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Our Uber Accident Attorneys Aggressively Pursue Compensation on Behalf of the Injured
Houston Uber Accident Attorneys
According to current company estimates, there are over 3 million Uber drivers who transport over 95 million users worldwide.
The rideshare company, Uber, has become widely popular. According to current company estimates, there are over 3 million Uber drivers who transport over 95 million users worldwide. Uber operates in all major cities in Texas, including Houston, Dallas, San Antonio and Austin. While the company provides a service for many commuters as well as those in need of casual transportation, there are risks involved in riding with Uber. At The de la Garza Law Group, we represent those who have been injured or assaulted during an Uber ride. Our team of experienced Houston personal injury attorneys works diligently to obtain maximum compensation for the injuries our clients have endured.
With the help of Mr. Mario de la Garza all my worries went away. He made the process so easy and met every one of my expectations and more. - Stefanie G.
Houston Car Accidents Caused by Uber Drivers
When someone gets into an Uber, they are placing their lives in the hands of a complete stranger. Rideshare companies such as Uber have been scrutinized for the minimal screening process they employ when determining who is eligible to become a driver. For example, to become an Uber driver, there are only a few requirements:
- Meeting the minimum driving age;
- One year of driving experience;
- A driver’s license; and,
- Completing an online driving screen.
Operating a motor vehicle is a skill, and like any other, it takes time to hone this skill. Most would agree that one year of driving experience is not adequate to make someone an experienced driver. Anyone who meets these requirements can become an Uber driver.
Needless to say, there are hundreds of Houston Uber accidents every year. These accidents range in seriousness from minor fender-benders to fatal traffic accidents. According to a recent study conducted by the University of Chicago and Rice University, rideshare companies are believed to have increased the total number of fatal accidents in the United States by between two and three percent. Many of these accidents occur while an Uber driver is “deadheading,” or driving around without a passenger, waiting for a fare to come in. Recent estimates suggest that Uber drivers spend nearly 40 percent of their time deadheading.
The fact that many Houston Uber car accidents occur while a driver is deadheading is concerning because this has an impact on how Uber’s insurance policy covers any resulting injuries.
Who Is Responsible Following an Uber Car Accident?
Under general personal injury legal principles, accident victims can file a lawsuit to hold an at-fault driver liable for any injuries resulting from the driver’s negligence. Similarly, under the doctrine of vicarious liability, employers can be held responsible for the negligent actions of their employees. However, Uber drivers are intentionally classified as “independent contractors,” in part, to attempt to avoid the company being held liable for drivers’ negligence.
Additionally, Uber’s insurance policy is somewhat complicated in that it breaks the rideshare experience down into three distinct phases.
- Phase One: When an Uber driver’s app is off, or they are not accepting rides;
- Phase Two: The Uber app is open, the driver is accepting rides, but has not yet been paired with a passenger; and,
- Phase Three: When the Uber driver is paired with a passenger and through the duration of the ride.
State law requires that rideshare companies maintain a certain amount of insurance on their driver’s behalf. In Texas, Uber is required to keep insurance on all its drivers in the amount of $50,000 per person/$100,000 per accident in bodily injury coverage and $25,000 property damage coverage per accident. Once a driver matches with a passenger, the required coverage amount increases to $1 million. However, when an Uber driver has their app off or is not accepting ride requests, Uber’s policy will not be implicated at all, and the driver’s personal insurance policy is likely the only available coverage. Thus, during which phase an accident occurs impacts the availability of insurance under the Uber policy.
Uber and Sexual Assault
By its very nature, the rideshare experience puts two complete strangers in close proximity to one another in close quarters. Unfortunately, both Uber drivers and passengers have taken advantage of this situation and committed heinous acts of sexual violence. According to a recent national news report, there were over 3,000 reported incidents of sexual assault in Uber vehicles in 2018. In addition to that, there were nine people murdered, and 58 people killed in Uber car accidents. Those who have been through a sexual assault while in an Uber vehicle may be able to hold the company liable. While Uber’s insurance policy may be implicated in the event of a sexual assault, sexual assaults and other instances of violence may also involve various other theories of liability.
Anyone who has been assaulted, sexually or otherwise, in an Uber, either as a driver or passenger, should consult with a dedicated Houston personal injury lawyer for immediate assistance. We keep all consultations completely confidential, and always come from a place of understanding and respect.
Fatal Accidents
Recent studies have shown that rideshare companies are responsible for a two to three percent increase in the total number of fatal accidents in the United States. When a person dies in a motor vehicle accident, an enormous void remains in their family. Their spouse, children and parents go on living with amputated spirits, for with the death of their loved one, a part of them also dies. This horror plays itself out on Texas highways all too often. This is not acceptable. We must make the roads and highways safer for all Texans. And we can.
Holding Negligent Drivers Accountable
How do we make the highways safer? With good trial lawyers. Good trial lawyers hold the negligent people and companies economically accountable for the harm they cause. Skilled trial lawyers can show and tell the jury their clients’ horror stories, how they happened and why they happened, so that juries can deliver verdicts that echo throughout Texas and serve as powerful reminders for all to be careful, responsible drivers on our highways.
At The de la Garza Law Group, we represent families who have lost loved ones in motor vehicle accidents of all kinds, including Uber accidents.
