Rideshare Accidents in Austin, TX: You Are Not Alone
Have you or a loved one been injured while riding with an Uber or Lyft driver? You are not alone! With a population of over 990,000, accidents happen frequently on Austin’s busy roads. The issue becomes even more complex when a rideshare driver is involved because not only is the driver responsible, but the passenger’s injuries must also be taken into account. If you have been hurt in a rideshare accident, don’t hesitate to contact us right away. Our team of experienced attorneys will fight to get you the compensation you deserve. And the best part? You won’t owe us a penny until we win your case!
We serve the entire Austin area, including but not limited to:
- Downtown
- South Congress (SoCo)
- Zilker
- Clarksville
- East Austin
- Hyde Park
- Tarrytown
- Travis Heights
- Barton Hills
- Mueller
- Westlake Hills
- South Lamar
- Allandale
- Cherrywood
- Crestview
- Bouldin Creek
- Old West Austin
- Rosedale
- Balcones Woods
- North Loop
Uber Accidents and Insurance Coverage in Austin, TX
When it comes to Uber accidents in Texas, the insurance policy of the responsible party is crucial in determining how much compensation you can receive. Thankfully, Uber drivers in Texas are required to have a $1,000,000 insurance policy for both liability and uninsured/underinsured motorist coverage. This means that if you were injured in an accident caused by an Uber driver, you are entitled to compensation for medical expenses, pain and suffering, chiropractic and physical therapy expenses, lost wages, and any other related expenses.
But don’t wait too long to seek legal help! In Texas, the statute of limitations for personal injury lawsuits is two years from the date of the accident. The sooner you contact us, the better we can build a strong case for you.
In Texas, the statute of limitations for personal injury claims arising from car accidents is generally two years from the date of the accident. This means that if you were injured in a car accident in Austin, you have two years from the date of the accident to file a lawsuit against the responsible party. If you fail to file a lawsuit within this time frame, your claim will be time-barred, and you will lose your right to recover compensation for your injuries.
It is important to note that the statute of limitations can vary depending on the circumstances of the case. For example, if the accident involved a government vehicle, you may have a shorter time frame to file a claim. Additionally, if the accident resulted in a wrongful death claim, the statute of limitations may be different from the standard two-year limit.
It is always a good idea to consult with an experienced personal injury attorney in Austin as soon as possible after being involved in a car accident. An attorney can help you understand your legal rights and obligations, including the statute of limitations, and can help you build a strong case to maximize your chances of recovering compensation for your injuries.
In addition to the statute of limitations, there are other legal considerations to keep in mind after a car accident. For example, Texas is a comparative fault state, which means that if you were partially at fault for the accident, your recovery may be reduced proportionally. Additionally, Texas has strict rules regarding the admissibility of evidence in personal injury cases, so it is important to gather and preserve evidence as soon as possible after the accident.
What to Do After an Uber Accident in Austin: A Step-by-Step Guide
Ridesharing services like Uber have revolutionized the way we travel, but they have also introduced new risks and challenges, particularly when it comes to accidents. If you’ve been involved in an Uber accident in Austin, it can be difficult to know what to do next. Here is a step-by-step guide to help you navigate the aftermath of an Uber accident in Austin.
- Step 1: Check for injuries and call for medical help if necessary. Your health and safety should be your top priority. If anyone is injured, call 911 immediately. Even if you don’t feel any pain or discomfort, it’s still a good idea to get checked out by a medical professional as soon as possible.
- Step 2: Contact the police. It’s important to file a police report after an accident, even if it’s a minor one. The police report can provide important evidence for your insurance claim or any legal action you may need to take.
- Step 3: Exchange information with the other parties involved. This includes the Uber driver, any other drivers, and any witnesses to the accident. Be sure to get names, contact information, and insurance information.
- Step 4: Take pictures and gather evidence. Use your phone to take pictures of the accident scene, the damage to the vehicles, and any injuries. If there were any witnesses to the accident, get their contact information and ask if they would be willing to provide a statement.
