Ridesharing Accidents: The Liable One

Determining liability in a ridesharing accident in Houston, Texas involves a careful examination of various factors.

A comprehensive investigation is crucial to establish whether the rideshare driver, the ridesharing company, or a third party bears responsibility for the damages incurred in the accident.

Confirming Rideshare Driver’s Activity

To ascertain liability, the first step is confirming the case involving the rideshare driver’s involvement in the accident.

Part of this involves determining if the driver, or the fault party was using the ridesharing app at the moment of the crash. The specifics of the driver’s engagement with the app play a pivotal role in establishing responsibility:

1. App Off or Driver Not Logged In:

• The ridesharing business is not responsible if the driver is not logged in or if the rideshare app is closed.
• In such cases, the driver must rely on their personal auto insurance for coverage.

2. App On and Waiting for a Rider:

• Once the driver engages with the rideshare app, the company assumes some liability, especially if a ride request has not been received.
• If the driver’s personal insurance is insufficient for the personal injury claims, the rideshare company may cover the accident up to their policy limits.

3. Actively Picking Up or Transporting a Passenger:

• If the driver is en route to pick up a passenger or actively transporting one, the ridesharing company’s insurance policy should cover the accident.

In instances where a third party is at fault, pursuing compensation from their insurance company becomes a viable option.

Understanding Insurance Coverage in Houston, Texas

In compliance with Houston regulations, Transportation Network Companies (TNCs) and their drivers must carry insurance policies.

The liable party from the accident dictates which insurance entity should be contacted:

1. Rideshare Driver’s Insurance:

• If the rideshare driver was off duty or not logged into the app, pursuing compensation from their auto insurance is akin to dealing with a non-commercial driver.
• This could pay for property damage and medical bills costs resulting from collisions on personal injury cases.

2. Insurance for Rideshare Companies:

• Should the ridesharing firm be found accountable, they might have to pay for property damage, lost wages, and medical expenses.

3. Insurance for Third Parties:

• In the event that a third party is at fault, damages may be obtained via a personal injury lawsuit or through that party’s insurance.

Recovering Damages After a Rideshare Collision

After a rideshare accident, victims may be entitled to compensation for economic and non-economic damages. These can include:

1. Medical Costs: Comprehensive Care Coverage

The category of medical costs encompasses not only the immediate expenses associated with initial treatment but extends to cover ongoing and future medical care.

This includes ambulance fees, emergency room visits, surgeries, diagnostic tests, medication costs, rehabilitation services, and any other medical interventions necessitated by the accident.

A thorough evaluation of the present and potential future medical needs ensures that victims are adequately compensated for the full spectrum of their healthcare requirements.

2. Auto Repairs: Restoring Your Vehicle to Pre-Accident Condition

When a rideshare accident results in vehicular damage, compensation for auto repairs is a pivotal component of seeking restitution.

This includes the costs incurred for repairing or replacing damaged parts, addressing cosmetic damages, and ensuring the vehicle is restored to its pre-accident condition.

Whether minor dents or substantial structural damage, the objective is to alleviate the financial burden borne by the victim in restoring their mode of transportation.

3. Lost Income: Recouping Wages During Recovery

The aftermath of a rideshare accident often involves a period of recovery during which victims may be unable to work. Lost income compensation is designed to alleviate the financial strain caused by wages forgone during this recovery period.

This encompasses not only immediate lost wages but extends to include any future income deficits resulting from the accident-related injuries. An accurate calculation of lost income requires a comprehensive understanding of the victim’s employment status, earning capacity, and the duration of their recovery period.

4. Pain and Suffering: Acknowledging Ongoing Physical Strain

Beyond the tangible economic losses, rideshare accident victims may endure significant physical pain and discomfort. Compensation for pain and suffering is intended to address these non-economic damages, encompassing the ongoing physical anguish resulting from the accident.

This includes the immediate pain experienced during the recovery period and any long-term physical consequences.

Assessing pain and suffering requires a nuanced understanding of the individual’s medical condition and the impact of the injuries on their daily life and well-being.

5. Emotional Distress: Recognizing Psychological Impact

Rideshare accidents can leave a lasting imprint on the emotional well-being of those involved.

Compensation for emotional distress aims to acknowledge and address the psychological effects of the accident, such as anxiety, depression, post-traumatic stress disorder (PTSD), or other mental health challenges.

Recognizing and quantifying emotional distress involves a careful consideration of the individual’s mental health history, the severity of the emotional impact, and the disruption caused to their overall quality of life.

Seeking compensation after a rideshare accident involves a multi-faceted approach, addressing not only immediate tangible losses but also the enduring physical and emotional consequences.

A comprehensive understanding of these compensatory elements is essential for personal injury attorney in ensuring that victims receive just and equitable restitution for the full scope of their damages.

Immediate Steps After a Rideshare Accident

In the aftermath of a rideshare accident, it’s crucial to take specific actions:

1. Contact the Police:

• Make a report and give the police a call.

2. Ensure Safety:

• Confirm everyone’s safety and call for medical assistance if needed.

3. Gather Information:

• Collect contact details, insurance information, and statements from involved parties and witnesses.

4. Document the Scene:

• Take photos of the involved cars and the accident scene.

5. Legal Consultation:

• Contact a rideshare accident lawyer to evaluate the potential for a case.

Legal Assistance After a Rideshare Accident

Navigating the complexities of determining liability can be challenging. Seeking legal assistance is essential for a thorough investigation and ensuring fair compensation. Attorneys experienced in rideshare accidents can offer invaluable support by:

• Investigating the accident thoroughly.
• Examining the police report and statements from first responders and witnesses.
• Determining the liable party.
• Filing insurance claims and negotiating settlements.
• Representing clients in court if necessary.

At Roxell Richards Injury Law Firm, our dedicated team of attorneys is committed to assisting you through every step of the process.

With over years of combined experience, we offer free consultations to review your case, answer your questions, and provide around-the-clock legal support.

If you’re uncertain about liability in a rideshare accident, contact us at (713) 974-0388 for a free consultation from houston personal injury lawyer.

Our team is ready to assess your situation, determine liability, and guide you through the legal steps necessary to seek compensation for your damages