Yes. When you suffer damages in a Dallas rideshare accident involving an Uber driver, you may sue the company for damages. However, you must prove negligence on their part and provide enough proof to support your claim.
Since Uber drivers are independent contractors, it may not be possible to sue the company for damages caused by their vehicles in some instances. In some cases, you would file an insurance claim against the driver’s personal insurance. Or, you would file an insurance claim against Uber’s insurance.
How does Uber’s Insurance Policy Work?
Uber has a $1 million insurance policy to cover damages caused by the company’s negligence or their drivers. However, this policy only applies if you were a passenger in their vehicle at the time of the crash. It can also cater to damages if you were driving another car or a pedestrian.
Uber’s insurance cover will not compensate for damages caused by a rideshare accident in Dallas under certain circumstances. For example, if the driver was off the clock during the crash, the company may not compensate you. Apart from that, if they were available but not carrying a passenger, you cannot sue the company.
When an accident happens under such circumstances, you may claim compensation from the driver’s insurer. Still, if their cover is not enough to reimburse all damages, Uber may top up to specific limits. These are a maximum of $25,000 for property damages and $100,000 for personal injury. You also may be able to file a lawsuit against the driver in this case.
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Will I Get Compensation If I Was Not Wearing a Seatbelt?
Since wearing a seatbelt is a mandatory road safety rule, you will also be partly liable for the accident. This implies that you can receive compensation, but the company will reduce it by your percentage of fault.
If the court determines that failure to wear a seat belt contributed to 20% of your injuries, you may receive reimbursement for 80% of the damages. Still, since Texas applies comparative fault rules, you may not get a settlement if you were more than 50% at fault.
Which Evidence Do I Need When Suing Uber for a Dallas Rideshare Accident?
Suing Uber for a rideshare accident in Dallas requires presenting enough evidence in court. For example, you must submit various documents showing that the company or their driver was negligent. Some of the details you can use are:
- Witness statements
- Police reports
- Surveillance footage
- Reports from an accident reconstructionist
Once you prove that Uber was liable for the car crash, it is critical to support your case with enough proof to boost the chances of getting a settlement. For example, when seeking compensation for physical injuries, ensure you provide detailed medical records.
If the accident happened when you were in another vehicle, provide repair receipts when claiming reimbursement. Another form of evidence you can use during the lawsuit is images showing the damages caused to your car.
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Which Damages Can I Recover After a Rideshare Accident in Dallas?
Filing a lawsuit against Uber can compensate for a broad range of damages. In most cases, these will depend on the crash’s impact on your life and if you were a passenger or a driver in another car. Since a rideshare accident can cause severe injuries, you might need to stop working until you recover.
Suing Uber for the crash may help you get reimbursement for lost income. You can also claim a higher amount if the injuries or their effects cause you lost career opportunities.
Other damages you can sue Uber for are:
- Mental health damages
- Loss of earning capacity
- Expenses for replacing a totaled car
- Pain and suffering
Some injuries sustained in a Dallas rideshare accident may need prolonged medical care. For example, you may require physical therapy and rehabilitative care if you suffer a spinal injury.
Consult a Physician
Before suing Uber for medical expenses, it is always advisable to consult your physician. They can help you evaluate whether your injuries will require medical care in the future. They may also estimate the cost of each treatment and write a medical report for proof.
With such documents, you may then claim future medical expenses and loss of life quality when filing a lawsuit against Uber.
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Determine If You Can Sue Uber for a Dallas County Rideshare Accident
Connecting with a lawyer after a rideshare accident in Dallas can help make your legal options clearer. Our attorneys want to help you seek compensation. At Loncar Lyon Jenkins, we represent victims of various collisions. We can handle your case from start to finish while you focus on your recovery.
We will assess all your damages to ensure that you claim a fair amount. Call Loncar Lyon Jenkins today or contact us online for a free case consultation.