Austin Uber Accident Attorney

In recent years, Uber has become a very popular mode of transportation in Austin, TX. Because of this, there has been a substantial increase in the number of automobile accidents involving Uber vehicles. As compared to typical car accidents, Uber accidents involve some additional legal complications regarding liability and insurance. These complexities can be extremely difficult for victims of Uber accidents to handle alone. This makes hiring an attorney who specializes in Austin Uber accidents extremely important.

If you’ve been injured in an Uber accident in Austin, Loewy Law Firm can help. Our attorneys understand rideshare insurance policies and fight for the compensation you deserve. Call (512) 280-0800 or contact us online for a free consultation.

Why Uber Accidents are Unique

Uber accidents differ from regular car accidents due to the involvement of both the Uber driver and their insurance policy, as well as Uber and its insurance policy. Determining whether the driver or the company is liable, and to what degree, depends on a number of factors and can significantly complicate the process of settling an accident claim.

Common Causes of Uber Accidents

Uber accidents are caused by a variety of factors, but are particularly likely to be caused by:

  • Distracted Driving: Uber drivers regularly use the Uber app to manage ride requests, as well as for communication and navigation purposes. Uber drivers also engage in frequent interactions with their passengers. These actions divert their attention from the road and impair their focus.
  • Driver Fatigue: Uber drivers are more likely to experience driver fatigue due to working long hours and irregular schedules.
  • Traffic Violations: Uber drivers may be more likely to violate traffic laws in an attempt to complete more rides within a shorter time frame and maintain high passenger ratings. Uber drivers are also under time pressure to earn incentives and bonuses offered by Uber for completing a certain number of rides during a certain time period. Some common traffic violations include speeding, running red lights, and improper lane changing.

Negligence

Proving negligence is essential in Uber accident cases to establish liability and secure compensation for damages. In order to prove that an Uber driver was negligent, you must demonstrate that the Uber driver involved in your accident failed to exercise reasonable care, which resulted in harm to you. Here are the key elements of negligence in an Uber accident:

  1. Duty of Care: Uber drivers owe a duty of care to their passengers, pedestrians, and other drivers on the road. This duty involves operating their vehicle safely and following all traffic laws.
  2. Breach of Duty: A breach occurs when an Uber driver fails to uphold their duty of care. Some examples of common breaches are listed above and include distracted driving, driver fatigue, violating traffic laws, and any other action that deviates from standard driving practices.
  3. Causation: The plaintiff in an Uber accident case must prove that the Uber driver’s breach of duty directly caused the accident, as well as the plaintiff’s resulting injuries.
  4. Damages: The plaintiff must then demonstrate that they suffered actual damages as a result of the accident.

Proving negligence in an Uber accident case can be a complex and overwhelming task. An Austin Uber attorney can use their specialized knowledge and experience to ensure that each element of negligence is methodically addressed to construct a compelling case. They are also equipped to counter any defenses that could potentially be raised by Uber or the driver to dispute one, or more, element of negligence.

Texas Modified Comparative Fault

In Texas, the legal framework adheres to a “modified” comparative negligence rule, which influences how fault is allocated and compensation is determined in personal injury cases. This rule allows you to pursue damages even if you are partially at fault for an accident, with one critical stipulation: your fault must not exceed 50 percent. If you are found to be more than 50 percent responsible, you forfeit the right to recover any compensation.

For instance, consider an Uber accident scenario: If a passenger is injured in an Uber crash, and it is determined that the Uber driver was 70 percent at fault for running a red light, while another driver involved was 30 percent at fault for speeding, the injured passenger could pursue a claim against the Uber driver. Conversely, if the investigation reveals that the passenger was 55 percent at fault for distracting the driver, and the Uber driver was only 45 percent at fault, the passenger would not be able to recover any damages due to exceeding the 50 percent fault threshold.

The term “modified” distinguishes this system from “pure” comparative negligence, where a party can recover damages regardless of their degree of fault, and from “contributory” negligence, where any fault bars recovery entirely. Texas’s modified approach strikes a balance, allowing partially at-fault parties to seek justice while setting a limit to ensure fairness in the apportionment of liability.

Common Damages in Uber Accident Cases

Uber accidents can result in a broad spectrum of damages. These damages range in severity and can impact victims physically, emotionally, and financially. Here are some common damages suffered as a result of Uber accidents:

  • Medical Expenses: Medical expenses are often the most immediate and significant costs that stem from an Uber accident. These expenses include costs associated with emergency room visits, hospital stays, surgeries and medical procedures, rehabilitation, physical therapy, medication, and follow-up appointments.
  • Future Medical Costs: Some injuries require long-term or permanent medical care. Damages associated with this include ongoing medical treatment and assistive devices.
  • Property Damage: Uber accidents can cause significant damage to personal property including vehicle repair or replacement, as well as damage to personal belongings damaged in the accident.
  • Lost Wages: Injuries caused by Uber accidents can lead to missed work and lost income. Damages for lost wages can include lost earnings during your recovery period and reduced earning capacity for long-term or permanent reduction in the ability to earn income due to more serious injuries.
  • Pain and Suffering: Victims are able to claim damages for non-economic impacts such as physical pain, emotional distress, and loss of enjoyment in life activities.
  • Punitive Damages: In cases where an Uber driver’s conduct was particularly reckless or egregious, punitive damages might be awarded to punish the driver and deter similar behavior in the future.

