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Accidents can happen when you least expect them, especially while using rideshare services like Uber or Lyft. If you’re injured in a rideshare accident, it’s natural to feel overwhelmed.
But knowing what to do next can make all the difference. From seeking medical attention to contacting a San Antonio Uber accident lawyer, taking the proper steps ensures you’re protected and can get the compensation you deserve.
Here’s how to handle it.
Stay calm and check for injuries
First, take a deep breath and evaluate your present condition. Are you injured? Is anyone else involved in the accident hurt? It is necessary to maintain your composure and try to pay attention to everyone’s safety. Call 911 for an ambulance without delay if you or someone else is critically injured.
Even if you think your injuries are not severe, you need to go to the doctor. Sometimes, symptoms from injuries, such as whiplash or damage inside the body, might come hours or even days later.
Having a medical examination is essential so that all injuries are recorded. This will be crucial later on should you wish to claim for compensation.
Report the accident
When all individuals are out of danger, it is time to report the accident. Call 911 and make an accident police report, as it is of utmost importance when dealing with modes of compensation that involve insurance and the court as well.
The rideshare company should also be informed through the app. For instance, both Uber and Lyft have the functionality of reporting incidents linked to the department in charge of claims.
While it is imperative to give a narrative to the police or rideshare company, report only the objective facts. Take care not to state that you are to blame for the accident, nor venture how or why it happened in the first place.
Gather evidence at the scene
While you’re at the scene, gather as much evidence as possible. This will help later when filing claims or seeking compensation. Use your smartphone to take photos of:
i) The vehicles involved, showing the damage clearly.
ii) The surrounding area, including road conditions and any traffic signs.
iii) Your injuries, if they’re visible.
If there were witnesses to the accident, get their contact information.
Keep all medical records
After seeking medical assistance, it is crucial to protect all your medical files. Such documents validate the injuries you had because of the accident. They include the doctor’s notes, results of diagnostic tests, medical prescriptions and medical bill receipts.
Seek legal assistance
Filing a ridesharing accident claim all by yourself can be extremely tedious and exhausting. This is where you would want to hire a San Antonio personal injury lawyer, as this can make all the difference.
They specialize in making claims after rideshare accidents and will counsel you on who is liable to blame for your injuries.
Who could be liable?
Determining liability after a rideshare accident is not always right or wrong. Liability comes side by side with the circumstances of the accident that occurred and the role played by the rideshare driver at the time. Common scenarios include:
1. The rideshare company’s insurance
Generally, rideshare companies like Uber and Lyft carry insurance for particular drivers. If the accident occurred during transport or en route to pick someone up, the company may have insurance that applies to pay for the damages.
2. The rideshare company directly
Sometimes, the company itself may be held accountable. In such scenarios, for instance, if the company had not properly vetted its drivers or failed in not adhering to policies of vehicle maintenance, then the responsibility of the accident can be brought forth against the company.
3. The rideshare driver’s Insurance
That could be the case if the driver was not actively working for the rideshare company at the time of the accident; their personal auto insurance may be responsible to cover the damages. In many cases, this would occur when the driver was between rides or off duty.
4. Another driver
In most instances, the rideshare driver will not be at fault. When some other driver is responsible for your accident, an attorney will look toward recovering from that other driver’s insurance.
Filing a claim for compensation
Once this liability is established, the lawyer will help with filing. The damages typically cover medical treatment, loss of income and pain and suffering from the accident.
In some critical cases, where there is a permanent effect on your ability to work, some compensation could continue over your lifetime.
Be prepared for the claims process to take time. Most insurance companies do not wish to pay any significant amounts; having an experienced attorney will protect your rights.
Understand Texas laws
It pays to understand Texas’ laws about rideshare accidents. Texas is a “fault” state, meaning whoever is at fault owes for damages. This could be a driver, a rideshare company or another party altogether.
Texas also has a two-year statute of limitations regarding filing a personal injury claim from the date of your accident. It is, therefore, critical that you take immediate action.
Why legal assistance matters
Sometimes, the effect of a rideshare accident may be overwhelming; hence, one finds it almost impossible to handle such challenges alone. Your personal injury attorney will take you through the case by explaining all the steps to be taken, including the results to expect after each and every step.
They will handle everything, from discussion with the insurance companies down to gathering all evidence that may support one’s case to ensure they do not take advantage of the person.
The bottom line
Rideshare accidents can be confusing and overwhelming, but knowing what steps to take can make all the difference. Start by ensuring everyone’s safety and seeking medical attention.
Report the accident, document everything and keep all medical records organized. Finally, seek legal help to navigate the complexities of liability and compensation.
