms without much resistance. Coverages are similar to those in period two.
COMMON CAUSES OF UBER ACCIDENTS.
Government agencies and ride sharing services like Uber work together to ensure road, vehicle, driver and passenger safety, yet accidents involving Uber and other ride hailing services continue to rise. Some major factors that contribute to these accidents are:-
- Driver errors. The most common errors of Uber drivers that lead to accidents are as follows:
- Distraction/ Inattention.
- Failure to yield right of way.
- Impairments (alcohol, illness, fatigue).
- Reckless driving.
- Failure to keep in proper lane.
- Uber and other ride sharing service companies contracting unfit drivers.
- Failure of Uber and other ride sharing services to train and supervise their contracted drivers.
- Failure of Uber and other ride sharing services to inspect and maintain vehicles regularly.
- Allowing or encouraging Uber and other ride sharing services drivers to work excessive driving hours.
- Defective parts such as tires, wheels, brakes or axles.
- Failure of state to keep roads properly maintained.
TYPES OF INJURIES SUSTAINED IN UBER ACCIDENTS.
Most common Uber accident injuries are :
- Broken bones and Fractures.
- Facial damage.
- Spinal injuries/ paralysis.
- Internal bleeding.
- Scarring and Lacerations.
- Traumatic brain injuries.
- Serious burns.
- Permanent disability.
- Wrongful death.
STATUTE OF LIMITATION FOR FILING AN UBER ACCIDENT CASE IN TEXAS
There are specific time limits, restrictions and rules for filing an accident claim. An experienced Uber accident lawyer ensures that you fully understand the Federal, State and Local laws that might apply to your case. Texas statute of Limitations for Uber accidents is two years after the accident occurred. In general terms, residents of Texas have four years from the date of the accident to initiate a civil lawsuit.
It is in the best interests of the plaintiff to enlist the services of an experienced Uber accident lawyer. In Texas, a victim is required to file a police report within ten days of the accident. It is also necessary to notify Uber about the accident as soon as possible.
COMPENSATION FOR VICTIM OF A UBER ACCIDENT IN HOUSTON.
Houston Board Certified Uber accident lawyers seek to get maximum compensation for the victim of an Uber accident and help him or her explore other options and alternative ways to seek additional compensation for injuries sustained.
Texas is what is called a “comparative fault” state. In Texas, each driver has to take financial responsibility for any accident in which they are more than 50% at fault. Most drivers do this by carrying liability insurance. In severe accident cases, Uber is known to have made pay-outs of up to $ 1 million.
Given below are the types of damages that a victim of an Uber accident may be able to recover:
- Past and current medical costs. In most of the Uber accident cases, the medical bills are the largest single expense incurred by the victim. Most of the compensation received by victims goes towards payment of medical costs.
- Future medical costs. After initial treatment and rehabilitation, victims of Uber accidents often require further medical care in the future. It is necessary for victims to receive adequate compensation to take care of future medical costs.
- Lost wages and business income. A victim, whether employed, self employed or a business owner, is entitled to recover compensation for the time spent away from work or business.
- Loss of future earning capacity. Some injuries harm the victims in such a manner that they are no longer able to do the job that they were doing before the accident. In many instances, a victim may have to change from a full time job to a part time job or move from a highly paid job to a lower remuneration job. In such cases, additional compensation maybe awarded.
- Permanent injury and disability. Some injuries have life long implications on the health of a victim of an Uber accident.
In many cases, victim never recovers fully from his or her injuries.
NON ECONOMIC DAMAGES.
- Pain and suffering. Injuries cause pain which can be extreme and debilitating. Such pain Is accompanied by emotional suffering and stress. Florida law allows victims to collect compensation for such sufferings.
- Emotional distress. Additional mental and emotional illnesses can arise from injuries sustained in an Uber accident. Emotional distress, if proven by experts can support a victim’s claim for compensation.
- Loss of consortium. Injuries sustained in Uber accidents can limit and restrict a victim’s basic life functions resulting in loss of love, affection and companionship. Under loss of consortium, a victim can claim damages for physical isolation suffered due to injuries sustained.
- Loss of enjoyment of life. A victim of an Uber accident is entitled to receive compensation if he or she is unable to perform physical, social and recreational activities which he or she enjoyed performing before sustaining injuries in the accident.
WHY THE LAW OFFICE OF SHANE R. KADLEC?
Our qualified and board certified Uber accident attorneys possess in depth knowledge and experience to assist a victim and his family to navigate through complex accident laws. Our team relentlessly fights to secure maximum compensation through verdicts and settlements for victims of Uber accidents in Houston and all across Texas.
Accident cases involve complex and intricate legal concepts. If you hire our Houston Uber accident lawyers, you can expect the following:-
- THOROUGH INVESTIGATION OF THE ACCIDENT. Our Uber accident lawyers compile and analyze evidence such as:
- Accident scene evidence.
- Circumstances of the accident.
- Eyewitness statements.
- Damage to all vehicles involved.
- Cell phone records.
- Uber driver’s toxicology test results.
- Police accident reports.
- Uber driver’s criminal and traffic background.
- Uber’s history of violating safety rules.
- Whether Uber conducted a thorough background check before contracting the driver.
- Whether the driver’s car was in compliance with Uber’s standards and/or Florida regulations.
- Whether Uber received any complaints in the past about the driver and if so, what actions did the company take.
- CONSULT EXPERTS FROM VARIOUS FIELDS. Thanks to our vast experience in auto accident cases, we have built a network of experts which includes:
- Accident reconstruction experts.
- Rules compliance/ safety experts.
- Driver training (driving school) experts.
- Mechanics and Engineers.
- Experts from various areas of medicine.
- Life care planners.
- Toxicology experts.
- Contract experts.
- DETERMINE ADEQUATE COMPENSATION. Our Houston Uber accident lawyers collect, review and document medical records of a victim which are essential in determining adequate compensation that he or she is entitled to.
- SEEK A TIMELY SETTLEMENT. Our team of Houston Uber accident lawyers know how to effectively deal with Attorneys and Insurers of the Defendant who try to deny the plaintiff’s claim or reduce the claim value significantly.Our Texas Uber accident lawyers present a strong and solid case to insurance companies and demand full and adequate compensation for our clients.
- TAKE YOUR CASE TO COURT.
If the need arises, our team of Uber accident lawyers in Houston are prepared to take the case to court for trial.
CONTACT A HOUSTON UBER ACCIDENT LAWYER.
If you or your loved one has been injured due to the carelessness or negligence of an Uber driver, you deserve to be duly compensated for the injuries suffered and other damages. Call an experienced Uber accident lawyer at our firm for a free case evaluation right away.