- Step 5: Report the accident to Uber. Contact Uber through the app or their support line to report the accident. They may have additional instructions for you to follow, such as filing a claim through their insurance.
- Step 6: Contact your own insurance company. Even if you were a passenger in the Uber and not driving, your own insurance company may be involved in the claim process.
- Step 7: Consider speaking with a personal injury attorney. If you were injured in the accident, it’s a good idea to consult with an experienced personal injury attorney in Austin. They can help you understand your legal rights and obligations, negotiate with the insurance companies, and potentially file a lawsuit on your behalf.
Being involved in an Uber accident in Austin can be a stressful and overwhelming experience. However, by following these steps and seeking the help of qualified professionals, you can protect your rights and get the compensation you deserve.
What to do if I’m Involved in a Car Accident While in an Uber
- How long will an Uber lawsuit take?
A:The duration of an Uber lawsuit can vary widely depending on several factors, such as the complexity of the case, the jurisdiction, the court’s schedule, and the willingness of the parties to settle.If the case goes to trial, it can take several months or even years for a final resolution, depending on the complexity of the issues and the number of witnesses and evidence involved.However, many Uber lawsuits settle out of court, which can result in a faster resolution. In such cases, the parties may be able to reach a settlement agreement through mediation or negotiation, which can take several weeks or months. - Will I have to go to court if I file an Uber lawsuit?
A: Whether or not you will have to go to court if you file an Uber lawsuit depends on several factors, such as the nature of the case and whether a settlement can be reached.If the case is not resolved through mediation or negotiation, it may be necessary to go to court. In this case, you or your legal representative will likely need to appear in court and present evidence and arguments to the judge or jury.However, it is important to note that many Uber lawsuits are settled out of court through a settlement agreement. If a settlement is reached, it may not be necessary to go to court, and the case can be resolved without a trial. - What are the requirements for filing an Uber accident lawsuit against Uber?
A: To file an Uber accident lawsuit against Uber, there are several requirements that must be met. These requirements can vary depending on the specific circumstances of the accident, the jurisdiction, and the laws that apply. Here are some general requirements that you may need to meet:- You must have suffered injuries or damages as a result of the accident: To file a lawsuit against Uber, you must have suffered some type of harm as a result of the accident. This harm can include physical injuries, property damage, or financial losses.
- The accident must have been caused by the negligence of an Uber driver: To hold Uber liable for the accident, you must be able to show that the accident was caused by the negligence of an Uber driver. This can include things like reckless driving, distracted driving, or driving under the influence of drugs or alcohol.
- The Uber driver must have been on the clock at the time of the accident: If the Uber driver was not actively working for Uber at the time of the accident, it may be more difficult to hold Uber liable for the accident.
- You must have exhausted other avenues for compensation: Before filing a lawsuit against Uber, you may need to exhaust other avenues for compensation, such as filing an insurance claim or seeking compensation from the at-fault driver.
- You must file the lawsuit within the statute of limitations: Each jurisdiction has a specific statute of limitations for filing a lawsuit. It is important to file your lawsuit within the applicable statute of limitations, or your claim may be barred.
- How long do I have to file an Uber accident lawsuit against Uber?
A: In Austin, Texas, the statute of limitations for personal injury claims, including those related to Uber accidents, is generally two years from the date of the accident. This means that you have up to two years from the date of the accident to file a lawsuit against Uber for your injuries and damages.However, it is important to note that there may be exceptions and variations to this general rule depending on the specific circumstances of the case, such as the age or mental capacity of the plaintiff or if the plaintiff discovers the injury at a later time. Therefore, it is always advisable to consult with a qualified attorney in Austin, Texas, who can advise you on the specific time limits and requirements for your case.It is important to file your lawsuit within the applicable statute of limitations, as failing to do so can result in your claim being barred, and you may be unable to recover compensation for your injuries and damages. - What damages can I recover in an Uber accident lawsuit against Uber?