Hiring a personal injury lawyer after an Uber accident can significantly increase the likelihood of obtaining higher compensation. This is because lawyers have the expertise to navigate complex insurance policies, the skills to thoroughly investigate and prove damages, and the negotiation tactics to counter the common tactics used by insurance companies to undervalue claims.

Liability in Uber Accidents

Determining liability in Uber accidents can be extremely complex due to the roles of both Uber and the Uber driver, and there can be disputes over whether the rideshare company’s corporate insurance policy should apply or the personal insurance policy of the driver. Generally speaking, an Uber driver’s coverage under Uber’s corporate policy depends on the driver’s “status” at the time of the accident:

  • Offline: If the driver is offline, they are not logged into the Uber app and are not available to accept ride requests. If the driver is offline, they are considered to be using their vehicle for personal use, and Uber’s corporate insurance does not apply.
  • Available/Waiting for a Ride: If the driver is available or waiting for a ride, they are logged into the Uber app and ready to accept ride requests, but they are not actively carrying a passenger. In this instance, Uber provides drivers with contingent liability coverage. This coverage includes:
    • $50,000 per person for bodily injury$100,000 per accident for bodily injury
    • $25,000 for property damage
  • En Route to Pick Up a Rider: If the driver is en route to pick up a rider, they are logged into the Uber app, have accepted a ride request, and are on their way to pick up the passenger. When an accident occurs during this period, Uber’s corporate insurance applies, providing $1 million in liability coverage, along with some additional coverages.
  • Transporting a Passenger: If a driver is transporting a passenger, Uber’s corporate insurance and liability coverage applies.
  • Uninsured: Uber requires that drivers maintain personal insurance at the mandatory minimum limits required by law. If a driver does not comply with this requirement, Uber’s insurance policy will not cover any repairs to that driver’s car, even if the driver was en route to pick up a rider or transporting a passenger at the time of the accident.

Understanding the nuances of Uber’s corporate insurance can be extremely challenging. An experienced Austin Uber accident attorney can navigate these nuances for you and make sure that your claim is filed correctly and on time. Your attorney can also handle disputes that may arise between Uber’s insurance and the Uber driver’s insurance, and ensure that you receive maximum compensation for your accident.

Steps to Take After an Uber Accident

Being involved in an Uber accident can be a stressful and confusing experience. Knowing the steps to take immediately after the accident can help protect your rights and make sure that you receive the compensation that you deserve. Here is a detailed guide on what to do following an Uber accident:

  1. Ensure Safety: The first priority is to check for injuries and ensure that everyone involved in the accident is safe. Move to a safe location if necessary.
  2. Call 911: Even if the accident seems minor, it is essential to report the accident to emergency services. Request medical assistance if needed and ask for the police to be dispatched to the scene.
  3. Call the Police: If the police are not already on their way due to your 911 call, call the police to ensure that they come.
  4. Police Report: When the police arrive, make sure to file a police report. A police report will provide an official account of the incident, which is crucial for insurance claims and legal proceedings.
  5. Exchange Information: Collect the contact and insurance information of all drivers involved in the accident. Specifically, you will need the Uber driver’s name, license number, contact details, and policy numbers for both their personal insurance, as well as Uber’s corporate insurance. Gather the contact information of any witnesses, too.
  6. Document the Scene: Take photographs of the scene of the accident, including all vehicles involved, any visible injuries, and road conditions. If possible, capture multiple angles to provide a comprehensive view of the incident.
  7. Report the Accident to Uber: If you are an Uber passenger at the time of the accident, log into your Uber app and report the accident. Navigate to the “Help” section, then select “Trip Issues and Refunds” and choose the appropriate trip. Follow the prompts to report the accident and provide the necessary details.
  8. Notify Your Insurance Company: Contact your insurance provider to report the accident and begin the claims process. Provide them with all relevant information and the police report number.

Hiring Loewy Law Firm for Your Uber Case

Experiencing an Uber accident can be overwhelming, especially with the emotional, physical, and financial strain it can often bring. Hiring an Austin attorney who specializes in Uber accident cases can make a significant difference in securing fair compensation and protecting your rights. With a proven track record of success, Loewy Law Firm stands out as a premier choice for handling Uber accidents in Austin. Loewy Law Firm has a strong history of successfully representing clients in personal injury cases, including Uber accidents. Our Austin car accident attorneys are well-versed in the unique legal and insurance issues specific to rideshare accidents, and this expertise allows us to understand the nature of Uber’s insurance policies quickly and effectively. Contact us today at (512) 280-0800 or via our contact page.