Ridesharing Lawsuits

Rideshare companies such as Uber and Lyft are called transportation network companies. These companies provide app-based ride-sourcing to match consumers with drivers of vehicles for hire. These companies first emerged in 2012 and have been an alternative option to more traditional methods of transportation, such as hailing a taxi from the street. Before, if you were a passenger in a taxicab or a private bus company and were injured as the result of the negligence of the driver, not only could you sue the employee driver to recover for any damages as a result of their negligence, but you could also sue the employer based on their employee-employer relationship. If the driver was in the course and scope of their employment, then the employer would be liable and responsible for compensating injured passengers.

The State of Texas has enacted what is called the Transportation Network Companies Act that has rules to regulate rideshare companies in Texas. In addition to regulating them, the Act defines rideshare drivers as independent contractors instead of employees of the rideshare company they are driving for. This has essentially eliminated the ability to automatically have the company that these drivers work for be liable. In order for an injured party to hold these companies liable now, you must be able to articulate a legal theory of liability against them to say what they did wrong and why they should be liable for the injury. This is what an experienced Texas personal injury attorney is for. In light of changes in the laws, it important to hire a lawyer to seek all potential and available causes of action to get you closer to your recovery.

Do I need to hire an attorney?

Hiring a personal injury attorney is critical in order to receive the highest possible recovery that is available to you without any undue delay. Many people injured as the result of the negligence of a third party might be reluctant to hire a lawyer. This is because people do not want to have to spend money unnecessarily if they feel that a personal injury claim might be something that they could handle themselves. In Texas, the standard method of payment for a personal injury attorney is through what is called a contingency fee. This means that a personal injury lawyer won’t ever send you a bill, invoice, or receipt. The lawyer would get paid by taking a percentage of whatever the recovery is. That is the case if the recovery is through a settlement or through a jury trial. If, for whatever reason, there is no recovery, then you would not have to pay the lawyer anything. The statute of limitation to recover for an injury or death resulting from negligence is only two years. You only have two years to pursue a recovery from a negligent party. Insurance will delay investigating the claim, taking reasonable efforts to respond to you timely, and give you an appropriate response to your claim until this limitation expires. Hiring an experienced Texas personal injury attorney will ensure that the insurance companies take you and your claim seriously. If the insurance companies are not willing to cooperate, then a lawyer can file a lawsuit to make certain that they do so.