Texas Rideshare Passenger Rights in a Distracted-Driver Car Accident
Rideshare services like Uber, Lyft, and Alto forever changed how people get around Pearland and the greater Houston area. Unfortunately, distracted driving accidents involving rideshare drivers are rising, leaving passengers with serious injuries. If you were injured as a passenger due to a distracted rideshare driver, you have the right to seek fair compensation.
What Qualifies as Distracted Driving?
Distracted driving happens anytime a driver’s attention is off the road. Common distractions include:
- Texting or using a phone
- Checking the rideshare app for new ride requests
- Eating or drinking
- Adjusting the in-vehicle systems
- Talking to passengers
- Daydreaming
Rideshare drivers are prone to distractions as they rely on apps to accept rides, navigate, and communicate with passengers. Texas law requires all drivers—including rideshare drivers—to prioritize safety.
Who Is Responsible if a Distracted Rideshare Driver Causes an Accident?
If your rideshare driver’s distraction caused an accident, multiple parties may be held responsible for your injuries, including:
- The rideshare driver: If the driver’s actions directly caused the accident, they can be held liable.
- The rideshare companies Uber, Lyft, and Alto provide insurance coverage for passengers during active rides. Depending on the circumstances, their insurance policy may cover your injuries.
- Other drivers: If another distracted driver was involved, their insurance may also play a role in covering damages.
Determining liability will require a full investigation into the facts. An experienced personal injury lawyer can access the critical data to identify the liable parties.
What Compensation Can You Seek as a Rideshare Passenger?
As a rideshare passenger, you have the right to seek compensation for the following:
- Medical expenses: Past and future medical costs can mount quickly after a rideshare accident. Emergency room visits, ongoing treatments, surgeries, and rehabilitation costs must be valued to ensure you are fully compensated.
- Lost wages if your injuries prevent you from working: When you’re unable to work due to injuries sustained in an accident, you’re entitled to compensation for your lost wages. Whether temporarily out of work or permanently disabled, these financial losses can significantly impact your quality of life.
- Pain and suffering: Beyond the physical injuries, pain and suffering may be a significant portion of the damages sought in an accident claim. These damages include physical discomfort, emotional anguish, the impact of long-term impairments or disfigurement, and changes in your quality of life.
- Emotional distress: Rideshare accidents can leave lasting emotional scars, such as anxiety, depression, or post-traumatic stress. The emotional toll of being in a crash and dealing with recovery can impact your mental health. These issues are valued and will be pursued in your claim.
How Can a Personal Injury Lawyer Help After a Distracted Rideshare Accident?
If you’ve been injured in a distracted rideshare accident, your focus should be on healing, not on dealing with complex legal matters. Fortunately, a skilled personal injury lawyer can step in and take care of the essential steps to protect your rights.
- Medical care coordination: If you’re in the hospital, your lawyer will work closely with healthcare providers to ensure you receive the best care possible. They’ll also ensure that your injuries are properly documented, which is crucial for your case.
- Reporting the accident: Your lawyer will communicate with the rideshare company and insurance providers for you. They’ll file the necessary reports and ensure the accident is documented correctly, saving you the hassle and stress of dealing with these entities.
- Investigation and evidence collection: While you focus on recovery, your lawyer will gather all the evidence needed to support your case, including witness statements, contact and insurance information from involved parties, and any photos or videos of the accident scene and damage.
- Negotiating with insurance companies: Insurance adjusters may try to contact you while you’re still recovering. Your lawyer will handle these interactions to prevent you from being pressured into accepting a low settlement offer or making statements that could harm your case.
- Filing a lawsuit: If necessary, your lawyer can help you file a lawsuit against the responsible parties and represent you in court. If negotiations have failed to produce a result, and the party responsible refuses to offer a settlement for your losses, we can move forward with a lawsuit to fight to make it right for you.
Hiring a lawyer increases the chances of obtaining the compensation you need to recover from your injuries.
How Does Texas Law Affect Rideshare Accidents?
Texas law has specific regulations regarding rideshare companies and their drivers, which can influence how liability is determined in an accident. These key laws include:
- Rideshare Insurance Requirements: Rideshare companies must maintain liability insurance that covers passengers. However, the extent of this coverage can vary depending on whether the driver was logged into the app and actively transporting passengers.
- Comparative Negligence: Texas follows a comparative negligence rule, meaning that if you are partially responsible for the accident, your compensation may be reduced in proportion to your share of fault. For example, if you didn’t wear a seatbelt in the passenger seat. The insurance company may use this to try to pin the responsibility for your injuries on you rather than the distracted driver.
Understanding these laws can help you appreciate the complexities of your case. Hiring a personal injury attorney who knows how to navigate them can maximize your chances of a favorable outcome.
How Long Do You Have to File a Rideshare Accident Lawsuit in Texas?
In Texas, the statute of limitations for filing a personal injury claim is generally two years from the accident date. You may lose your right to seek compensation if you don’t file within this timeframe. Fast action is essential, as gathering evidence and finding and interviewing eyewitnesses can take time. Contacting a personal injury attorney as early as possible ensures that critical deadlines are not missed, and your case is managed with legal professionalism.
Get Your Life Back on Track With The Kahn Law Firm, P.C.
At The Kahn Law Firm, P.C., we understand how overwhelming a rideshare accident can be. Our small firm size means your case won’t get lost in the shuffle—you’re more than just a number to us. We provide the compassionate, personal attention you deserve.
We fight for you and hold distracted rideshare drivers accountable. Our team will work hard to secure the maximum compensation for your injuries; your recovery is our top priority. We offer free consultations and work on a contingency fee—you pay nothing unless we win.
If you’ve been injured as a rideshare passenger in Pearland or the surrounding areas, contact The Kahn Law Firm, P.C. today to schedule your free consultation. Let us help you get your life back on track—call 713-999-6549 now.