When someone gets into an Uber, they are placing their lives in the hands of a complete stranger. Uber has basic requirements for its drivers. They must:
- Be of legal driving age;
- Have a license to drive;
- Have one year of driving experience; and
- Complete an online driving and criminal history screen.
Given the lax requirements, it is no surprise that there are many Texas Uber accidents each year. Recent studies have shown that rideshare companies are responsible for a two to three percent increase in the total number of fatal accidents in the United States.
Wrongful Death Claims in Uber Accidents
When someone is killed in a Texas car accident, surviving family members can bring a wrongful death claim against the at-fault parties. Under section 71.001 of the Texas Civil Practice and Remedies Code, a spouse, parent or child may bring a wrongful death claim.
In the case of a fatal Uber accident, there can be several potentially liable parties, including:
- The Uber driver;
- Another driver; or
- The manufacturers of one or more of the vehicles involved in the accident.
To succeed in a Texas wrongful death claim, the party bringing the claim must present evidence to establish each of the following elements:
- The defendant owed a duty of care to the deceased accident victim;
- The defendant violated that duty by some action or failure to act, and
- The defendant’s violation of that duty resulted in their loved one’s death.
Wrongful death cases are defended by insurance companies with teams of highly skilled lawyers that develop creative defenses in an attempt to avoid liability. Good Texas trial lawyers that are experienced in personal injury can help develop strong strategies for success against any such defenses.
Compensation in a Fatal Texas Rideshare Accident
Under Texas law, there are generally two types of damages: actual and exemplary. Actual, or “compensatory” damages are further classified as either economic or non-economic damages. Economic damages are those that are relatively easy to quantify. The following are common types of economic damages in a wrongful death case:
- Loss of inheritance
- Psychological expenses for the surviving family member
- Loss of services
Non-economic damages are those that are harder to quantify, but equally as important. For example, non-economic damages in a wrongful death case may include the following:
- Loss of companionship and society
- Loss of consortium
Unlike actual or “compensatory” damages, exemplary or “punitive” damages are not designed to compensate the claimant for their losses. Instead, they are designed to punish, to make an example of the wrongdoer based on their egregious behavior. In rare cases where the wrongdoer’s gross negligence resulted in the death, exemplary damages may be awarded.
The probable amount of a verdict or settlement in a wrongful death case varies depending on the case. The following factors are typically important in estimating the value of a wrongful death case:
- The accident victim’s age;
- The accident victims’ profession, past earning history, and future earning potential;
- Whether the accident victim is survived by a spouse and/or children;
- Whether the accident victim was partially responsible for causing the fatal accident.
Typically, the at-fault driver’s insurance company defends the case. Thus, another factor that may impact the amount of compensation in a Texas wrongful death case is the amount of available insurance.
Fatal Uber accidents that occur during a pre-arranged ride are covered up to $1,000,000 for passengers. Uber drivers injured by another motorist are primarily covered by the at-fault motorist’s policy. Uber also provides an additional $1,000,000 in uninsured/underinsured motorist protection coverage. These figures represented the total coverage amount, regardless of the number of people injured or killed in the accident.
If an Uber driver, pedestrian, bicyclist or another motorist is injured in a collision at a time when there is not an Uber passenger in the car, different insurance limits may apply. For example, if the accident occurs while the driver is waiting for a fare, Uber’s insurance policy only offers $50,000 per person, up to $100,000 per accident. This coverage is second-in-line behind the Uber driver’s own coverage.
Contact The de la Garza Law Group to Speak With an Experienced Houston Uber Accident Lawyer
Houston Uber accidents happen every day, forever changing the lives of those who are impacted. Our team of attorneys provides clients with a unique form of client-centered representation that puts their needs first. At The de la Garza Law Group, every case is personal. While we have over 30 years of combined experience handling Houston personal injury cases, we cannot know what is important to you until we take the time to get to know you and how the accident has impacted your life.
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Me being a 21 year old juggling my time as a full time employee and a full time college student dealing with a car accident sounded terrifying, but with the help of Mr. Mario de la Garza all my worries went away. He made the process so easy and met every one of my expectations and more. I would highly recommend The de la Garza Law group to anybody especially young adults who are terrified of having to deal with a car accident for the first time. Trust and believe The de la Garza Law Group will not disappoint. - Stefanie G.
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At The de la Garza Law Group, we represent clients injured in Houston rideshare accidents.
Our team of committed Houston personal injury lawyers is dedicated to helping clients obtain compensation for their injuries. We aggressively pursue compensation for your injuries in both settlement negotiations and at trial. If you been injured in an Uber car accident or assaulted during an Uber ride, contact The de la Garza Law Group today. We offer all clients a free, no-obligation consultation in which we will provide an honest and thorough assessment of your case. To learn more, call 713-784-1010, or call toll-free at 844-784-1010.
We proudly represent clients throughout Texas, including all major metropolitan areas. We represent many clients throughout the greater Houston area, including Harris County, Fort Bend County, Galveston County, Brazoria County, Jefferson County, Chambers County, Waller County, and Montgomery County, including The Woodlands, Pearland, Pasadena, Baytown, Clear Lake, Galveston, Conroe, and Sugar Land.