A: If you are involved in an Uber accident and file a lawsuit against Uber, you may be able to recover various types of damages, depending on the specific circumstances of your case. Here are some common types of damages that you may be able to recover:- Medical expenses: You may be able to recover compensation for the medical expenses you incurred as a result of the accident, including hospital bills, doctor’s fees, and rehabilitation costs.
- Lost wages: If you had to take time off work due to your injuries, you may be able to recover compensation for the wages you lost during this time.
- Property damage: If your property, such as your car or personal belongings, were damaged in the accident, you may be able to recover compensation for the cost of repairing or replacing them.
- Pain and suffering: You may be able to recover compensation for the physical pain and emotional suffering you experienced as a result of the accident and your injuries.
- Punitive damages: In certain cases where the conduct of the defendant is particularly egregious or reckless, you may be able to recover punitive damages, which are intended to punish the defendant and deter similar conduct in the future.
- How much compensation can I expect to receive in an Uber accident lawsuit against Uber?
A: The amount of compensation you can expect to receive in an Uber accident lawsuit against Uber can vary widely depending on the specific circumstances of your case. The compensation will depend on the extent of your injuries and damages, the jurisdiction where the accident occurred, and the laws that apply.To determine the amount of compensation you may be entitled to receive, a court will consider a variety of factors, including:- The nature and extent of your injuries: The more severe and long-lasting your injuries, the higher the compensation you may be entitled to receive.
- The impact of the accident on your life: If the accident has had a significant impact on your life, such as causing you to miss work or limiting your ability to perform everyday activities, you may be entitled to higher compensation.
- The amount of your medical expenses and other damages: The amount of compensation you receive may also depend on the actual costs you have incurred for medical treatment, lost wages, and other damages resulting from the accident.
- The liability of the parties involved: The compensation you receive may also depend on who is found to be at fault for the accident and the extent of their liability.
- Will I have to go to court for an Uber accident lawsuit against Uber?
A: Whether or not you will have to go to court for an Uber accident lawsuit against Uber depends on the specific circumstances of your case. In some cases, the parties may be able to reach a settlement agreement outside of court, which can avoid the need for a trial.However, if a settlement agreement cannot be reached, or if the parties cannot agree on the amount of compensation to be paid, the case may need to go to court. A judge or jury will then determine the amount of compensation to be awarded based on the evidence presented at trial.It is important to note that going to court can be a lengthy and expensive process, and the outcome is not always certain. Therefore, it is generally recommended that you consult with a qualified attorney who can advise you on the best course of action for your specific case, and help you determine whether to pursue a settlement agreement or go to court. - Can I file an Uber accident lawsuit against Uber if I was partially at fault for the accident?
A: Yes, you can file an Uber accident lawsuit against Uber in Austin, Texas even if you were partially at fault for the accident. Texas applies the doctrine of modified comparative negligence, which means that you can still recover damages in a personal injury lawsuit even if you were partially responsible for the accident.Under Texas law, as long as you are not more than 50% at fault for the accident, you can recover damages, but your recovery will be reduced by your percentage of fault. For example, if you were found to be 25% at fault for the accident and your damages were assessed at $100,000, your recovery may be reduced by 25%, resulting in a recovery of $75,000.It is important to note that the rules regarding comparative negligence and fault can be complex, and the specific circumstances of your case may impact the application of these rules. Therefore, it is recommended that you consult with a qualified attorney who can advise you on your legal rights and options, and help you determine the best course of action for your case. - Should I hire an attorney for my Uber accident lawsuit against Uber?
A: It is generally recommended that you hire an attorney for your Uber accident lawsuit against Uber. Uber accident cases can be complex, and having an experienced attorney on your side can help ensure that your rights are protected and that you receive fair compensation for your injuries and damages.An attorney can provide a range of valuable services, including:- Conducting an investigation: Your attorney can conduct an investigation of the accident, gather evidence, and interview witnesses to build a strong case on your behalf.
