The rideshare companies, such as Uber and Lyft, have been a major change to the taxi industry in Austin. These days, many people prefer to summon a car with an app on their smartphones instead of relying on antiquated taxi companies.
Unfortunately, this choice can have disastrous consequences if you suffer an injury in an accident. Uber and Lyft drivers are not employees of their companies, and as such, the companies cannot share blame for your losses. This applies regardless of whether you were driving your own car, a passenger in the Uber or Lyft, or a pedestrian.
Even so, an Austin Uber and Lyft rideshare accident lawyer can help you to pursue the compensation that you deserve. The legal team at Loncar Lyon Jenkins can help explain your legal rights and why a rideshare driver is liable for your losses. Call us at (877) 239-4878 for your free consultation.
Uber and Lyft Drivers Are Independent Contractors Under the Law in Texas
The rise of ridesharing apps such as Uber and Lyft have dramatically changed the transportation options available in Austin. While taxi companies were once the only reliable way to hire a car, now, individual drivers can rent out their vehicles on demand to make extra money on the side. Ideally, this allows timelier service with a personalized touch. However, the concept of ridesharing has created many complicated legal questions.
Identifying who is legally liable is most important to people who have suffered injuries or lost loved ones after an incident involving a rideshare vehicle. Of course, an at-fault driver certainly carries the blame for their own actions. However, years of court cases have pondered the question of whether Uber and Lyft drivers are employees of those companies or independent contractors.
This resulted in a state law that defines when a driver is an employee or an independent contractor. Under Texas Occupations Code §2402.114, a driver is an independent contractor when the company does not set work hours or a driver’s territory. This dynamic applies to Uber, Lyft, and other ridesharing companies’ relationships with their drivers. As a result, a ridesharing driver is always an independent contractor, and the companies are not liable for any damages that result from accidents. Only that driver and potentially their insurance companies carry liability for a crash. An Austin Uber and Lyft rideshare accident lawyer from our team can provide more information about this important legal distinction.
877-239-4878Available 24/7 | 356 Days | se habla español
At-Fault Drivers Are Always Responsible for Their Actions
Even though rideshare companies such as Uber and Lyft may not be responsible for your losses after an accident, this does not mean that you cannot claim compensation after a crash. Drivers of all vehicles are always responsible for their actions, regardless of their legal status as employees, independent contractors, or private citizens.
This is because the law places a duty on every driver to not place other people at an unreasonable risk of harm. This includes following the basic rules of the road, such as stopping at red lights, obeying stop signs, yielding when appropriate, and signaling turns. A driver who is involved in a collision because of a failure to follow these laws is likely to blame for an accident and liable to provide compensation to all affected parties.
Even if a ridesharing driver was not violating a specific traffic law at the time of the collision, they might still be to blame for an accident. Crashes are often the product of distracted driving or fatigue. If an Uber or Lyft driver is at the end of a long shift, lapses in their attention can lead to devastating incidents. Working with the legal team at Loncar Lyon Jenkins can help you to prove whether a rideshare driver was responsible for the accident.
An attorney could also help to shield your case against allegations of contributory negligence. Rideshare drivers may allege that your own poor driving or improper actions as a pedestrian was the source of the collision. According to the Texas Civil Practice & Remedies Code §33.001, courts must evaluate the actions of all parties involved in an accident and assign blame accordingly. If an injured person is more than 50 percent at-fault, the court cannot award any compensation. An Austin Uber and Lyft rideshare accident lawyer can help determine whether you share any of the responsible for the incident.
Call us today at (877) 239-4878 for a free case review.
There Is a Limited Time to Demand Payment
Collisions that involve Uber or Lyft drivers have the potential to affect every part of your life. From costly medical bills, being left unable to work, and lost quality of life, it is essential to pursue a case that demands full payment.
However, no matter how serious your losses may be, there is only a limited time to seek compensation. Under Texas Civil Practice & Remedies Code §16.003, most people who suffer personal injuries because of an accident have no more than two years from the date of loss to file a case in court. Similar time constraints affect cases that may end with an insurance settlement. Hiring a lawyer could help you to meet these important deadlines.
877-239-4878Available 24/7 | 356 Days | se habla español
Protect Your Rights by Contacting an Attorney Today
Uber and Lyft drivers have the same duty as all other motorists to protect others while on the road. This duty extends to other drivers, pedestrians, and their own passengers. Sadly, mistakes that result from distracted driving or a failure to follow the rules of the road are common. The physical injuries and emotional traumas that follow can severely impact your life.
An Austin Uber and Lyft rideshare accident lawyer can help. The legal team at Loncar Lyon Jenkins can take the lead in protecting your legal rights while pursuing your case for all appropriate compensation. Let us use our strong-arm approach to fight for the payments that you deserve from negligent rideshare drivers. Call us at (877) 239-4878 to discuss your case.