When a rideshare driver’s carelessness causes an accident that injures you or a loved one, you may feel overwhelmed and unsure what to do next. You’re now facing physical recovery, medical bills, and lost income, all while trying to make sense of a complicated legal process.
Accidents involving a rideshare vehicle, such as an Uber or Lyft, are different from a regular car accident. Rideshare companies use a business model that creates unique questions about who is at fault and who pays for the harm caused. If you’re asking, can I sue the rideshare driver for distracted driving in Dallas? The answer is yes, you can.
However, the path to payment often involves more than just the driver. It requires a detailed understanding of negligence laws, evidence gathering, and the layered insurance policies that protect rideshare companies. If you suffered injuries, seek legal guidance and contact a Dallas rideshare accident attorney for a free consultation.
What Constitutes Distracted Driving Under Texas Law?
A driver must pay full attention to the road and traffic around them. Distracted driving is any activity that takes a driver’s focus away from the task of driving. This includes looking away, taking their hands off the wheel, or letting their mind wander. Texas law recognizes these actions as a form of negligence, which can make a driver responsible for a crash.
Types of Driver Distractions
Three main types of distractions exist: visual, manual, and cognitive.
- visual distraction causes a driver to take their eyes off the road.
- Manual distractions cause a driver to take their hands off the steering wheel.
- cognitive distraction causes a driver to take their mind off the task of driving.
Rideshare drivers sometimes engage in all three types of distractions. For example, a driver may look at their phone to check the rideshare app, which is a visual distraction. They might take a hand off the wheel to swipe at their phone screen, which is a manual distraction. They may also think about their next passenger or a conversation they just had with a customer. That is a cognitive distraction.
A driver on I-35 in Dallas may cause a rear-end collision because they were distracted by a passenger asking for a different radio station. These actions, whether intentional or not, can have devastating results on the road.
Legal Penalties in Texas
In Texas, texting while driving is a specific offense. The law prohibits reading, writing, or sending an electronic message while operating a motor vehicle. A rideshare driver who texts while driving and causes an accident can be cited for this violation.
Even if the distracted act, like eating or using GPS, is not a specific crime, it can still prove a driver’s negligence in a civil case. In other words, a person who causes a crash because they were not paying attention has failed to act with reasonable care, and the law can hold them accountable for the harm they cause.
Can I Sue a Rideshare Driver in Dallas?
You can bring a lawsuit against a rideshare driver in Dallas. The key to a successful case is showing the driver was negligent and that their negligence caused your injuries. A rideshare driver has the same responsibility to drive safely as any other motorist on the road. When their distraction causes an accident, they have failed to meet that duty.
Establishing Driver Negligence
To prove a driver was negligent, you need an attorney to show four things:
- The at-fault party owed you a duty of care, which all drivers do.
- They breached that duty by acting carelessly, like driving distracted.
- Their careless action was a direct cause of your injuries.
- You suffered damages as a result, such as medical bills or lost income.
For example, a rideshare driver may have a passenger in the car as they travel along the Dallas North Tollway near Uptown. The driver looks at their phone and swerves into your lane, hitting your car. The driver owed you a duty to drive safely. They breached that duty by looking at their phone. Their action caused the crash, and you now have expensive medical bills.
Having a lawyer prove these points can hold the driver legally responsible for your damages.
Proving Distracted Driving Caused Your Accident
Proving a distracted driver caused your accident can be hard. The driver might deny they were distracted. The insurance company will certainly try to downplay their driver’s actions. However, specific types of evidence can reveal the truth. A car accident attorney will work to collect this information for you. Some of the most important evidence includes:
- Cell phone records; a court order can obtain these.
- Dashcam footage from the rideshare vehicle or other cars.
- Traffic camera or surveillance footage.
- Statements from witnesses who saw the driver’s actions.
- The police report.
- Photos or videos from the accident scene.
Someone who gets hit near the Dallas Arts District may have a dashcam in their vehicle that shows the rideshare driver was looking at their phone just before the crash. This simple video can be a powerful piece of evidence to help prove your case.
Who Is Responsible for My Damages?
The question of who pays for your damages after a rideshare accident can have a complicated answer. It often depends on what the rideshare driver was doing at the time of the crash. A rideshare accident attorney can help you determine the correct source of payment.
The Driver’s Personal Insurance
Sometimes, a rideshare driver’s personal insurance policy is the primary source of compensation. This usually happens if the rideshare app was off at the time of the crash.
However, personal policies often have a “commercial use” exclusion. This means they will not cover an accident that happens while a driver is working for a rideshare company. The driver may have been going home from a long day of driving and had the app off, but still caused a crash. In this case, their personal insurance would be responsible.
The Rideshare Company’s Insurance Policy
Rideshare companies have their own insurance policies that provide coverage in different ways. They have three main “periods” of coverage in Texas.
