Public transportation is essential for thousands of Texans each and every day. Accidents involving DART rail or buses can occur, though they are not frequent enough to affect most riders. That said, when […]
A person injured in a rideshare accident caused by negligence may seek compensation for medical expenses, lost wages, pain and suffering, and other damages. Sometimes, it is in the victim's best interest to sue another party, such as the vehicle's driver, owner, or even the vehicle's manufacturer.
Additionally, in the event that an injury occurs during a transport in a Lyft or Uber, it is possible that legal action could be taken against the ride-sharing companies. In any event, you should not presume that the motorist who is suspected to be at fault in your crash is the only party implicated in a rideshare crash. For this reason and more, if you've been involved in such an accident, it's essential to contact an attorney right away.
You have the discretion to sue another driver in the majority of states following a vehicle collision. This encompasses all parties implicated in the collision, including the vehicle owner, the motorist who hit your vehicle, and the insurance company.
Should the driver's negligence have caused the accident, they may bear legal responsibility for any injuries you sustain. Additionally, you could attempt to hold the motorist personally liable for any medical expenses associated with the injury.
Currently, ridesharing companies such as Lyft and Uber offer a safety net to customers who prefer not to purchase additional auto insurance. However, certain conditions apply. Certain prerequisites must be fulfilled by drivers, such as possessing an impeccable driving record and successfully completing a background check. Moreover, they are required to maintain commercial auto insurance, which safeguards against incidents involving third parties.
Oftentimes, the issue is that these drivers fail to acquire supplementary insurance coverage. Thus, a passenger can file a claim against the rideshare driver under his or her own policy if an accident occurs while commuting with the driver, but the motorist is not protected due to the absence of commercial auto insurance. And since it was not supplied by the ridesharing company either, there is no protection for others involved in a crash.
Still, ridesharing companies do offer liability coverage in numerous states to protect passengers in the event of an accident. For example, Texas mandates rideshare companies to provide coverage for expenses related to injuries suffered by passengers in the state. The coverage of up to $50,000 per individual is contingent upon the passenger filing a claim within six months of the incident.
Commercial auto insurance in Texas is a requirement for drivers operating under the ridesharing applications Uber and Lyft. Nevertheless, it seems that there is no stipulation mandating that these vehicles transport passengers. One might contemplate procuring liability insurance while traveling around in search of a passenger to pick them up, merely as a precautionary measure.
The coverage is applicable for the passenger as well as the motorist. An illustration of this is when a passenger sustains injuries in a collision that is the driver's fault and attempts to file a claim against the driver's personal insurer. The passenger could also file a lawsuit against the driver's employer if he is injured on the job.
This coverage is exclusively accessible when the driver is actively seeking passengers via the application. Therefore, do not presume that the proprietor of a stationary vehicle is not waiting for someone to arrive simply because there is no one inside. The nature of their insurance policy is always unknown.
Uber and Lyft assert that the utilization of their vehicles for personal purposes by an Uber or Lyft driver does not contribute to the weekly work requirement stipulated by federal law. Certain states, including Massachusetts and California, mandate that chauffeurs maintain an account of each hour worked. Neglecting to comply may result in penalties for the driver.
Uber has responded to a recent lawsuit by asserting that drivers who utilize their vehicles for personal purposes are not classified as employees, as they are not engaged in activities that are "incidental to and within the scope of the principal purpose of the trip."
Activities considered "incidental to" are those that are essential for the achievement of the principal objective of a journey. An illustration of this would be providing a transport for an acquaintance to pick up provisions, which is not directly related to the primary purpose for the ride. A journey home for the solitary purpose of smoking marijuana, on the other hand, would not qualify as an incidental activity to the trip's primary objective.
As per Uber's statement, chauffeurs who utilize their vehicles for personal reasons are not classified as employees of the organization. Riders are responsible for the operating expenses of the vehicle. This implies that the employer bears no liability with regard to workers' compensation premiums or the provision of benefits such as health insurance.
That said, exceptions exist to this rule. Drivers who perform any other duty of the organization while on the job, including passenger pickup, are classified as employees.
With the proliferation of ridesharing, car accidents involving these cars continue to affect thousands of victims and their families throughout our state. Many victims are crippled for life and endure unimaginable pain and suffering, even if others suffer only minor injuries.
You should get in touch with a Dallas vehicle accident attorney without delay while you cope with the fallout of a major vehicle accident. Some compensation may be due to you to help defray your future financial commitments.
Here at the Rasansky Law Firm, our legal team has been helping victims of accidents caused by careless drivers get back on their feet for over thirty years. Our customers may rely on the knowledgeable and experienced legal assistance provided by our highly regarded attorneys. Please contact our personal injury attorneys in Dallas as soon as possible so that we can investigate your accident and determine your legal options.
Call our attorneys at 214-617-1816 any time, day or night, for a free consultation if you have questions about your legal rights after a car accident in Texas left you wounded.
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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