Uber AccidentUber Accident Lawyers in Houston
Uber Accident Attorneys in Houston
With the advent of the smartphone, rideshare apps such as Uber have eliminated the need for making a phone call for a taxi, to a simple tap-on-your-app to obtain a ride within minutes at a reduced cost of a taxi. The Uber app is simple to use and is an easy way to obtain a low-cost ride across town. Uber has many different vehicles available for instant transportation, with a simple tap of the smartphone.
Undoubtedly, Uber and other rideshare services have reduced the number of DWI accidents in the city of Houston by simply making available low cost and instant transportation for those who may have been drinking.
Uber classifies its vehicles as UberX, Uber XL, UberSELECT, UberBLACK, UberSUV, and even UberLUX. Regardless of the class of vehicle you choose, if you were involved and seriously injured in an accident as a passenger in an Uber vehicle or in an accident caused by an Uber driver, you may need the help of an Uber car accident lawyer.
Personal Injury Claims Against Uber Drivers:
One of the complexities of an Uber accident is the insurance coverage available for personal injury damages. There is a legal question on which insurance policy applies to the Uber driver. Uber considers its drivers as “contracted partners.” There has been some ongoing litigation in other states regarding the employment status of the drivers. Accordingly, Uber’s position after an accident caused by their driver is that Uber is not liable for the accident. However, that driver may be covered under the Uber commercial insurance policy if they were booked at the time of the crash. Talking with one of the best personal injury lawyers in Houston soon after an uber accident is highly recommended.
Insurance Issues in Uber Cases:
Nevertheless, Uber requires its drivers to obtain a commercial policy that may or may not apply in an accident caused by the Uber driver’s negligence. In short, the accident caused by the Uber driver may be covered by one of three different policies: the driver’s personal auto policy, an Uber commercial policy, and even the passenger’s own auto insurance policy if the passenger had underinsured or uninsured motorist coverage at the time of the wreck.
Whichever liability insurance policy kicks in to cover an accident caused by an Uber driver depends on the driver’s status at the time of the wreck. In practice, if the wreck occurs when the rideshare app is off, the personal auto policy of the driver should apply. If the wreck happens when the app is on, the driver’s personal auto policy may apply as primary and his commercial policy may apply as secondary insurance. Finally, if the accident happens during a ride, the commercial Uber policy should apply for the crash.
Filing a personal injury claim stemming from an Uber wreck can be tricky in that some auto policies may provide more coverage for personal injuries than others. Fortunately, at the Baumgartner Law Firm, we know the insurance coverage issues that are involved with ridesharing crashes and have an incredible track record of success in helping our clients obtain maximum compensation.
If you are injured in a rideshare accident with an Uber driver, you have a right to pursue legal damages for your injuries. As set forth above, many different automobile insurance policies may apply.
Damages for Uber Wrecks in Houston, Texas:
It is always a good idea to speak with a successful injury law firm before your claim gets to far down the road. Learn your rights and options with a Free consultation!
Legal damages in Texas after a car accident with an Uber driver can include the following:
- Medical expenses
- Lost earnings
- Disability and disfigurement
- Pain and suffering
- Mental anguish
Need an Attorney for Uber Accident
Houston Car Accident Claims:From Start To Finish
An Interactive Guide
You hear metal crumpling. Someone just hit your car. Maybe they ran a red light or lost control of their vehicle. Maybe you were rear-ended by a teenage driver on her cellphone.
Either way, you’re angry and frustrated. You have things to do. Places to go. But now, you're standing beside your damaged vehicle waiting for the police to arrive. You start to feel some neck pain.
All that to say: A single, unexpected moment changed everything.
A car accident can strike at any time. Whether you are on your way to work or headed to the store, it doesn’t matter. It’s moments like these that cause the government to require everyone to buy insurance.
A Guide For All Car Accident Victims
In this guide, you will learn:
- How To Handle Yourself When Disaster Strikes
- How To Ensure The At-Fault Insurance Company Covers Any Property Damage And Injury Expenses.
- What Injury Lawyers Do And How They Can Help You.
Get To Safety
Prevent Further Damage & Injury
If you find yourself in the middle of the intersection or on the freeway, you first priority is to move all persons (and vehicles if possible) out of the way of oncoming oncoming traffic.
Survey The Damage
Call The Police + Gather Evidence
After getting to safety, you should immediately dial 911. Make sure to alert the dispatcher if there are any serious injuries.
As you wait for help to arrive, you have 3 goals:
- Identify Extent of Injuries
- Identify Witnesses
- Identify Vehicle Damage
Pro Tip: Use your cell phone to record a statement from the other driver, as well as to store contact information for the other driver and any witnesses.
Should I Take?
