Rideshare services like Uber and Lyft have made getting around Odessa more convenient, but accidents involving these services can be incredibly complex. If you’ve been injured in an Uber accident, you need an experienced Odessa Uber accident lawyer to help you navigate the legal process. At Braker White, we understand the intricacies of rideshare insurance policies and Texas law. Our dedicated legal team is here to help ensure that you receive the compensation you may deserve for your medical bills, lost wages, pain and suffering, and more. Whether you were a passenger or another driver, we are here to fight for your rights.
Were You Injured in a Rideshare Accident in Odessa, TX?
Navigating the legal complexities of rideshare accidents can be challenging, but an experienced Odessa Uber accident lawyer can help guide you through the process. At Braker White, we’re committed to fighting for your rights and securing the maximum compensation you may deserve after a rideshare accident. Schedule your free consultation today!
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Table of Contents
- Uber Accident Causes
- Common Rideshare Accident Injuries
- Compensation You Can Recover After an Uber Accident
- Establishing Fault in Texas Rideshare Accidents
- Rideshare Insurance Explained
- Steps To Take After an Accident in an Uber or Lyft
- How an Odessa Rideshare Accident Attorney Can Help Your Claim
- Uber Accident Lawyer FAQs
- Let an Odessa Uber Accident Lawyer Fight For You
Uber Accident Causes
Rideshare accidents can occur for various reasons, including:
- Distracted Driving: Drivers may be focused on their rideshare app or other distractions instead of the road.
- Fatigue: Uber and Lyft drivers often work long hours, increasing the risk of accidents.
- Reckless Driving: Speeding and other reckless behaviors can lead to severe accidents.
- Negligent Maintenance: Rideshare drivers are responsible for maintaining their vehicles, but some fail to do so, leading to accidents.
Common Rideshare Accident Injuries
Rideshare accidents can cause a range of injuries, from minor to life-threatening. The nature of these accidents, especially when involving high speeds or multiple vehicles, often results in significant harm. Common injuries include:
- Whiplash: A common injury in rear-end collisions, whiplash occurs when the neck is jolted forward and backward rapidly. This can cause severe pain, stiffness, and reduced range of motion.
- Broken Bones: Fractures can occur in the arms, legs, ribs, or even the skull. Depending on the severity, broken bones may require surgery, immobilization, and extensive rehabilitation.
- Spinal Cord Injuries: Spinal damage can lead to partial or complete paralysis. These injuries often require long-term care and can result in permanent disability.
- Traumatic Brain Injuries (TBI): TBIs can range from concussions to more severe brain trauma, potentially leading to cognitive, emotional, and physical impairments.
- Internal Bleeding: Internal injuries can be life-threatening if not detected quickly. Blunt force trauma to the abdomen or chest may cause damage to internal organs, requiring emergency surgery.
If you’ve suffered any injury after an uber accident, seek immediate medical attention. Early documentation of your injuries also strengthens your case if you pursue legal action. Working with an Odessa Uber accident lawyer can help ensure your medical costs are covered, including any future treatments or rehabilitation needs. Reach out today for a free case review.
Compensation You Can Recover After an Uber Accident
In the aftermath of a rideshare accident, the financial burden can be overwhelming, especially when you are faced with costly medical treatments, lost income, and emotional distress. Texas law allows accident victims to pursue compensation for a variety of damages to help alleviate these burdens and ensure justice is served. The types of compensation you may be eligible to recover include:
This encompasses both immediate and ongoing medical treatment. It includes ambulance fees, emergency room visits, surgeries, hospital stays, medications, physical therapy, and any future medical care required due to long-term or permanent injuries. In severe cases, compensation may also cover medical equipment (e.g., wheelchairs) and modifications to your home (e.g., ramps, handrails).
If your injuries prevent you from working, you may be entitled to compensation for the income you’ve lost during your recovery. Additionally, if your injuries result in a long-term or permanent disability that affects your ability to work, you may recover lost earning capacity—a form of compensation for future wages you would have earned had the accident not occurred.
This refers to the physical pain and emotional distress caused by the accident. Unlike medical bills, which have clear dollar amounts, pain and suffering compensation is subjective and calculated based on the severity of your injuries, the impact on your quality of life, and the duration of your recovery. Emotional distress can include anxiety, depression, and loss of enjoyment of life, which may result from enduring trauma or a disability.
