Elements to win Uber Case
Rideshare is a relatively new concept in the market place. For instance, Uber has only been operating since 2009, so when it comes to legislation and insurance protocol there is a lot of gray area. If you or a loved one find yourself in an accident in San Antonio with an Uber driver, be sure to contact Carabin & Shaw immediately so we can get one of our San Antonio Uber Liability Lawyers on your case as soon as possible.
Rideshare transportation is developing by the day and with those developments legislators continue to fine-tune the rules these companies must follow. UBER maintains that its drivers must pass a background check to be able to provide passenger’s rides. If a driver finds himself or herself creating a pattern of unsafe driving behavior, they will no longer be able to drive for the company. While elements to win UBER cases are similar to those used to win a regular car accident cases, there are still some things to consider. Our seasoned San Antonio lawyers have many years experience handling these types of cases and are up to date on the current protocols to be sure you get the settlement you deserve.
If you or someone you know is involved in an UBER accident in San Antonio, please be sure to do the following:
- Collect your driver's name, contact information, and insurance information.
- If there is anyone else involved in the accident collect the same information as well.
- Collect contact information from any witnesses who saw the accident. (This information will come in handy for your attorney when trying to prove your case.)
UBER currently provides automobile liability insurance for its U.S. rideshare-driver partners while logged on to the UBER app. In addition, drivers are expected to maintain their own liability insurance as required by their state's minimum financial responsibility.
When you are a rider in an UBER car, you are covered by this UBER insurance policy. Once you are in the driver's car the driver is covered for three things: liability to a third party, any injuries due to an uninsured or underinsured motorist, and collisions and compressive coverage if they already have such coverage on their personal insurance. Our seasoned lawyers are very knowledgeable when it comes to navigating rideshare insurance policies. Call us today so we can take the guesswork out of it and get you the compensation you need right away.
Under Texas Law, there are several critical elements to win an UBER case which must be proven in order to establish liability and prevail on the part of the at fault party. Those elements are: duty, breach of care, causation, and injuries. So if you're in San Antonio and are involved in and UBER accident, be sure to contact one of our skilled attorneys at Carabin & Shaw so they can examine the following elements to see if your UBER driver is liable for the accident.
Did the driver of the vehicle owe a duty to the injured party? In the State of Texas drivers or operators of vehicles including passenger vehicles, Taxi Cabs, Buses and Uber drivers all owe their passengers as well as other motorists on the road a duty of care.
Breach of Care:
Did the driver or operator breach his/her duty of care? A breach of a driver's duty of care can include driving recklessly, high speed, failure to stop at a stop sign, driving too close to the other vehicle in front of you, texting while driving, drowsy driving, and driving under the influence of alcohol.
Was the breach of the duty of care a cause of the accident and injury that took place?
Did the accident injure anyone?
Common injuries after an auto accident often include, back and neck injuries, head injuries, soft tissue injuries, damage to the spinal cord, facial injuries including lacerations, broken bones, Concussions or traumatic brain damage and psychological damage including PTSD.
While these are some common elements to win an UBER case, there are always unique factors pertinent to each individual case. Here at Carabin & Shaw we have the necessary Resources to help you win your case. If you or a loved one has been injured as a result of a reckless or negligent Uber or Lyft Driver, call our team of skilled attorneys today, we can help.