Comparative Negligence in Rideshare Accidents - Personal Injury Claim in Austin TX

Imagine you experience a scenario many Austin drivers dread: during your commute, you rear-end another car in an Interstate 35 work zone. But moments ago, you also noticed the other driver, whose car has an Uber decal, looking at their phone while speeding past you. Surely the rideshare driver’s actions partly caused this accident, but you fear that the treatment for your injuries will come entirely out of your pocket.

The Texas rideshare crash lawyers at Carabin Shaw know how many variables affect the determination of fault in an auto accident. As a result, they anticipate the arguments the other driver may make to minimize liability. If your collision with a rideshare vehicle involves shared fault, an attorney builds a case that demands fair compensation by accurately representing your level of responsibility.

In the Lone Star State, drivers can collect compensation if their comparative fault in rideshare collisions is 50 percent or less. This rule is known as modified comparative negligence; some states use different versions while others follow different laws altogether.

If insurance companies or courts find you to be over half responsible for your accident, you can’t recover damages in Texas. Therefore, defending against unfair claims about your fault is an important part of ensuring just compensation.

Distracted driving is a common cause of human error in all types of car accidents. However, Austin rideshare collisions more often involve a specific set of distractions:

• Necessity of using an app while driving
• Navigation errors and lack of familiarity with certain regions
• Failure to adapt to demands of high-volume ride request events, such as large concerts, crowded commutes, or bad weather
• Driver fatigue
• Talking with passengers

In a thorough analysis, your lawyer determines whether any of these factors contributed to your circumstances.

Texas comparative negligence laws place limits on recoverable compensation in both insurance settlements and personal injury lawsuits for rideshare accidents.

If you’re 30 percent at fault, for instance, your compensation is reduced by that proportion. In other words, you would collect only $7,000 of $10,000 in total damages. But if you’re the driver who’s 70 percent at fault, you’re not eligible to recover anything despite some negligence on the part of the other driver.

The responsible insurance company depends on the rideshare app status of the driver at the time of the accident. In general, the rideshare company’s liability insurance may cover damages if the app was in use, but you must file a claim with the driver’s personal auto policy if the driver wasn’t working.

Regardless, claims adjusters determine the percentage of fault by considering evidence like police reports, witness statements, and road conditions. Austin rideshare accident attorneys make sure that insurance decisions are reasonable and don’t shirk accountability for what you’re entitled to.

When an Austin rideshare driver presents a defense based on your comparative fault, our team at Carabin Shaw uses every strategy available to prove that you deserve compensation.

When you schedule a free initial consultation with us, you can begin learning about how the following help maximize your recovery:

• Identifying eyewitnesses, such as rideshare passengers, who can provide testimony
• Keeping clear records
• Avoiding making statements on the record that could implicate you
• Filing appeals for unfair insurance decisions

Because we offer our services on a contingency-fee basis, you don’t face any upfront or exploitative costs for our review.

You want to be sure your legal team offers expertise, professionalism, and compassion—all reflected in Carabin Shaw reviews. Our client-centered services begin with the convenience of our 24-hour toll-free number 800-862-1260. We recognize that Austinites have diverse backgrounds, so you can work with staff who speak English or Spanish. Although your collision case may be complex, choosing Carabin Shaw is simple.

For more information:

• Texas Statutes 33
• TDI