If your personal property was damaged in the accident, you may seek compensation for repairs or replacement. This could include damage to your personal items such as phones or laptops, and in some cases, any specialized equipment damaged in the crash.
In cases where the injuries have severely affected your relationship with a spouse or family members, such as the loss of companionship or affection, you may be able to pursue damages for loss of consortium.
In rare cases, punitive damages may also be awarded if the accident was caused by the rideshare driver’s gross negligence or willful misconduct, though these are intended more as a punishment rather than compensation.
Having an experienced rideshare accident lawyer in Odessa can help ensure that all potential damages available to you are accurately calculated and pursued. The financial compensation you recover can be vital for your stability, especially when facing long-term recovery or permanent disability. An attorney can help you seek the full value of your claim and protect you from insurance companies that may try to minimize your settlement.
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Establishing Fault in Texas Rideshare Accidents
Establishing fault in a rideshare accident can be complex due to the multiple parties involved—such as the rideshare driver, other drivers, and even the rideshare company itself. In Texas, proving negligence is essential to hold the at-fault party liable for your injuries and damages. To do this, you must demonstrate the following elements:
- The Driver Had a Duty of Care: All drivers on Texas roads, including Uber and Lyft drivers, are required to exercise reasonable care to ensure the safety of others. This duty extends to other drivers, passengers, and pedestrians.
- The Driver Breached This Duty: A breach occurs when a driver fails to uphold this standard of care. Common breaches in rideshare accidents include distracted driving (e.g., using the Uber or Lyft app while driving), speeding, running red lights, or driving while fatigued. Proving the driver violated traffic laws or was otherwise negligent is key to establishing a breach of duty.
- The Breach Caused Your Injuries: You must show a direct connection between the driver’s breach of duty and your injuries. This requires proving that the accident—and the driver’s negligence—was the direct cause of your harm. Evidence such as police reports, medical records, witness statements, and video footage can be used to link the driver’s actions to your injuries.
In Texas, a modified comparative negligence rule applies. This means that you can still recover damages even if you are partially at fault, as long as your share of the blame is less than 51%. For example, if it’s determined that you were 30% responsible for the accident, your total compensation would be reduced by 30%. If you are found to be 51% or more at fault, however, you are barred from recovering any compensation.
This makes gathering strong evidence critical to proving the other party’s negligence and minimizing any shared liability on your part. Evidence that may help establish fault includes photographs or video footage, police reports, eyewitness testimonies, and the driver’s rideshare app data. An Odessa Uber accident attorney can help you gather the necessary evidence and build a strong case to establish the other party’s fault, improving your chances of recovering fair compensation.
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Rideshare Insurance Explained
Rideshare insurance differs significantly from standard auto insurance policies due to the nature of rideshare driving. Both Uber and Lyft provide varying levels of insurance coverage depending on the driver’s status at the time of the accident. Understanding how this coverage works is essential for recovering the compensation you may deserve. Here’s how the coverage breaks down:
In Period 1, the rideshare app is on, and the driver is available to accept rides but has not yet picked up a passenger. During this time, the driver’s personal insurance may provide some coverage, but both Uber and Lyft typically offer limited liability coverage as well. This coverage usually includes:
- Third-party liability insurance: Up to $50,000 per person for bodily injury
- Up to $100,000 per accident for bodily injury
- Up to $25,000 for property damage
However, this coverage does not include collision or comprehensive coverage, meaning the driver’s own vehicle may not be covered for damage unless they have additional insurance.
Once the driver has accepted a ride request and is en route to pick up the passenger, Period 2 begins. During this period, both Uber and Lyft provide more extensive coverage. This includes:
- $1 million in third-party liability coverage: This protects against claims for injuries or property damage caused by the driver.
- Collision and comprehensive coverage: If the driver has this coverage on their personal insurance, it extends to their rideshare activities, covering damage to their own vehicle.
This is an important period to understand because it marks the point where both the driver and passengers can expect a higher level of protection.
Period 3 begins when the driver has picked up the passenger and lasts until the passenger is dropped off. During this period, the rideshare companies provide the highest level of coverage, including:
- $1 million in third-party liability coverage
- $1 million in uninsured/underinsured motorist coverage: This protects both the driver and passengers if they are hit by a driver without sufficient insurance.
- Collision and comprehensive coverage: Like in Period 2, this is available if the driver has similar coverage on their personal policy.
A skilled rideshare accident lawyer can help determine which insurance policies apply and help you seek the maximum compensation available under the applicable coverage. Contact Braker White today for help with your claim.