- Negotiating with the insurance company: Your attorney can negotiate with Uber’s insurance company to obtain a fair settlement offer on your behalf, and advocate for your rights throughout the process.
- Representing you in court: If a settlement cannot be reached, your attorney can represent you in court and argue your case before a judge or jury.
- Advising you on your legal rights and options: Your attorney can advise you on your legal rights and options, and help you understand the potential outcomes of your case.
Overall, hiring an attorney can help ensure that you receive fair compensation for your injuries and damages, and can help you navigate the legal process more effectively.
- How much will it cost to hire an attorney for my Uber accident lawsuit against Uber?
A: The cost of hiring an attorney for your Uber accident lawsuit against Uber in Austin can vary depending on a number of factors, including the complexity of your case, the amount of time and effort required to prepare your case, and the attorney’s experience and hourly rate.Many personal injury attorneys work on a contingency fee basis, which means that they do not charge any upfront fees and only receive payment if you win your case. Typically, the attorney will receive a percentage of the settlement or verdict amount as their fee. In Texas, the standard contingency fee is typically one-third of the recovery amount.It is important to discuss the attorney’s fees and payment arrangements during your initial consultation, so that you have a clear understanding of the costs involved in pursuing your case. Additionally, your attorney can help you understand any other costs that may be associated with your case, such as court fees, expert witness fees, and other expenses.The cost of hiring an attorney for your Uber accident lawsuit against Uber will depend on the specific circumstances of your case and the attorney you choose to work with. It is important to choose an attorney who is experienced in handling Uber accident cases and who can provide you with the guidance and representation you need to protect your interests. - How long does an Uber accident lawsuit against Uber typically take?
A: The length of an Uber accident lawsuit against Uber in Austin can vary widely depending on several factors, including the complexity of the case, the amount of damages involved, and the willingness of both parties to negotiate a settlement.Generally speaking, personal injury lawsuits can take anywhere from several months to several years to resolve. If the case goes to trial, it could take even longer.In Texas, there is a two-year statute of limitations for personal injury claims, which means that the lawsuit must be filed within two years of the date of the accident. However, it is often in the best interest of all parties to resolve the matter as soon as possible, either through negotiations or mediation. - What evidence do I need to provide for my Uber accident lawsuit against Uber?
A: If you are involved in an Uber accident and are considering a lawsuit against Uber, there are several types of evidence that may be helpful to support your case. Here are some examples:- Police report: The police report will provide details of the accident, including the location, time, and circumstances of the accident.
- Witness statements: If there were any witnesses to the accident, their statements can provide important information about what happened.
- Medical records: Medical records will provide evidence of any injuries sustained in the accident, including diagnosis, treatment, and prognosis.
- Photos or videos of the accident scene: If you or anyone else at the scene took photos or videos of the accident, these can provide important evidence of the damage to the vehicles, injuries sustained, and the general conditions at the scene.
- Uber records: Uber’s records, such as trip details and driver logs, can provide important information about the driver’s behavior leading up to and at the time of the accident.
- Expert testimony: Expert testimony can be used to help explain technical aspects of the accident, such as how the accident occurred and who was at fault.
It’s important to note that the specific evidence required for your case will depend on the circumstances of the accident and the specific claims you are making.
- What role does Uber insurance play in an Uber accident lawsuit against Uber?
A: Uber provides insurance coverage for its drivers and passengers in the event of an accident, and this insurance coverage can play an important role in an Uber accident lawsuit against Uber.When an Uber driver is on the app and waiting for a ride request, Uber provides liability coverage of up to $50,000 per person and $100,000 per accident for bodily injury, as well as up to $25,000 for property damage.When an Uber driver accepts a ride request and is en route to pick up the passenger or has a passenger in the car, Uber provides $1 million in liability coverage, as well as uninsured/underinsured motorist bodily injury coverage.If you are involved in an Uber accident and are considering a lawsuit against Uber, the availability and amount of insurance coverage will be an important factor in determining the compensation you are entitled to receive. - Can I settle my Uber accident lawsuit against Uber outside of court?
