Why Hire Simmons and Fletcher, P.C. for an Accident Involving an Uber?
The Houston Uber accident lawyers at Simmons and Fletcher, P.C. Injury & Accident Lawyers can help if you were hit by an Uber or injured in an Uber. Call us at 713) 932-0777 for a free consultation with an Uber accident lawyer near you to learn your rights. Simmons and Fletcher, P.C., Injury & Accident Lawyers have been in business since 1979. We have been handling Uber accidents since they came into existence and their drivers started getting into accidents while providing rideshare services. Attorney Paul Cannon is Board-Certified in Personal Injury Trial Law in Texas and has been since 2005. Trial Attorney Chris Fletcher has been handling litigation exclusively since 2009 and has received recognition as a Rising Star from the legal ratings company Thompson-Reuters. Our firm is made up of three highly experienced partners and no associates so that you know if your case must go to court, you are getting experienced representation. We work on a contingency fee basis and the consultations are free. So talk to our legal team today by calling 800-298-0111.
Talk to Our Uber Accident Attorneys in Houston, TX.
Rideshare companies like Uber have been rapidly expanding across the United States as a reasonably priced alternative to riding in taxicabs. Because they are not subject to the strict regulation of taxicabs, their drivers do not undergo the same training or testing that a taxicab company may require. Due to this lack of oversight, you will never know for sure what kind of experience the driver has or what type of service you will receive. Whether you choose to hail a taxi or request a ride, we can’t say for certain which option is safer. However, an Uber accident attorney can certainly help if you or a loved one has been involved in an Uber accident. If you were injured in an accident involving an Uber, contact our Houston office directly at (713) 932-0777.
Do I Need to Hire an Uber Accident Attorney?
You need an Uber accident attorney because rideshare accidents work differently than typical car accidents. accidents differ from other accidents in two main respects:
- The drivers are independent contractors not employees of Uber.
- They have insurance policies that change and even cease to provide coverage depending upon what the Uber driver is doing at the time.
Uber drivers drive their own vehicles and set their own hours. As a result, they are treated as independent contractors under the laws of most states and in most countries that they operate in. This means that when the driver causes an accident, the company itself is shielded from liability for the accident. A second difference is that Uber provides rideshare insurance policies to their drivers which do not operate like normal insurance. Rideshare insurance policies vary in the amount of coverage depending upon whether the driver has accepted a fare, is simply sitting idle awaiting a fare, or is off the clock entirely. Depending upon the driver’s status, there may be zero coverage, $50,000 in coverage, or $1,000,000.00 in liability coverage. Having a lawyer who understands when and how the coverage applies is critical if you want to seek the maximum compensation you are entitled to seek under the law.
Good to Know: If you are a passenger riding in an Uber, and the Uber driver is at fault then you are likely covered with a 1 million dollar liability policy. If the other driver is at fault, then you are at the mercy of that driver’s liability insurance limits. If he has no insurance or too little insurance, you can file on your own uninsured or underinsured motorist coverage. Contact a Houston Uber accident attorney who can help clarify your specific situation.
What Types of Damages Can I Claim From an Uber Accident?
Just like any automobile accident, the victim of the accident will claim damages. Uber accidents can cause catastrophic injuries like spinal cord injuries and traumatic brain injuries, as well as emotional injuries like pain and suffering. A hardworking Uber accident attorney in Houston can help you determine exactly what compensation you can seek for certain damages and injuries. The most common are:
- Medical Expenses
- Mental Anguish
- Pain & Suffering
- Disfigurement
- Lost Wages
- Disability
- Wrongful death claims if families lost a loved one
If you’ve suffered any of these injuries following an Uber accident, act quickly to improve your chances for a favorable outcome. The city of Houston has a two-year statute of limitations on these accident cases, so you must file a personal injury claim within that time. That’s why it’s important to contact a Houston Uber accident lawyer to discuss your case in detail, assess the grounds for proceeding with your case, and file your claim on time.
Good to Know. The amount of liability coverage Uber provides to their drivers depends upon what they are doing at the exact time of the wreck.
- If he or she is assigned to a passenger at the time of the accident there is 1 Million in coverage.
