Protecting Your Rights in a Ride-Sharing Accident in Texas

There is a lot of gray area in Texas’s legal system regarding incidents involving ridesharing services. A passenger injured in an accident involving a ridesharing vehicle in Texas may assume that he or she may sue the driver and the ridesharing firm (e.g., Lyft, Uber, etc.). This is because many people are unaware that rideshare businesses assert that their drivers are not considered employees.

The driver is not legally regarded as an employee of the corporation in Texas. The ridesharing business will essentially claim that the driver was more of an independent contractor than an employee. The corporation will avoid responsibility for the driver’s carelessness if it succeeds with this argument. Moreover, it is common for the corporation to win in Texas court cases. However, if you’ve been involved in a rideshare vehicle crash, you should immediately contact a Texas personal injury attorney to review your legal options and potential claim for damages.

Who is the Claimant in a Texas Rideshare Accident?

The claimant in any personal injury matter is the person making the claim, also known as the plaintiff. If you were injured in a car accident and you decide to pursue compensation for your medical bills and other losses, you are going to be the claimant in that matter. You will make a claim against the negligent party, often the driver of another vehicle, also known as the defendant. In the case of a rideshare accident, the defendant may be the driver of the rideshare vehicle, the rideshare company itself, or some other entity. These cases can be complicated, which is why it’s helpful to seek guidance from a lawyer immediately after your accident. 

Reporting your accident to the relevant police force in Texas should be your first step. Gather details on the crash, such as what transpired, how it happened, and whether anybody else was hurt. Document as much as you can by taking pictures or videos of the scene, any injuries you may have, and get information from witnesses when possible. Then, seek medical care immediately, even if you don’t think you are hurt badly.

Arbitration or Litigation in Rideshare Accidents

It often takes several steps for someone to utilize a ridesharing application to request a ride. It all starts with the rider requesting a trip and agreeing to pay the fee via the app. Afterward, the ridesharing business and the passenger reach an “agreement,” so to speak. From there, the rider or passenger boards the ridesharing vehicle, and the journey begins. Still, users who download a ridesharing app often do not fully understand the terms and conditions.

As an example, users of some applications may unwittingly consent to arbitration terms. In the event that a passenger sustains injuries while riding with a rideshare, they may not be aware that they are giving up their legal recourse against the service or its driver. Arbitration is a private method of resolving legal claims, where a third-party arbiter in Texas decides the outcome of a claim rather than a judge or jury. By using a rideshare app, you may have agreed to something you did not realize you were agreeing to, limiting your ability to seek compensation. You should speak to a lawyer to see what your options are depending on the unique circumstances of your case.

Determining Liability in a Texas Rideshare Crash

Protecting Your Rights in a Ride-Sharing Accident in TexasLiability, as with any car crash, is determined based on who caused the accident. If it was the rideshare driver that caused the wreck, then liability would likely be theirs. However, if another car caused the accident, then that person would be liable, and your claim would be against them and their insurance company. There may be cases in which multiple defendants should be named in your claim. 

Steps to Take Following a Texas Rideshare Wreck

Like with any vehicle wreck, there are a few important steps to take after a rideshare accident, including but not limited to the following:

  1. If you are hurt, dial 911 and get proper medical treatment right away.
  2. Collect as much information as possible about your wreck. Take pictures, note any important circumstances surrounding and leading up to the crash, and collect information on the driver and insurance.
  3. Notify both the rideshare carrier and your Texas insurance carrier of the accident.

Finally, you should get in touch with a personal injury lawyer who specializes in these kinds of situations right away. The time you wait to contact an attorney who handles these types of matters might determine whether you get compensation for your injuries or not. In other words, time is of the essence when it comes to these claims.

In addition to financial compensation for aspects like medical expenses, pain and suffering, lost income, damaged property, and loss of consortium, victims of careless rideshare drivers may sometimes get extra money to pay their legal costs.

Contact a Car Accident Lawyer at Rasansky Law Firm

Auto accidents impact thousands of victims and families throughout our state, and with the rise of ridesharing, crashes caused by these vehicles are no exception. Though some accidents result in minor injuries, many victims are left permanently disabled and in excruciating agony and suffering.

After being injured in an accident, waiting to preserve your legal rights might seriously compromise your prospects of recovery.

When you’re dealing with the aftermath of a serious auto accident, you must contact a Dallas car accident lawyer immediately. You may be entitled to compensation to offset your future financial obligations.

Contact our Texas auto accident lawyers at Rasansky Law Firm. We have over three decades of experience assisting victims of incidents caused by irresponsible and reckless drivers to continue with their lives. Our team of educated and recognized lawyers offers our clients trustworthy and professional legal counsel. We are accessible at your earliest convenience to explore the details of your accident and assess your legal alternatives.

If you have been injured in a vehicle accident in Texas and have concerns about your legal options, please call our lawyers at 214-617-1816 for a free examination of your case, 24 hours a day, seven days a week.

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Note: The information that was utilized in this post was gathered from the use of secondary sources. This information used has not been confirmed or independently verified. If you locate any information that is not correct, please contact our firm as soon as possible so that we can make the appropriate corrections. If you find any information that is false, we will remove or correct the post immediately after it is brought to our attention.

Disclaimer: As a valued member of the Dallas community, Rasansky Law Firm’s goal is to improve the safety of all residents in the great state of Texas. These posts should not be viewed as a solicitation for business and the information included herein should not be taken as medical or legal advice. The photos used in this post are not representative of the actual crash scene.

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