Steps To Take After an Accident in an Uber or Lyft
After a rideshare accident, it’s important to take the following steps to protect your rights:
- Seek Medical Attention: Even if you feel fine, some injuries may not be immediately apparent.
- Report the Accident: Notify Uber, Lyft, or the appropriate rideshare company.
- Document the Scene: Take pictures, collect witness information, and file a police report.
- Contact an Odessa Uber Accident Lawyer: Get qualified legal guidance from a rideshare accident attorney who can navigate complex insurance claims, gather critical evidence, negotiate with insurance companies on your behalf, and fight to secure the maximum compensation you may deserve for your injuries and losses.
How an Odessa Rideshare Accident Attorney Can Help Your Claim
Handling a rideshare accident claim alone can be daunting, especially when navigating the complexities of insurance policies and legal requirements in Texas. An Odessa Uber accident lawyer from Braker White can provide valuable assistance throughout the entire process, helping you secure the compensation you may deserve. Here’s how our attorneys can help:
- Investigate the Accident Thoroughly: Our rideshare accident attorneys will conduct a detailed investigation into the circumstances of the accident. This includes reviewing the accident scene, examining vehicle damage, and analyzing any available footage from traffic or security cameras. We will work to uncover all liable parties, whether it’s the Uber or Lyft driver, another driver, or a third party.
- Collect Evidence, Including Witness Statements and Police Reports: Building a strong case requires substantial evidence. We will gather critical documents, such as police reports, medical records, and witness statements. We may also work with accident reconstruction experts or medical professionals to strengthen your claim.
- Handle Negotiations with Insurance Companies to Secure Maximum Compensation: Dealing with multiple insurance companies, including Uber or Lyft’s insurance provider and the at-fault driver’s insurer, can be overwhelming. Insurance companies often try to minimize payouts, but our attorneys will handle all negotiations to help ensure that you receive fair compensation for your medical bills, lost wages, and pain and suffering.
- Assess the Full Value of Your Claim: Our Uber accident lawyers will assess both your economic damages (such as medical expenses and lost wages) and non-economic damages (such as pain and suffering) to determine the true value of your claim. We can help you avoid accepting a low settlement offer that doesn’t fully cover your losses.
- Represent You in Court if a Settlement Cannot Be Reached: While many rideshare accident cases are settled outside of court, some may require litigation. If the insurance company refuses to offer a fair settlement, our attorneys are prepared to take your case to trial and advocate for you before a judge and jury.
With the complexity of rideshare insurance policies and Texas laws, having a skilled Odessa Uber accident attorney by your side helps ensure that your rights are protected, and that you receive the compensation you need to recover and move forward.
Uber Accident Lawyer FAQs
In most cases, you cannot sue Uber or Lyft directly for your accident. These companies classify their drivers as independent contractors, which shields them from direct liability in many situations. However, you can file a claim against the driver’s insurance or Uber/Lyft’s insurance policy if the driver was logged into the app and active at the time of the accident.
Under Texas’s statute of limitations, you have 2 years from the date of the accident to file a personal injury lawsuit. It’s essential to act quickly, as evidence can become harder to collect, and insurance companies may attempt to delay or minimize your claim.
Even if the rideshare driver wasn’t at fault, you can still file a claim against the at-fault driver’s insurance. In this case, Uber or Lyft’s uninsured/underinsured motorist (UM/UIM) coverage may also apply if the at-fault driver does not have sufficient insurance to cover your damages.
If the rideshare driver does not have personal insurance or their insurance denies the claim, Uber and Lyft’s insurance policies provide coverage when the driver is logged into the app. However, the level of coverage depends on whether the driver was waiting for a ride or actively transporting passengers at the time of the accident.
Our Uber and Lyft accident lawyers in Odessa work on a contingency fee basis. This means you won’t pay any upfront legal fees and we only get paid if we successfully recover compensation for you.
Our Odessa Uber Accident Attorneys
Let an Odessa Uber Accident Lawyer Fight For You
Dealing with the aftermath of a rideshare accident can be overwhelming, especially when you’re trying to recover from your injuries. You don’t have to go through it alone. At Braker White, an experienced Odessa Uber accident lawyer is ready to stand by your side, handling every aspect of your case and ensuring that your rights are fully protected. Let us fight for compensation so you can focus on healing. Contact us today for a free consultation, and take the first step toward justice and recovery.