Every year, thousands flock to Austin, Texas for the South by Southwest (SXSW) festivals and conferences. With events spread out across the city, many attendees rely on rideshare services like Uber and Lyft to get around. However, with the influx of traffic and distracted drivers during this busy period, rideshare accidents unfortunately spike.
If you’ve been injured in a rideshare accident during SXSW, you have legal rights and options for seeking compensation – but you need to act quickly. Here’s what you need to know about rideshare accident claims, and how an Austin personal injury attorney can help.
Document the Scene and Your Injuries
If you’ve been in a rideshare accident, the first thing you’ll want to do after making sure you and other passengers are safe is to gather evidence. Take photos of any vehicle damage, injuries, and the scene of the accident. Get contact details and insurance information from the rideshare driver, as well as the names and numbers of any witnesses.
Make sure to seek medical attention even for minor injuries, as some symptoms may not set in immediately. Thoroughly document any diagnoses, treatment plans, and expenses. All of this information will help support an injury claim later.
In addition to external injuries, make sure to describe any soreness, aches, or pains you experience in the days following the accident. Internal injuries like whiplash may take time to fully manifest. Keep a journal tracking your pain levels, discomfort, emotional state, sleep difficulties, or any other issues you notice after the collision. This creates a detailed record of how the accident is impacting your life.
Understand Liability Laws for Rideshare Accidents
To receive compensation after a rideshare accident, you must prove that the driver was liable based on negligence. Rideshare drivers owe passengers a duty of care to operate their vehicle safely. If they breach this duty through reckless or distracted driving, they can be held financially responsible for any resulting harm.
Specifically in Texas, liability usually falls on the rideshare driver in an accident. Texas follows modified comparative negligence rules, meaning you can recover damages if you were at fault for 49% or less of the accident.
But who else might share responsibility? Rideshare companies themselves try to avoid liability by classifying drivers as independent contractors. However, injured passengers have argued that companies should share fault for inadequate driver vetting and training. Recent lawsuits have pressed Uber and Lyft to implement fingerprint background checks, citing the pattern of sexual assault complaints.
Consider the claims you may be able to bring with the help of an attorney:
- Driver negligence against the rideshare driver directly
- Vicarious liability against the rideshare company
- Negligent hiring or training against the rideshare company
- Product liability claims if an equipment defect like faulty brakes contributed to the crash
Your attorney can assess the liable parties based on the specifics of your accident and injuries. They use legal avenues like requests for production to gather additional evidence from rideshare companies, pursuing every source of compensation.
File a Claim with Insurance
Most rideshare companies provide two forms of insurance:
- Contingent liability coverage while the driver is logged in and waiting for a ride request. This covers bodily injury and property damage up to $50,000 per accident.
- Excess liability insurance when the driver has accepted a ride request. This also covers up to $1 million in damages.
You’ll want to file a claim with the applicable insurance after the accident. The process may vary based on your rideshare provider:
Uber Accident Claims
- Report your claim through the Uber website or app within 24 hours. Provide photos, medical records, and other documentation.
- Uber’s team investigates and may provide a settlement offer. You can choose to accept or decline this initial offer.
- If declined, Uber forwards the claim to Uber Captive to handle.
Lyft Accident Claims
- Report the accident through the Lyft website or app immediately. Submit evidence like photos and witness statements.
- Lyft forwards the claim to their insurance provider Liberty Mutual. A claims adjuster reaches out within 24 hours.
- You provide more documentation as requested. Liberty Mutual makes a liability decision and settlement offer.
Be aware that the company may try to offer a quick settlement to close the matter, when you may deserve more for the damages. Having an Austin rideshare attorney represent you can prevent lowball offers.
Calculate Damages in Your Rideshare Accident Claim
If you pursue a personal injury lawsuit after a rideshare accident, you can claim various damages including:
- Medical expenses: All costs related to medical treatment, from the ambulance ride to medications and physical therapy. Keep detailed receipts and billing statements.
- Lost income: For missed work due to recovering from crash injuries. Gather documentation like pay stubs and a letter from your employer.
- Loss of future earning capacity: If your injuries will impact your long-term ability to earn the same income over your career. A financial expert can quantify this.
- Pain and suffering: There is no fixed formula for calculating this difficult-to-measure damage. Your attorney presents evidence about the extent and duration of your physical pain and mental anguish.
- Disfigurement or disability: If your injury causes permanent scarring or loss of regular function. The more the accident affects your quality of life, the higher this category of damages.
- Wrongful death damages: Families can claim loss of companionship, funeral costs, and other expenses if a loved one is fatally injured.
Your attorney will put a dollar amount on every category to demonstrate the full impact of the accident. They’ll leverage their litigation experience to negotiate the fullest compensation possible.
Consider Hiring an Austin Rideshare Accident Lawyer
Some benefits of working with an experienced Austin rideshare accident attorney include:
- Maximize Compensation: An attorney thoroughly investigates your accident and gathers evidence to prove liability. They negotiate aggressively with insurance companies and pursue legal action if needed to make sure clients receive fair compensation.
- Navigate Complex Laws: Rideshare liability laws continue to evolve. An attorney stays on top of legal developments in Texas so your claim is handled under the latest standards.
- Level the Playing Field: Rideshare companies have vast legal teams representing them. An attorney helps level the playing field and take on these corporate giants.
- Allow You to Focus on Recovery: Your only job is to follow your treatment plan while your lawyer handles the legal process. They determine all potential sources of compensation so you can recover physically, financially, and emotionally.
If you or a loved one has been injured in a rideshare accident in Austin, contact the experienced injury attorneys at Karns & Karns Personal Injury and Accident Attorneys for a free, no-obligation consultation. Call 1-800-4-THE-WIN (1-800-484-3946)to discuss your potential claim. With a strong understanding of Texas liability laws, we can help you pursue maximum compensation so you can move forward after an accident. Don’t leave money on the table – contact us today to protect your rights after a rideshare crash.
