Can I Sue Lyft After an Injury Accident in Texas?
Millions of Americans now use services like Uber and Lyft rather than taxis or public transportation. The convenience of these apps is undeniable. With just a few taps on your smartphone, you can secure a ride within minutes. However, this emerging transportation trend has also raised new legal questions when accidents occur. If you are injured while riding in a Lyft vehicle, you may be wondering if you can hold Lyft legally responsible by filing a lawsuit against them. The answer depends on several important factors. This article will examine the complexities surrounding liability and outline if and when Lyft can be sued after an injury accident in Texas.
Common Injuries for Lyft Passengers
When accidents occur during Lyft rides, passengers can sustain a wide range of injuries depending on the circ*mstances. Some of the most common injuries suffered by Lyft riders include:
- Whiplash - A whiplash injury results from the head suddenly jerking backwards and forwards. This type of neck injury frequently happens during rear-end collisions. Common symptoms of whiplash are neck pain, headaches, shoulder pain, and decreased range of motion in the neck.
- Back Injuries - Spinal fractures, herniated discs, and other back injuries are frequently suffered in high-impact crashes when seatbelts fail or airbags do not deploy properly. Back injuries cause severe pain, numbness, and even paralysis in severe cases.
- Broken Bones - Fractures to arms, legs, ribs, and other bones can result from the force of a collision. Bone breaks often require surgery to implant pins, plates, or screws to stabilize the fractured bone.
- Traumatic Brain Injuries - Concussions, contusions, and other head trauma can occur when the head strikes interior vehicle surfaces. TBIs can lead to chronic headaches, memory problems, dizziness, and cognitive deficits.
- Lacerations - Broken glass or sharp metal car parts can cause deep cuts and scarring during a crash. Lacerations often require sutures and leave permanent scarring.
- Internal Organ Damage - Blunt force trauma can lead to ruptured organs, organ bleeding, and other life-threatening internal injuries. This may require emergency surgery and extended hospitalization.
- Post-Traumatic Stress - Some accident victims develop emotional trauma like anxiety, depression, flashbacks, and sleep disturbances after experiencing a terrifying crash.
Medical records will be crucial evidence to demonstrate the severity of your injuries to insurance companies or in court.
Can You Sue Lyft for an Accident?
Lyft requires all drivers to carry sufficient insurance, but there are limitations to their coverage. Lyft provides $1 million in liability coverage per incident, but this only covers damages to third parties, not Lyft passengers.
Lyft does carry contingent coverage worth up to $1 million for injuries to passengers, but this only applies when a driver's personal policy declines or rejects a claim. If the driver's insurance accepts coverage, Lyft's contingent coverage does not apply.
Therefore, the ability to sue Lyft directly after an injury accident depends on the insurance situation:
- If the driver's insurance denies the claim, then Lyft's contingent coverage would apply and you may not be able to sue Lyft directly.
- However, if the driver's insurance accepts coverage, you may be able to pursue additional damages by naming Lyft in a lawsuit.
Suing the Lyft Driver
Regardless of whether you can sue Lyft directly, the at-fault driver can be held liable for your injuries. Like all motorists in Texas, Lyft drivers are required to carry state minimum auto liability coverage. This includes $30,000 per injured person for bodily injury, up to a total of $60,000 per accident.
Although these amounts are relatively low for serious injuries, you can still file a personal injury lawsuit against the negligent driver to recover damages above their policy limits. This is known as an "excess policy" claim. Your attorney can help obtain compensation for medical bills, lost wages, pain and suffering, and other losses that exceed the driver's coverage.
Jurisdiction Issues with Lyft Lawsuits
Because Lyft operates across state lines, jurisdictional issues can arise when filing an injury lawsuit after an accident. You need to determine the proper state court venue that has authority over your claim. An attorney familiar with Lyft litigation knows how to properly establish jurisdiction and ensure your case is heard in the most favorable forum.
Potential Damages You Can Receive
In a successful Lyft injury lawsuit or settlement, there are several types of damages you may recover as compensation for your losses, including:
- Medical expenses, both current and future costs of treatment related to the accident
- Lost income from missed work due to your injuries
- Property damage, such as repairs to your vehicle
- Pain and suffering
- Disfigurement from scarring or disability
- Loss of enjoyment of life
- Punitive damages in cases of gross negligence
An experienced car accident lawyer Dallas Texas can valuate all your injury claims and fight for maximum compensation in your case.
How Comparative Fault Works in Texas
The state of Texas has a modified comparative negligence system for automobile accidents. Under this approach, an injured party can still receive compensation if they were partially responsible for the accident, but any damages awarded will be reduced according to their percentage of fault. However, if the injured party's negligence is deemed to exceed 50% of the total fault for the crash, they will be completely prohibited from recovering any damages.
Therefore, it is critical to have seasoned legal counsel when suing after a Lyft accident in Texas. Skilled personal injury lawyers know how to handle claims involving comparative negligence and can advocate for minimizing any shared liability attributed to you.
The Statute of Limitations Deadline in Texas
Additionally, Texas has a two-year statute of limitations for filing personal injury lawsuits. This means you have two years from the date of your accident to take legal action or you may forfeit your right to compensation. This deadline applies to both Lyft and the driver who caused your injuries.
Don't Settle without Speaking to an Attorney
Lyft or its insurance provider may make a quick settlement offer after an accident. But it's important not to accept any offer without first consulting an attorney. An experienced lawyer can properly value your claim and fight for full fair compensation. Don't let Lyft or an insurance adjuster pressure you into settling for less than your case is worth.
Our dedicated Lyft accident attorneys will protect your rights and work to obtain maximum compensation for your injuries and losses. We will thoroughly investigate your crash, secure evidence, reconstruct the accident scene, consult with medical experts, and take all steps necessary to prove your claim. If Lyft refuses to provide a fair settlement, we won't hesitate to take them to court to win the verdict you deserve.
You can trust Karns & Karns Personal Injury and Accident Attorneys to handle your case with personal care and relentless advocacy. Contact us on 800-4THE-WIN today for a free consultation with a Dallas car accident lawyer.
