If you or a loved one were injured in an accident involving a rideshare company in San Antonio, TX, you may be entitled to compensation. An experienced San Antonio Uber accident lawyer at George Salinas Injury Lawyers can help. Contact us at (210) 225-0909 and we’ll fight to recover fair compensation for your medical bills, lost wages, and your pain and suffering.
With over 110 years of combined experience, we have a proven track record of success you can count on. In fact, we’ve recovered hundreds of millions of dollars for our injured clients over the years.
Why Choose George Salinas Injury Lawyers?
Rideshare services are typically safe and easy to use. With the touch of a button, you can order a ride–and most of the time, those rides go off without a hitch. Unfortunately, when an accident does happen, it can be tough to recover the fair compensation you deserve. Having a lawyer by your side can make a huge difference.
Our San Antonio injury attorneys at George Salinas Injury Lawyers has been recognized by Super Lawyers and Rising Stars. We’ve also been recognized for winning some of the Top 10 Personal Injury Settlements in 2021.
Hiring us means you’ll have a skilled advocate to:
- Conduct a full investigation to determine causation and prove liability
- Calculate the fair value of your accident claim
- Work with leading specialists to strengthen your case
- Protect you if you’re blamed for causing the accident
- Handle the complex insurance negotiations on your behalf
You only have one shot at getting fair compensation for your injuries. Call our personal injury lawyers to learn more about how a lawyer can help with your case.
What Is My San Antonio Uber Accident Case Worth?
The value of your personal injury claim depends on many different factors.
The most relevant factors in your case will be:
- The type of injuries you have sustained
- The cost of your medical treatment and other expenses
- Your lost wages and the impact of the injury on future earnings
- Your emotional and physical suffering
- The Uber driver’s status at the time of the accident
Every personal injury case is different. Uber accident claims contain an additional complication. In addition to proving your case value, you’ll also have to determine which insurance policy applies in your case.
If you have questions about your legal rights and case value, contact our San Antonio Uber accident attorneys at George Salinas Injury Lawyers today. We have the tools and experience to help you determine how much your case is really worth.
What Types of Damages Are Available to Victims in a Successful Uber Accident Case?
Damages in Texas are classified as either economic or non-economic damages. Victims can seek compensation for both types of damages.
Types of financial compensation you may recover include:
- Past and future medical expenses
- Lost wages and reduced future earning capacity
- Physical therapy
- Rehabilitation
- Property damage
- Pain and suffering
- Emotional distress and suffering
- Diminished quality of life
- Physical disfigurement and scarring
- Anxiety, depression, and PTSD
- Inconvenience
- Loss of consortium
Our San Antonio Uber and Lyft accident lawyers will fight to recover every dollar you deserve. Just call our law firm to learn more about your legal options today.
Can I Recover Compensation If I’m Being Blamed for Causing My Uber Accident in Texas?
If you have been accused of causing an Uber accident, you need to take those allegations seriously.
Texas follows fault rules, so those who are responsible for causing an auto accident can be sued and made to pay damages to victims. When multiple parties are to blame, Texas also has a rule called modified comparative negligence. As Texas Code Section 33.001 explains, you can take legal action against someone for a collision as long as they are 51% or more to blame for causing it.
The fault rules, and modified comparative fault rules, mean that if you are wholly or partly responsible for an Uber crash, you could be made to pay compensation to others who were harmed — or could be prevented from getting compensation yourself unless someone else bore the majority of the blame.
There must be a reason why you were at fault, though, and there must be evidence of your culpability. You could be at fault if:
- You were negligent: This is defined as being unreasonably careless compared to a hypothetical reasonable person or violating a safety rule aimed at protecting others.
- Your negligence was the direct cause of the accident: This means the accident would not have occurred if you had not acted the way that you did. Your behaviors must have been the direct and immediate crash cause.
If you were a passenger in an Uber car, it’s difficult to see how you would have been the direct and immediate cause of the accident through your actions — unless you engaged in extreme behavior such as causing a very strong distraction for the driver or doing something like grabbing the wheel when they were operating the vehicle.