- Period 1: App on, no passenger. When a driver has the rideshare app on and is waiting for a ride request, the company’s insurance offers some coverage. This is often less than what is available when a passenger is in the car.
- Period 2: Matched with a passenger. Once the driver accepts a ride request and is on their way to pick up the passenger, the company’s full insurance policy kicks in. The policy typically provides up to $1 million in liability coverage for injuries.
- Period 3: Passenger in the vehicle. The rideshare company’s full $1 million policy continues to cover the driver while a passenger is in the vehicle.
The exact amount of payment available depends on which period the accident happened in. A driver who causes an accident near the Dallas Farmers Market while waiting for a request has less coverage than one who already has a passenger.
The Rideshare Company’s Liability
Rideshare companies almost always classify their drivers as independent contractors. This means they are not direct employees. Because of this status, it is very difficult to hold a rideshare company responsible for their driver’s actions.
However, in some situations, a company could be at fault for its own negligence. For example, if a company fails to perform a proper background check on a driver, and that driver later causes a crash, the company could be responsible.
How Our Attorneys Can Help
After a rideshare accident, a person who suffered harm should not have to deal with the insurance companies alone. Tyson Law Firm provides assistance to people in Dallas who have suffered injuries because of a rideshare driver’s carelessness. We take on the burden of the legal process so you can focus on your recovery.
Investigating the Accident
We begin every case with a thorough investigation. Our attorneys know what evidence to look for, from police reports to cell phone data and rideshare company records. We can use a subpoena to obtain the information needed to show the rideshare driver was distracted and that their negligence caused your injuries.
We can even investigate crashes that occur in crowded areas like the West End Historic District to find surveillance video or witness statements that support your case.
Handling Insurance Claims
Dealing with multiple insurance policies can quickly become confusing. A rideshare driver’s personal insurance may deny a claim, and then the rideshare company’s insurance may try to pay as little as possible. We handle all communication and negotiations with the insurance companies for you. We protect you from accepting a low payment that does not cover all of your costs.
When a fair payment can’t be reached because of the insurance company’s unwillingness to pay, we prepare to take the case to court.
Securing Payment for Your Damages
Texas law allows you to seek payment for a variety of damages after a personal injury accident. These include medical bills, lost wages, and pain and suffering. We will calculate the full value of your case, making sure all your current and future costs are included. Our goal is to ensure you pursue complete and fair payment for the harm you have suffered.
How Long Do I Have to File an Injury Claim in Dallas?
For most rideshare accident and other personal injury cases, you have two years from the date of the crash to file a lawsuit in court.
This two-year period may sound like a lot of time, but it goes by quickly while you are dealing with medical appointments, recovery, and other life changes after an accident. If you do not file your lawsuit within this timeframe, the court will almost certainly dismiss your case, and you will lose your chance to seek payment for your injuries.
There are a few rare exceptions that might change this two-year deadline. For example, the deadline may be paused if the injured person is a minor or if the at-fault driver leaves the state.
However, you should never assume an exception applies to your case. The safest approach is to act quickly. Staring your claim promptly helps your attorney gather evidence while it’s still fresh and locate witnesses before their memories fade.
Frequently Asked Questions About Dallas Rideshare Accident Claims
What should I do immediately after a rideshare accident in Dallas?
After an accident, you should make sure everyone is safe and call 911 for emergency services. Get medical attention even if your injuries seem minor. Take photos of the accident scene, the vehicles, and your injuries. Do not admit fault or give a recorded statement to the insurance company.
What if the rideshare driver was not at fault?
If another driver caused the crash, we would pursue a claim against that driver’s insurance company. The rideshare driver would be considered a victim in that situation, just like you.
How much does it cost to hire a lawyer for a rideshare accident?
We work on a contingency fee basis. This means you do not pay us anything upfront. We only get paid when we recover payment for you.
What if the other driver didn’t have insurance?
Sometimes, a person who causes a crash does not have insurance. If this happens, a rideshare company’s uninsured or underinsured motorist coverage may apply, but you need an attorney to help you with that process.
Can I receive compensation if I was partially at fault for the crash?
Texas law uses a “modified comparative negligence” rule. You can still seek payment for your injuries as long as you are 50% or less at fault for the crash. Your final payment would be reduced by your percentage of fault. For example, if your damages total $100,000 and you are found to be 20% at fault, you could receive $80,000.
Contact Our Rideshare Accident Lawyers in Dallas Now
A rideshare accident can disrupt your life unexpectedly, leaving you with injuries and a mountain of bills. The time to file a claim is limited. You must act quickly to protect your legal rights and gather important evidence.
The Tyson Law Firm has experience with rideshare accident cases in Dallas. We can determine who is responsible for your injuries, deal with the insurance companies, and seek the maximum payment you are owed. We help people who have suffered harm in an accident on busy Dallas streets like Ross Avenue.
Contact us today for a free consultation with an experienced personal injury attorney in Dallas to discuss your case and find out how we can help you move forward.
