Ride-share companies like Uber and Lyft are widely used in the Montgomery County area. They provide a mode of transportation for those without a vehicle and help cut back on drunk drivers on the road.
Because these vehicles are typically loaded with people, you have a higher chance of sustaining a serious injury if you get into an accident as a passenger. And while they do good for the community, Uber and Lyft will remove themselves from litigation by claiming they are not responsible for their drivers’ negligence.
Generally, an employer may be liable for the negligence of their employees if the employee was acting within the scope of his or her employment but Uber and Lyft drivers are considered independent contractors. This distinction effectively insulates Uber and Lyft from accidents caused by their drivers but there may be exceptions in certain instances. A qualified attorney can help you figure out your best options when you’ve been in an accident.
Attorney for Uber/ Lyft Accidents in Montgomery County, TX
Dealing with a ride-share company in the courtroom can be a complicated process, that’s why it would be in your best interred to contact [firm] if you were involved in an accident with an Uber or Lyft driver. We know how important it is that you be adequately compensated for your injuries, and we will do everything in our power you ensure that you are.
Call Evans & Powell, PLLC today at (936) 622-2000 to schedule a time for you to speak with one of our attorney about the specifics of your case. We represent clients with personal injury claims in communities across Montgomery County such as Magnolia, The Woodlands, Conroe, Montgomery and other surrounding areas.
Overview of Uber/ Lyft in Montgomery County, TX
Uber and Lyft represent the two largest ridesharing companies in the world. The name Uber has become synonymous with the act of ridesharing. Founded in 2009, Uber is a peer-to peer ridesharing company that operates in 785 metropolitan areas across the globe. Uber accounts for about 77% of the entire rideshare market, servicing 40 million customers a month with 750,000 drivers in the U.S. alone. The company considered itself to be a technology platform that uses a smartphone app to connect drivers and riders.
Lyft, Uber’s largest competitor, was founded in 2012 and operates in nearly 300 cities across the United States and provides over 1 million rides per day. Lyft is similar to Uber in that is uses a smartphone application to connect drivers and riders.
Both rideshare companies offer an innovative alternative to taxis and other long-established private transportation services. Uber and Lyft have disrupted the taxi industry and are considered the transportation services of the future. However, part of the rapid growth of rideshare companies is due to the near total lack of liability the Uber and Lyft are subjected to from the acts of their drivers. Litigating cases involving either company can be difficult and complicated, so having an experienced personal injury attorney in your corner can be invaluable.
Insurance coverage for Uber and Lyft can be tricky to understand if you are not familiar with how it works. If you were injured in an auto accident because of an Uber or Lyft driver’s negligence, the amount of coverage provided by the ride-share company would depend on whether or not the driver was logged into the app.
The driver was logged into the app but fare had not been assigned: If the driver was logged into the ride-share app when the accident occurred, but a fare has not been assigned to the passenger, both Uber and Lyft provide their drivers with liability coverage of $50,000 per person, $100,000 per accident and $25,000 in property damage.
The driver was logged in, and fare had been assigned: Once the passenger has been assigned a fare, both ride-share companies provide the driver with $1,000,000 in liability insurance and uninsured/underinsured motorist coverage.
The driver was not logged into the app: If the accident occurred while the Lyft or Uber driver was not logged into the ride-share app, then the collision will only be covered by the driver’s personal auto insurance coverage. This coverage could be as low as $30,000 per person and $60,000 per accident.
If an Uber or Lyft driver hit you, and they were at fault, it will depend on the scenarios mentioned above, but you will receive the same amount of coverage that is listed above.
Ride-share companies like Uber and Lyft are relatively new, and their services fall under a newly created category called transportation network companies (TNC). For some time, TNCs were regulated by cities, but in 2017 the Texas Senate passed House Bill 100 that established a statewide approach to regulating and permitting ride-share companies through the Texas Department of Licensing and Regulations (TDRL).
The laws that regulate companies like Uber and Lyft are defined under chapter 2402 of the Texas Occupations Code. Some of the requirements mentioned in the chapter include the following:
Maintaining a Permit: Any person who operates in a transportation network company in Texas must obtain and maintain a permit. To receive a permit, a driver must be at least 18 years old, have a valid driver’s license, proof of registration and auto insurance.
Required Insurance: Ride-share companies are required to provide $1 million in liability coverage during passenger rides. Between passenger rides, TNCs are required to provide $50,000 for each person, $100,000 per accident and $25,000 for property damage.
Vehicle Requirements: All motor vehicle used in a TNC are required to have four doors, and a maximum passenger capacity of no more than eight people including the driver.
Drivers as Independent Contractors: All Uber and Lyft drivers are considered independent contractors, not employees of the company they drive for. All TNC drivers must agree in writing that they are independent contractors and to employees.
Retaining Records: a TNC shall maintain individual ride records for at least five years from the date of the ride and driver records for at least five years after the date the driver stopped driving for the ride-share company.
Chapter 2402 Transportation Network Companies- Follow this link to the Texas Constitution and Statutes website to read through the regulations for transportation network companies. You can learn more about the laws mentioned above, as well as how TNCs should identify driver and vehicles, the intoxicating substance policy and what can bare a person from becoming a ride-share driver.
Transportation Network Companies- Visit the Texas Department of Licensing and Regulation to learn more about TNCs. You can learn more about the bill that established regulations for TNCs and an FAQ forum over what the bill does and how to file a complaint against a TNC driver.
Personal Injury Lawyer for Uber/ Lyft in Montgomery County, TX
If you were injured in an Uber or Lyft accident, you have come to the right place. Evans & Powell, PLLC has proven experience dealing with personal injury claims from a ride-share accident, and we will strive to ensure that the best possible outcome is achieved for your situation.
Call us today at (936) 622-2000 to schedule a free case consultation, or submit your information in the online form. Evans & Powell, PLLC represent clients with personal injury claims in Willis, Cut and Shoot, Porter Heights, Panorama Village and many others.