If you were on the road in another vehicle and struck an Uber car, or if you were driving for an Uber at the time of an accident, then it is more likely that your careless driving or intentional misconduct would have been a direct crash cause. In these situations, victims of the accident could make a claim against you for their damages if they could prove the elements of their case.
Who Pays My Damages After an Uber Accident in San Antonio?
In any car accident case, the victim can pursue compensation from the party responsible for the crash. Uber accident cases are slightly more complex.
When Uber drivers use their personal vehicles to make a profit, their personal car insurance companies are not required to cover accident claims. Similarly, because Uber and Lyft drivers are independent contractors, rideshare companies are not required to compensate victims when their drivers did cause a crash.
Under current law, Uber and Lyft are now required to carry commercial insurance coverage to protect accident victims in a crash. If you are involved in an Uber or Lyft policy, you may be entitled to file a claim with the rideshare service’s insurance carrier.
The amount of available coverage depends on what the driver was doing at the time of the crash.
If You Are Logged Into the Uber App
When Uber drivers are logged into the Uber app and available to accept a ride request, the following commercial insurance coverage is available:
- $50,000 in bodily injury per person
- $100,000 in bodily injury per accident
- $25,000 in property damage per accident
This coverage is third-party liability coverage. That means it’s only available if your personal auto insurance coverage does not cover all of your damages.
If An Uber Driver Has Accepted a Ride Request
A larger insurance policy becomes available from the moment the driver accepts a ride request in the app until the moment the ride ends in the app.
So, while the driver is en route to pick up passengers and during rides, the following coverage is available:
- $1,000,000 in third-party liability coverage
- Uninsured/underinsured motorist bodily injury coverage
- Contingent comprehensive and collision coverage up to the actual cash value of the car with a $2,500 deductible
Again, you will have to exhaust all other types of insurance coverage before these policies become available.
If The Uber App Is Off
If the driver is not available to accept passenger requests, the driver’s own personal insurance coverage will apply.
How Do Rideshare Accidents in San Antonio Happen?
Rideshare accidents happen the same way that any other accidents do. Drivers — either for the Uber vehicle or for other cars on the road — engage in high-risk behavior. Some common examples of the types of driver mistakes that could result in a rideshare accident include:
- Driving while fatigued
- Driving while distracted
- Driving while impaired
- Speeding
- Failure to obey traffic signals
Certain types of accidents are more common in Ubers than in other vehicles because of the nature of the rideshare work.
Rideshare drivers often travel on unfamiliar roads where they are at greater risk of a collision. Some drive for long periods of time with the goal of making a certain amount of money and are more likely to become fatigued. Uber drivers may also be more likely to drive distracted as they refer to their Uber app.
When a rideshare accident does occur, it will be important to determine the crash cause. If a driver violates the rules of the road, this creates a presumption of negligence. That can make it easier for crash victims to make their case since they don’t have to specifically prove that the driver’s behavior was unreasonably careless. It’s enough to point to the regulatory violation.
A San Antonio Uber accident attorney can provide assistance in identifying and proving the cause of a rideshare accident. George Salinas Injury Lawyers will gather evidence like witness statements, police reports, phone logs, and more in order to show how a collision occurred and who you can hold accountable if you were a victim.
Understanding Uber Insurance Coverage
Uber accidents are more complicated than many motor vehicle collisions because of the fact that there may be multiple insurance companies providing coverage depending on when the collision happened.
Uber drivers are not employees of Uber in Texas. They are independent contractors. While Painter v. Amerimex Drilling I, Ltd makes clear the rule in Texas is that “an employer is vicariously liable for its employee’s negligent acts if those acts are within the course and scope of his employment,” this does not apply in situations where an Uber driver causes a crash.
Since Uber doesn’t employ drivers, the company can’t be held vicariously liable for accidents that drivers cause. Uber does, however, have insurance coverage in place that can pay for losses in certain situations.
Here are the rules for how Uber insurance works, according to the rideshare company:
- If an Uber driver is offline, they must rely on their own auto insurance coverage if they cause a crash to occur and harm others. Uber requires anyone driving for the company to comply with state mandatory minimum auto insurance requirements.