Take Photos Of The
Other Driver's License
Damage On Both Vehicles
License Plate Of
Insurance Policy Of Other Driver
Get Medical Help
Your Health Is #1
After emergency help arrives, it is important to seek medical treatment. Even if you don’t feel injured, it is important to get checked out for any internal injuries.
Be sure to go in for any follow-up checkups or procedures.
Pro Tip: If you wait before seeking medical treatment, the at-fault insurance company may argue that your injury wasn’t serious and that you don’t deserve compensation for medical expenses.
- Internal Bleeding
- Broken Ribs
- Punctured Lungs
Whiplash is caused by a sudden forward or backward jerking motion of the head, which can damage the intervertabral joints, discs, ligaments, cervical muscles and nerve roots. Symptoms of whiplash manifest in neck pain, dizziness, sleep disturbances, fatigue, headache, lower back pain and sometimes numbness in the arm or hand.
Internal bleeding is caused by blunt trauma, and varies depending on the forces involved and the individual. It cannot be seen outside of the body, and it may occur within organs, tissues and body cavities including the abdomend, chest, spinal canal and head.
It takes aproximately 4,000 Newtons (measurement of force) to break or crack a rib. The symptoms of a broken rib include pain while breathing, applying pressure to the area, and when you bend or twist your body. Ribs are often broken by the force of the seabelt during deceleration of the vehicle during a crash.
Puncturing a lung can be a serious injury. In a punctured lung, air gathers between the lungs and the chest cavity. The pressure build up makes it impossible for the lung to expand. Symptoms include coughing blood, chest pain, difficulty breathing, dizziness and headaches.
Hire An Injury Lawyer
Save Time. Get Compensated.
Hiring an injury lawyer after a serious accident is one of the best things you can do. Injury lawyers take care of all communication and negotiation with insurance companies. This frees up your time to focus on recovering.
At our law firm, we offer free initial consultations to all Houston residents. Just fill out our contact form — or give us a call to schedule a convenient time for you. We’ll listen to your story and offer our advice.
Pro Tip: Never accept a settlement without consulting a lawyer, especially if injury is involved. Once you accept a settlement, you can never recover anything further in the future.
Time Is Of The Essence
In most cases, you have 2 years from the date of the accident to file a lawsuit. This is called the Statute of Limitations.
Certain exceptions can extend and/or shorten a limitations period.
If the victim is a minor, the limitations may be extended until they are 18 years old.
If you are in an accident caused by a governmental entity in Texas, the statute of limitations may be much shorter — ranging from a few months to six months.
File Your Claim
Notify Your Insurance Company
It is important to notify your insurance company about the accident as soon as possible.
Many insurance companies allow you to file your claim online. Otherwise, call the number listed on your insurance card.
Be sure to keep track of all adjuster names and contact information.
Pro Tip: There may be multiple active insurance policies that can cover you. For example, if the other driver didn’t have insurance, your own Uninsured Motorist coverage could kick in. An experienced attorney can help identify these policies & maximize your recovery.
Find Your Insurance Company
Find Your Insurance Company Contact Info
American Family Auto Insurance
Claim Reporting Number: 1-800-692-6326
Online Claim Portal: Go to site
Learn Fault Factors
How Fault Is Determined
Were you speeding? Nearly one-third of all car accidents can be attributed to speeding.
Was anything obstructing your view? Over half of all states have windshield obstructions laws.
What were the weather conditions? Slippery roads can reduce traction and cause you to lose control of the vehicle.
Who had the right of way? The law gives the right of way to no one, but it does state who must yield (give up) the right of way.
What were the Traffic Conditions? Crashes of all types are at their highest Monday through Friday between the hours of 4:00-6:00 p.m.
Were you distracted? (Radio, Phone) Distracted driving is any activity that diverts attention from driving.
Were you wearing a seatbelt? Seat belt use is one of the most effective ways to save lives and reduce injuries in crashes.
Was a citation given out? In most instances, any driver violating traffic law will be held largely responsible for a resulting car accident.
Pro Tip: Do not give any recorded statements until you have the opportunity to consult with legal counsel.
Schedule a Free Strategy Session
Been in an accident? We’re here to help. Fill out the information below to arrange a free consultation
Interactive Car Accidents Form
Houston Uber Car Wreck Lawyers at the Baumgartner Law Firm Can Help!
Uber and other rideshare users expect to be delivered safely to their destinations without incident. When a rideshare driver is negligent and causes a crash, you have the right to file a claim with the driver and/or insurance company accountable for the wreck.
NEVER A CHARGE FOR AN INJURY CONSULTATION! CALL 281-587-1111 and speak with a preeminent rated personal injury lawyer with over three decades of experience.