Victims of rideshare accidents often wonder whether it is possible to sue the rideshare company for their injuries. The short answer to the question is – yes, it is possible, depending on the circumstances. In this article, we tell you how you can file a claim against Uber or Lyft with the help of a San Antonio rideshare accident lawyer and recover damages.
The drivers who work for Uber and Lyft are not considered full-time employees, but as independent contractors. Using this loophole, rideshare companies are able to limit their liability to a great extent.
For example, Uber provides supplemental auto insurance coverage for all its drivers. The policy, however, kicks in only when the driver’s app is switched on. If it is switched off, the driver is liable for the accidents they cause.
For instance, if you are injured by an Uber driver who has switched off his app, you cannot sue Uber. You can sue the driver and recover damages from their insurance company.
If, on the other hand, the driver has switched on the app and is ready to accept ride requests, Uber will pay damages on the driver’s behalf. In this scenario, you can sue Uber with the help of a San Antonio rideshare accident lawyer and recover damages, which may include:
If the driver has accepted a ride and picked up a passenger, you can directly file a claim against Uber with the help of a San Antonio rideshare accident lawyer and seek damages (up to $1,000,000).
In Texas, liability in personal injury cases is determined based on the rule of modified comparative negligence. Under the rule, if you are found to be responsible for your own injuries, your compensation will be reduced depending on the extent of your liability. For example, if you are found 25% at fault for the accident, your compensation will be reduced by 25%.
More importantly, if you are found 51% at fault, you will lose your right to sue the at-fault party, which in this case is the rideshare company. This is why it is critical to choose an experienced San Antonio rideshare accident lawyer who has the expertise and resources to stand up to the rideshare company, gather the evidence needed to prove their culpability, and recover damages.
If you are looking to sue Uber or Lyft for your injuries, the experienced rideshare accident attorneys at Thomas J. Henry Law, PLLC can help you. We have taken up several challenging rideshare accident cases over the years and recovered substantial compensation for the victims and their families.
To find out how attorney Thomas J. Henry and his team of attorneys can help you, call our San Antonio attorneys today at (866) 517-5659 or use this online contact form and schedule a free consultation with one of our rideshare accident attorneys.