A: Yes, it is possible to settle an Uber accident lawsuit against Uber outside of court through negotiation and mediation. In fact, many personal injury cases are settled without going to trial.Settling a case outside of court can have several advantages, including:- Speed: Settling a case outside of court can be much faster than going through the trial process, which can take months or even years.
- Cost: Settling a case outside of court can be less expensive than going to trial, as it eliminates the need for costly court fees and legal expenses.
- Control: When you settle a case outside of court, you have more control over the outcome of the case and can negotiate a settlement that meets your specific needs.
However, it’s important to keep in mind that settling a case outside of court means that you are giving up your right to a trial and may receive less compensation than if you were to win at trial. It’s important to consult with an experienced personal injury attorney who can help you evaluate the strength of your case and determine whether settling outside of court is in your best interest.
- How do I negotiate a settlement for my Uber accident lawsuit against Uber?
A: Negotiating a settlement for your Uber accident lawsuit against Uber can be a complex process, but an experienced personal injury attorney can help guide you through the process. Here are some general tips for negotiating a settlement:- Build a strong case: Before you begin negotiations, it’s important to build a strong case by gathering evidence, such as medical records, police reports, and witness statements, to support your claim.
- Determine your damages: You will need to determine the full extent of your damages, including medical expenses, lost wages, and pain and suffering, in order to negotiate a fair settlement.
- Set a starting point: You should come up with a settlement figure that represents the minimum amount you are willing to accept to settle the case.
- Communicate clearly: It’s important to communicate clearly and professionally with Uber’s insurance company and legal representatives, and to be open to their perspective as well.
- Be persistent: Negotiating a settlement can take time and persistence, and it may require several rounds of negotiations before a final settlement is reached.
- Consider alternative dispute resolution: Mediation or arbitration may be options to consider if negotiations stall or if you and Uber cannot agree on a settlement.
- Consult with an attorney: An experienced personal injury attorney can provide guidance and support throughout the negotiation process and help ensure that your rights are protected.
Remember, the ultimate goal of negotiating a settlement is to reach a fair and reasonable resolution that compensates you for your injuries and damages, while avoiding the time and expense of going to trial.
- What happens if the Uber driver does not have insurance?
A: If an Uber driver is involved in an accident and does not have insurance, or if their insurance policy does not provide adequate coverage for the accident, Uber’s insurance policy may provide coverage.Under Uber’s insurance policy, if the driver does not have insurance or their insurance does not provide adequate coverage, Uber provides uninsured/underinsured motorist coverage for bodily injury up to $1 million per accident, depending on the circumstances of the accident. This coverage applies when the driver is on the app and waiting for a ride request, or when the driver is en route to pick up a passenger or has a passenger in the car. - What happens if I cannot afford to pay for the damages in an Uber accident lawsuit against Uber?
A: If you are unable to pay for damages in an Uber accident lawsuit against Uber, it’s important to speak with an experienced personal injury attorney who can help you understand your options.In most cases, if you win a lawsuit against Uber, the damages are paid by Uber’s insurance company, not by the individual driver or passenger. However, if the damages exceed the amount of insurance coverage available, or if the driver or passenger does not have insurance, there may be some risk of having to pay for damages out of your own pocket.In situations where you are unable to pay for damages, you may be able to negotiate a payment plan or settlement agreement that allows you to pay the damages over time. It’s important to work with an attorney to negotiate a fair settlement agreement that takes your financial situation into account and protects your rights.In some cases, you may also be able to pursue other sources of compensation, such as disability or workers’ compensation benefits, or seek financial assistance from charitable organizations or government programs. - Can I file an Uber accident lawsuit against Uber if I was a passenger in the Uber?