- If he or she is logged in and waiting but unassigned and thus not yet performing rideshare services at the time of the accident, there is $50,000 per person up to $100,000 total and another $25,000 for property damage liability.
- If the rideshare driver is off duty then his personal insurance applies–which varies from state to state but can be as low as $30,000 in Texas. (But beware if you are traveling, some states allow as low as $10,000!)
Understanding legal technicalities and communicating with an insurance company can add additional stress to an already difficult situation. Even though you may have been the victim in an accident, it can feel like you have to fight to seek justice for your injuries. At Simmons and Fletcher, each Houston Uber accident lawyer is dedicated to providing the best service for you. Contact our legal team today for a free consultation and the support you need for your case.
Schedule A Free Consultation with A Houston Uber Accident Lawyer
After a motor vehicle accident or any unforeseen injury, physical and emotional damages can weigh heavily on impacted parties. Add to that the stress of communicating with insurance companies and navigating the process of filing a lawsuit. That’s why we recommend contacting an Uber accident lawyer in Houston, TX for a case review at no cost to you.
Uber cases are nothing new to Simmons and Fletcher, P.C., Injury & Accident Lawyers. These semi-commercial vehicles are increasingly common on the road, and so are the number of accident victims impacted by the negligence of careless drivers. If you were injured while riding in an Uber, speak with one of our Houston Uber accident attorneys today to determine what insurance coverage applies to you and how to make a claim. Make that first step and phone us to get the legal assistance you need. Call (713) 932-0777 today!
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FAQ's
What Should I Do at the Scene of an Uber Accident?
Taking the steps after an Uber accident attorney to build your case.
- Make Sure You Are Safe. Your first priority should be checking for injuries and removing yourself from danger. Seek medical attention for potential injuries or call an ambulance for immediate medical attention.
- Record Your Trip Information. Capture your ride information with a screenshot, including your route, the driver’s first name and last name, and the type of vehicle. Keep this information to pass on to your Houston Uber accident lawyer.
- Take Pictures and Statements. Immediately take photos of the accident scene and the impacted vehicles including the Uber vehicle. Request contact information from any witnesses. All of this information can help your car accident attorney to file a claim and build your injury case.
- Request a Free Consultation With a Houston Uber Accident Lawyer. Talk to a lawyer for free and make sure they have a full account of your accident and your injuries. Complete this form to get in touch with an experienced and dedicated Uber attorney today.
What is the Duty of Care for an Uber Driver?
Uber drivers must exercise the utmost care, skill, and diligence in transporting passengers safely from destination to destination. The law considers them “common carriers.” This means that they transport people from place to place. This is important to know since the jury will be instructed that the duty of care is a ‘high duty of care.’
The high duty of care owed by Uber drivers is defined as “that degree of care that would be used by a very cautious, competent, and prudent person under the same or similar circumstances.” This is a higher degree of care owned than the typical driver who must only exercise ordinary prudence.
The higher standard of care must be timely requested by the attorney seeking to impose the standard upon the Uber driver. Failure to timely request the standard and accompanying instruction will result in a waiver of the imposition of the higher standard.
Does Uber Provide Drivers With Uninsured and Under-Insured Motorist Insurance?
If the driver is logged in and assigned to a passenger then the driver and passenger may be covered in some states with uninsured and underinsured motorist coverage. However, Texas is not one of the states where UM/UIM is provided. You can look up Uber UM/UIM coverge in your state on their website. Even in states where it is provided, if he is not both logged in and assigned a passenger, then no UM/UIM is afforded to the Uber vehicle.
Can I Sue Uber if Their Driver Causes an Accident?
In most states including Texas, Uber drivers meet the definition of independent contractors. This means that Uber is not directly liable for the driver negligently causing an accident. In these states, you sue the driver vs Uber.
Will I Have to Arbitrate and Uber Accident Injury Claim?
If you wish to sue Uber directly over a dispute and you are an Uber user who has agreed to the Uber user agreement, you may be forced to arbitrate your personal injury case against Uber. This may not apply to Uber users who were passengers who did not hail the ride in question or who were hit by an Uber vs riding in an Uber. Consult an attorney who handles Uber accidents to determine your situation. If you sue the Uber driver and not Uber, you will likely not need to arbitrate.
