Ridesharing Companies Resume Carpooling Services
Ridesharing companies such as Uber and Lyft suspended their carpooling services during the pandemic. Fortunately, these companies resumed their ridesharing services sometime in 2022 in particular states in the USA, including Texas. Many people depend on these ridesharing services to save up on the cost of transportation. Before this ride sharing arrangement became popular, people had no choice but to book a taxi and pay for the entire trip alone. A private ride usually costs more since you have no one to share the transportation cost. This situation is not the case anymore now because ridesharing has resumed. All you have to do is download the application of these ridesharing companies and book your particular ride with the option of rideshare.
These platforms made traveling to and from work, school, or anywhere much more accessible. Many people no longer want to drive their vehicles to their destinations because Uber and Lyft allow them to reach their destinations faster without thinking of parking. Ridesharing saves up time and money for everyone’s convenience.
Risks of Ridesharing
Just like any other mode of transportation, ridesharing exposes you to a certain level of risk. No matter how careful your driver is, accidents on the road are sometimes hard to avoid, especially at night. Your driver may be suffering from an unexpected illness that affects his focus, or he failed to check whether the vehicle is in good condition. In addition, the actions made by your co-passenger are out of your control, adding up to the risks involved in ridesharing.
Ridesharing Car Accidents
As there are risks involved in ridesharing, sometimes ridesharing car accidents could happen. When you encounter a ridesharing accident, you must bear in mind that you are entitled to certain rights, including compensation for an injury you sustained from the accident. This situation will now lead us to the question – who will pay for your medical bills, and how much will you receive as compensation?
Liability of The Driver or The Ridesharing Company
Assuming that you are a passenger of Uber or Lyft and encounter an accident during a rideshare, who shall be primarily liable to you? Shall you demand compensation directly from the driver or the company itself? These are legal questions on liability in car accidents during rideshare. In Texas, a court decided that the passenger shall seek compensation primarily from the driver when a car accident happens during a rideshare. The reason is that the driver is considered an independent contractor and not an employee of Uber or Lyft. Due to this definition mentioned in the court decision, a passenger cannot impose liability on the ridesharing company, except if the case falls under a situation where Uber or Lyft failed to exercise proper diligence in selecting drivers.
Duty of The Driver of The Ridesharing Company
A driver primarily takes you to the destination with extraordinary diligence. He should be cautious in his affairs so that he will be able to fulfill his essential obligations. In Texas, drivers must also have car insurance to cover the possible injuries or property damage brought by a vehicle collision or car accident. The insurance company will then be answerable for compensating for injuries or property damage caused by the erring driver. It is illegal to drive without this car insurance.
Negligence of The Driver
Since the law requires the driver to exercise extraordinary diligence to safely take passengers to a particular destination, this requirement needs to be done. The driver must have been proven to be negligent for him to be made liable during an accident. This case is easy to understand as it is presumed that a driver must always be cautious to ensure the safety of everyone in the vehicle.
A driver should be able to maintain the proper speed while driving as extra protection from car accidents. He should also be able to constantly check the tires, brakes, and engine to ensure the vehicle’s safety before driving. It is also imperative that the driver is sober when he is driving. If the driver is found intoxicated or under the influence of drugs while driving and a car accident happens, this will even expose him to criminal liability. Other than these essential obligations, a driver must also observe traffic rules. He should know when to stop when the traffic signals all vehicles to stop. He shall also be cautious when taking turns and see whether the road is free from any speeding vehicles. Absent such a level of diligence means that the driver breached the duty to exercise extraordinary diligence.
Duties of a Car Accident Attorney
A car accident attorney will assist you concerning your claim during a ridesharing accident. In general, claims involve proving evidentiary matters to be entitled to compensation. It is thus the duty of a car accident attorney that during the ride, the driver is negligent in the conduct of his affairs so that the passenger may demand compensation. The car accident lawyer will gather facts and evidence to support the claim. A car accident lawyer will strengthen your position to facilitate the filing of your claim. A lawyer knows very well what proof must be secured so that a claim will prosper. A lawyer also knows to whom compensation may be demanded and how much is reasonable.
A Car Accident Attorney Can Negotiate Better Compensation
As previously discussed, the erring driver shall compensate you for your injuries when you are involved in a car accident. However, there may be instances when a car accident attorney may make Uber or Lyft liable to you. This case is possible if the lawyer can prove that from the very beginning, the company failed to exercise proper care in choosing their drivers and ensuring that they have met the minimum safety standards required by law. Screening shall be required before the selection of drivers. For instance, if the company has overlooked that the driver has a bad driving record, but they still accepted him to be an Uber or Lyft driver, then the lawyer can argue that the carpooling company itself is negligent. In this case, the passenger can seek better compensation from the company.
In reality, however, these ridesharing companies will do their best to avoid liability, so it is now the challenge for a car accident attorney to find a loophole in their arguments. These companies also have legal counsel to help them with their position to avoid liability as much as possible, so you need an attorney each step of the way to balance the scales of justice on both sides. Most of the cases in insurance claims involve a high level of bargaining and negotiation, so if you feel that this is something that you cannot do, a car accident lawyer will be the one to do it for you.
Personal And Commercial Insurance Coverage in a Ridesharing Accident
A car accident lawyer at Morgan Legal Group will help you demand compensation from the driver’s insurance and commercial insurance under Uber or Lyft’s company policy. This means the amount you can get will be higher than demanding compensation from the driver’s auto insurance alone. However, note that requiring payment is not intended for you to be unjustly enriched because of the accident. The amount of claim you will receive shall be proportional to your injury and any loss of income you have sustained. Thus, you cannot demand an excessive amount to compensate you for minor damage or injury. The insurance company will also investigate, if necessary, whether the requested amount is truthful and reasonable.
Next Steps Forward
After a car accident, it is best to keep calm and allow a car accident lawyer to help you with legal predicaments that you may encounter. Trust in the expertise of legal practitioners to assist you in your claims against the insurance company concerned or whoever shall be made liable after an accident. It is not easy to do these tasks alone, so save yourself from the stress of filing claims and leave this to the experts. You may need more time to gather enough evidence for your claim. You can protect your rights better if a lawyer is experienced in handling these cases and can help you with everything you need. Contact a car accident lawyer at Morgan Legal Group to assist you.
Car Accident Lawyers at Morgan Legal Group
The car accident lawyers at Morgan Legal Group are competent to do the job required for filing claims against the appropriate person or concerned insurance company. These lawyers have an excellent background, legal knowledge, and experience handling these cases. All you have to do is take a call, and the staff will lead you directly to the assigned lawyer. We value your trust and confidence, so we are improving our systems to ensure the utmost confidentiality in our affairs and serve you better. We respect your privacy and will try our best to provide a legal remedy for your situation.