San Antonio residents regularly use ridesharing services like Leep, Uber, and Lyft as an alternative way to travel around the city. Convenient as they are, a rideshare car does not always make people any safer from road accidents. A negligent rideshare driver can still harm other motorists, pedestrians, and even their passengers.
If you face costly medical treatments or car repairs because of an accident caused by a ridesharing motorist, you have options for getting reimbursed. Get in touch with Ben Crump Law, PLLC at (844) 730-0233 to obtain legal assistance from a San Antonio ridesharing accident lawyer.
Your Legal Options for Getting Compensation
Ideally, you can file an insurance claim with the ridesharing driver’s company-provided auto liability insurance, a requirement under Chapter 1954 of the Texas Insurance Code. The amount of coverage depends on the driver’s status during the accident. They have a 50/100/25 split limit coverage if they do not have passengers on board. This means $50,000 is covered for death or bodily injury to each accident victim in an incident; $100,000 for death or bodily injury to a person per incident; and $25,000 for property damage to others. If the driver had passengers on board, the insurance must cover up to $1 million in damages. But if they were driving off duty, their personal auto liability insurance must cover their victim’s expenses.
One challenge of going against the ridesharing service is that they can argue that the driver is not their employee, but an independent contractor. This tactic reduces the liability they have over the driver’s actions and, therefore, the amount they have to pay you.
For a free legal consultation with a ridesharing accidents lawyer serving San Antonio, call (844) 730-0233
Recovering Damages from a Rideshare Accident
The compensation you may receive from your rideshare accident case has two categories: economic and non-economic damages. The first type reimburses you for the crash’s actual costs, such as hospitalizations, medications, vehicle repairs, or lost wages. Noneconomic damages aim to compensate for your pain and suffering, such as psychological trauma, disfigurements, or disabilities. You may also receive punitive damages if the court finds the driver excessively negligent.
According to Texas Civil Practice and Remedies Code §33.001, Texas has a comparative negligence system which prevents you from recovering any amount if you share more than 50 percent responsibility for the San Antonio ridesharing accident. If you share less than 50 percent, you may still receive compensation, but it will get reduced by the percentage of fault you have.
To illustrate, let us say that the jury declares you 30 percent liable for slightly going over the speed limit, although they still find the rideshare driver more negligent for using their phone while driving. If you were to receive $90,000 initially, you will now only get $63,000 – 70 percent of the total amount.
Before filing any claim or lawsuit to recover from your expenses, you should consult first with a San Antonio ridesharing accident lawyer. They can assess your situation and help you choose the most favorable action. Get in touch with Ben Crump Law, PLLC, by dialing (844) 730-0233 or messaging them through the form on this website.
San Antonio Ridesharing Accident Lawyer Near Me (844) 730-0233
Consider a Rideshare Accident Attorney’s Help
A San Antonio ridesharing accident lawyer can help you search for evidence of the rideshare driver’s liability. The more evidence you have, the more effective your arguments will be when presenting your case in court or negotiating with the insurance provider. Some of the files a lawyer can help you gather include eyewitness testimonies, police reports, and traffic camera surveillance video. A lawyer may also help you get a rough estimate of your recoverable damages by compiling your actual expenses and reviewing your disabilities or other types of pain and suffering you went through.
Studying San Antonio’s and Texas’s transportation, insurance, and other ridesharing accident-related statutes is one of the San Antonio rideshare accident lawyer’s responsibilities. They can explain the laws to you in further detail to save you the time and effort of studying them yourself.
Furthermore, they can use their knowledge to check if the other driver violated any regulations. For instance, they may have gone past the speed limit. You could use this as evidence that they acted negligently and therefore caused the accident, which can help you obtain a more favorable settlement.
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File Your Case within the Time Limit
Since a San Antonio lawyer will be familiar with Texas’s statutes, they will also know the state’s filing requirements for your case. One such rule is the statute of limitations, which is your deadline for submission. You have to make sure that you file your suit on time, as the civil court will not accommodate those that miss the deadline.
According to Texas Civil Practice and Remedies Code §16.003, auto collisions, including your rideshare accident case, have a two-year deadline regardless of whether you suffered from injuries, property damage, or if a crash victim died. The date may get moved if certain circumstances arise. For instance, if the injured victim is still a minor, the statute clock will commence once they are 18 years old. The timer may also pause if the accident disabled you and temporarily prevented you from suing the rideshare driver.
Two years may seem like enough time for your case. However, it is best to get started as early as possible if you have other priorities that may keep you from working on the case. Having an accident attorney assist you can also help ensure that you comply with the deadline.
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Get Assistance with Your Case Today
Seeking reparations after a vehicular accident may cause you additional stress, especially if you are still dealing with injuries, property repairs, or perhaps even the loss of a loved one. Working with a San Antonio ridesharing accident lawyer may help take some of the burdens off of you, especially when it comes to the procedures involved in your case.
Ben Crump Law, PLLC is ready to fight for your right to compensation from your San Antonio ridesharing accident. To learn more about our services, you can call us at (844) 730-0233 for a free initial consultation. We are here to accommodate your inquiries 24/7.
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