Think You’ve Been Ruined By A Rideshare Wreck? Not So Fast!

It used to be that when you hailed a ride, you were getting into a car with a trained, professional driver. Now… not so much. Ever since apps like Lyft and Uber came on the scene, the number of rideshare drivers across the United States has increased annually. This growing demand has been matched by a rise in Americans who use ridesharing services on average.

Despite the convenience offered by these rideshare services, car crashes can and do happen in an instant. And with an auto accident comes the fallout: injuries, medical bills, lost wages… and the inevitable song and dance from the insurance company.

An accident involving a rideshare vehicle can be more complex than a regular car accident. These vehicles are often operated by drivers working as contractors (not employees) for large rideshare companies with significant insurance policies. As soon as a crash occurs, representatives from Lyft, Uber, or the like, and their insurance companies, will immediately begin their investigation with the goal of protecting their companies – not you.

Insurance companies frequently delay processing claims, offer insufficient settlements, or deny rightful payments altogether, further adding insult to injuries you may have sustained. When you’re injured and seeking help, you need an attorney who will take on these powerful insurers without hesitation. At RUDIN LAW, we back up our words with actions, delivering impactful results that matter.

Whether you’re in Louisiana, Texas, or anywhere else in the country, RUDIN LAW is ready to take on those responsible for your rideshare injuries and get you the justice you deserve. We are here to stand up and fight back. And to that, we say: it’s time to stop letting the rideshare companies – and their insurers – push you around; it’s time to stop being polite… and GET RUDE with RUDIN LAW.

That’s when RUDIN LAW can come to your aid, and we handle the rest.

Who is “Liable” in an Uber/Lyft Accident in Louisiana and Texas?

Ridesharing drivers for Uber and Lyft are not direct employees but independent contractors. This means the driver you get may not be a professional. While the companies have standards and rules, drivers are freelancers without job security, which can reduce their motivation to strictly follow these rules. Additionally, the cars used are personal vehicles that might not be regularly maintained. Determining fault and liability in an accident involving a ridesharing driver can be challenging in both Texas and Louisiana.

In general, Uber and Lyft “could” be liable if the rideshare driver had the app turned on at the time of the collision. If the app was not on, or they were not logged in, Uber and Lyft will not be liable. However, such claims are complex and liability coverage depends entirely on the specific conditions of the case.

Comparative Fault in Louisiana and Texas

The systems of determining fault in Louisiana and Texas operate differently. Comparative fault (also known as, comparative negligence) is a legal principle used in personal injury claims to divide fault among parties involved in an accident.

Pure comparative fault allows any party to recover compensation for accident-related losses as long as they are not entirely to blame for the accident. Twelve states, including Louisiana, follow pure comparative negligence, meaning there is no upper limit barring recovery short of 100%. In Louisiana, a pure comparative negligence system, you can still receive compensation for an accident even if you are partially at fault. For example, if your claim is worth $15,000 but you’re found to be one-third responsible, you can still collect $10,000.

In Texas, you can sue for damages even if you are partially at fault for an accident. However, the modified comparative fault rule followed in Texas states that a plaintiff can only recover damages if they are less than 50% at fault. If the plaintiff is more than 50% at fault, then they are not entitled to any recovery. The amount they can recover will be reduced proportionally to their level of fault.

Regardless of whether you are in Louisiana, Texas, or anywhere else across the United States, when you hire RUDIN LAW, we make sure the parties responsible for hurting you pay their fair share.

The Clock is Ticking on Your Deadline to File a Lawsuit

As of July 1, 2024, rideshare accident claimants in both Louisiana and Texas have two years from the date of the incident to file a lawsuit. But do not wait until the last minute. Information and evidence gathering should begin immediately following the crash. The sooner you contact RUDIN LAW, the sooner we can begin building your case. We’re ready to act fast and we recommend you call us as soon as disaster strikes so we can take action.