Ride-sharing services are becoming more and more popular. Because these vehicles are normally packed with passengers, when an accident occurs, the chance for injury increases significantly.
Ride-share services fall under a newly created category of transportation network companies (TNC). Unlike taxi companies, transportation network companies will attempt to remove themselves from legal responsibilities by claiming they aren’t responsible for a drivers wrongdoing.
Attorney for Ride-Sharing Accidents in Montgomery County, TX
If you were injured in an auto accident with a ride-sharing vehicle, you will need legal counsel from Evans & Powell, PLLC to ensure your case is handled successfully. Our attorneys have proven experience dealing with transportation network companies, and they will strive to achieve the best possible outcome for your situation.
Call Evans & Powell, PLLC today at (713) 622 - 2000 to schedule a time to discuss the specifics of your case or submit your information in the online contact form. We proudly represent clients involved in ride-share accidents in both Montgomery Coutny and Harris County. Some of the communites we serve incldue Spring, Houston, Conroe, Montgomery, Magnolia, The Woodlands and surrounding areas.
Overview of Ride-Sharing Accidents in Montgomery County, TX
- Is Uber/Lyft Liable for Auto Accidents?
- Can Taxi Companies be Liable for an Auto Accident?
- How are Ride-Share Companies Regulated?
Uber and Lyft drivers are considered independent contractors by TNCs. There are nearly 1.5 million of the drivers on the American roadways, and the TNCs are therefore insulated from liability for the acts of their contractors since they are not employees.
From the time you accept a trip to when it concludes, both ride-share companies offer up to $1 million in liability insurance coverage but only if the driver has the app turned on when the accident occurred. Uber and Lyft also provide $1 million in uninsured/underinsured motorist coverage and bodily injury coverage.
When the app is turned off, only the driver’s personal insurance policy will apply, which is typically much less than what is provided by the TNC.
If you were injured in a ride-share accident, you have two years from the day of the crash to file a lawsuit in Texas. This is known as the statute of limitations. If you fail to file in two years, you will lose your right to pursue compensation for your injuries.
Unlike ride-share companies, taxi companies consider their drivers to be employees, so you have the right to sue the taxi company for the cab driver’s negligence.
Bringing a taxi company to court comes with its own set of unique difficulties. It can be difficult to determine who is at fault in an accident since there can be various liable parties who are responsible for the victim’s compensation.
Liable parties can include the taxi driver, the taxi company, the manufacturer of the taxi, the mechanic that services the vehicle or a combination. Because of this, many problems can arise when it comes to determining liability. If there are numerous passengers in the taxi who are claiming compensation, it can further complicate the process.
If you were involved in an auto accident involving a taxi, be sure to contact an experienced personal injury attorney who is familiar with these challenges.
Ride-share companies are fairly new. For a time they were regulated by cities, but back in 2017, the Texas Senate passed House Bill 100, which established a statewide approach to regulating and permitting transportation network companies through the Texas Department of Licensing and Regulation (TDRL).
There are numerous laws that TNCs must abide by. These laws are listed under chapter 2402 of the state’s Occupations Code and they include the following:
Sec. 2402.101: TNCs are required to provide, at minimum, $1 million in liability coverage for death, bodily injury, property damage, uninsured or underinsured motorist coverage and personal injury protection.
Sec. 2402.107: A TNC must confirm that a driver is at least 18 years old, maintains a valid driver’s license, has proof of registration and auto insurance. The transportation network company must also conduct a criminal and sexual offender check.
Sec.2401.111: All ride-share vehicles are required to have four doors and a maximum passenger capacity of no more than eight people, including the driver.
Sec. 2402.114: A driver that is authorized to log into a TNC’s digital network is considered an independent contractor, and not an employee of the company. The TNC and the driver agree in writing that the driver is an independent contractor and not an employee.
It’s worth noting that taxicabs, limousines and shared carpool/vanpool arrangements are not considered ride-shares and are not regulated under chapter 2402 of the Occupations Code.
Additional Resources for Ride-Sharing Accidents in Houston, TX
Chapter 2402 Transportation Network Companies– Follow this link to read through the chapter of the Occupations Code that regulates transportation network companies like Uber and Lyft in Texas. The code states regulations that TNCs and drivers must abide by. The code can be read on the Texas Constitution and Statutes website.
Transportation Network Companies FAQs– Visit the Texas Department of Licensing and Regulations to read through a forum that answers some of the most commonly asked questions regarding transportation network companies. Some of the questions answered include what House Bill 100 does, what a TNC is and what to do if you have a complaint about a TNC. The Texas Department of Licensing is responsible for occupations and businesses in the state.
Personal Injury Attorney for Ride-Sharing Accidents in Harris County, TX
Dealing with ride-share companies in court is a complicated process, that’s why it’s best to contact the experienced attorneys at Evans & Powell, PLLC who are familiar with these challenges. We will do everything in our power to ensure you are fully compensated for your injuries.
Call Evans & Powell, PLLC today at (713) 622 - 2000 to schedule a free case consultation, or submit your information in the online contact form. We proudly represent clients in communities across Montgomery County and Harris Coutny. Some of these communities includ, but are not limited to, Spring, Houston, Oak Ridge North, Panorama Village, Cut and Shoot and many others.