A: Yes, as a passenger in an Uber, you have the right to file an Uber accident lawsuit against Uber if you were injured in an accident that was caused by the negligence of the Uber driver or another driver on the road.As a passenger, you are considered a third party in an Uber accident lawsuit, which means that you are not responsible for the accident and can pursue compensation for your injuries and damages from the at-fault party.To file an Uber accident lawsuit as a passenger, you will need to gather evidence to support your claim, such as medical records, police reports, witness statements, and any other documentation that supports your claim for damages. You should also consider hiring an experienced personal injury attorney who can help you navigate the legal process and protect your rights.Keep in mind that as a passenger, you may be entitled to compensation not only from the driver of the Uber but also from other drivers involved in the accident if they were at fault. - What happens if the Uber driver files a counter lawsuit against me?
A: If an Uber driver files a counter lawsuit against you, it means that they are alleging that you were at fault for the accident, and that you caused their injuries or damages.If this happens, it’s important to work with an experienced personal injury attorney who can help you defend against the counter lawsuit and protect your rights.Your attorney will review the evidence in the case and work to build a strong defense against the counter lawsuit. This may involve gathering witness statements, obtaining expert opinions, and presenting evidence that supports your version of events.Ultimately, the outcome of a counter lawsuit will depend on the specific facts and circumstances of the case. If you are found to be partially or fully at fault for the accident, your damages award may be reduced or eliminated.It’s important to take counter lawsuits seriously and to work closely with your attorney to develop a strong defense.
- Can I file an Uber accident lawsuit against Uber if the accident happened out of state?
A: Yes, you may be able to file an Uber accident lawsuit against Uber if the accident occurred out of state and not in Austin, depending on the specific circumstances of the case.When an accident involving an Uber driver occurs out of state, the laws of the state where the accident occurred will generally apply. This means that the legal process for filing a lawsuit may differ from state to state, and it’s important to work with an attorney who is familiar with the laws and procedures in the state where the accident occurred.In some cases, it may be possible to file a lawsuit in your home state, even if the accident occurred in another state. This will depend on the specific facts of the case and the laws in both states.
When to Contact an Uber Accident Lawyer in Austin, TX
If you have been involved in a car accident in Austin, it is important to act quickly and seek the advice of an experienced personal injury attorney. By understanding the statute of limitations and other legal considerations, you can protect your rights and pursue the compensation you deserve.
With so many attorneys in Texas, how do you choose the right one for your case? Start by looking for a law firm that specializes in personal injury cases, like ours. Check their case results and online reviews to ensure they have a track record of success and happy clients. Our team is dedicated to fighting for your rights and getting you the compensation you deserve. Contact us today to schedule a free consultation.
Uber Accidents in the News
Caught on camera: Truck rear-ends Uber driver before crashing into another car
Carson Lopez, an Uber driver, was involved in a car accident in downtown Austin on January 14th, 2017, when a white truck rear-ended his Ford Focus ST while he was stopped at a light at 5th and San Jacinto. The incident was captured on his rear dash camera. Lopez followed the truck to Brazos and Cesar Chavez, where he witnessed it colliding with a BMW. He filed a police report and is waiting for updates on the investigation. He’s temporarily out of a job while he figures out what needs fixing and what insurance will cover. He installed dash cameras last year, and every vehicle he owns in the future will have one.
Article link: https://www.fox7austin.com/news/caught-on-camera-truck-rear-ends-uber-driver-crash-car-downtown-austin
U.S. Army sergeant found guilty of murder in 2020 shooting of Austin protester Garrett Foster
Army Sgt. Daniel Perry, who was driving for Uber, was found guilty of murder by a Travis County jury on Friday, almost three years after he shot and killed Austin protester Garrett Foster during a July 2020 protest in downtown Austin. Perry was also indicted for aggravated assault and deadly conduct charges but found not guilty of aggravated assault with a deadly weapon. Perry claimed he shot Foster in self-defense after Foster aimed his weapon at him, but witnesses said Perry drove threateningly into the crowd before shots were fired. Perry faces at least five years in prison, but murder convictions can result in a life sentence in Texas.
Article link: https://www.texastribune.org/2023/04/07/daniel-perry-austin-protest-garrett-foster/