- If an Uber driver is online and available for a trip, Uber has third-party liability insurance that will pay for damages. Uber’s third-party liability insurance policy provides up to $50,000 per person and $100,000 per accident in bodily injury liability coverage that pays if the driver injures others. Uber’s policy also provides up to $25,000 in property damage liability coverage.
- If an Uber driver is en route to pick up a passenger or is on a trip, then Uber has $1,000,000 in property damage and injury liability coverage. Uber also provides coverage in these situations to repair the driver’s car, with a $2,500 deductible — but this is contingent upon the driver having collision coverage on their personal policy.
Uber drivers are also allowed to buy optional injury protection that covers their own medical expenses if they are hurt on a trip.
George Salinas Injury Lawyers can help you to determine if this Uber coverage applies in your specific car accident claim and can assist you in identifying all possible ways to pursue a claim for compensation so you can recover the full amount of money you deserve. Reaching out to a San Antonio Uber accident attorney at our firm is a wise choice when you need help understanding the ins-and-outs of how rideshare insurance coverage could pay for your losses.
Can I Recover Compensation If I’m Being Blamed for Causing My Uber Accident in Texas?
It’s important to take accusations that you share blame for an accident seriously. Texas has modified comparative negligence laws. If your percentage of fault reaches 51%, you’ll be barred from recovering any compensation at all. If your share of fault is less than 51%, you can recover a portion of your damages.
Our San Antonio Uber Accidents Attorneys Will Fight To Recover Compensation for All of Your Injuries
If you were involved in a rideshare accident, you may have suffered severe injuries and property damage. Our San Antonio car accident lawyers will fight to recover every dollar you deserve.
We often represent accident victims who have suffered:
- Cuts and lacerations
- Broken bones
- Whiplash injuries
- Soft tissue damage
- Traumatic brain injuries
- Spinal cord injuries
- Head and neck injuries
- Chest injuries
- Concussions
- Seat belt injuries
- Organ damage
- Burns
- Amputations and loss of limbs
- Paralysis
- Catastrophic injuries
- Wrongful death of a loved one
If you were injured because someone else was careless, call George Salinas Injury Lawyers to schedule a free case review today. We’ll determine who may be responsible for your damages.
What Causes Most Uber and Lyft Accidents in San Antonio, Texas
Some Uber drivers spend most of their day behind the wheel. Others may only accept a ride or two. Either way, your rideshare driver hasn’t received any specialized training or licenses. Uber and Lyft drivers are just as likely to cause a crash as anyone else.
Some of the most common causes of Uber and Lyft accidents include:
- Fatigued driving
- Texting while driving
- Stopping suddenly or in dangerous locations for passenger pickups
- Speeding
- Failure to yield the right-of-way
- Tailgating
- Aggressive driving
- Dangerous turns
- Racing through intersections to beat a yellow light
- Running a red light or stop sign
- Drunk driving
- Driving under the influence of drugs
- Failure to maintain the Uber vehicle
- Defective vehicle components
- Poor visibility and bad road conditions
Uber drivers are often distracted by their GPS and the Uber app itself. That means distracted driving is much more likely to plan a role in causing Uber accidents.
How Do I Prove Liability After an Uber Accident in Texas?
Once you identify the cause of your accident, you’ll have to provide proof about who was responsible for your injuries. Most accident victims must prove negligence to recover damages after an injury.
Negligence means that:
- The responsible party owed you a duty of care
- They breached that duty of care
- The breach was a direct cause of the accident
- You suffered damages due to the accident
Different types of evidence can be used to support your claim. Our car accident lawyers can review data from the Uber app, interview witnesses, and even locate video surveillance footage that can help us better understand what happened.
How Long Do I Have To File an Uber Accident Lawsuit in Texas?
The statute of limitations in Texas personal injury cases is only two years. Once the accident happens, you have two years to file a personal injury lawsuit for damages. After the two-year deadline passes, the courts will refuse to hear your case. In other words, you’ll lose your right to pursue compensation.
Contact a San Antonio Uber Accident Lawyer for a Free Consultation
Uber has made it much easier for many people to get around San Antonio. Still, if you were injured in an accident, the consequences can be severe. An experienced San Antonio Uber accident attorney at George Salinas Injury Lawyers can help you seek compensation to help you get back on your feet again. Just give us a call today at (210) 225-0909.