The use of rideshare apps such as Uber continues to gain popularity, putting more drivers on the road.
With more rideshare service drivers on our roads, the risk of accidents increases. Many of these drivers are unfamiliar with the areas they offer services in, which only increases the potential for a mishap.
Understandably, if you are injured while riding in a rideshare vehicle, you want to know who will pay for your injuries and how much you will receive.
It’s essential to speak with an experienced Texas rideshare accident lawyer to understand your rights and potential case value.
What Is the Average Uber Accident Settlement?
Unfortunately, there is no average settlement amount we can share with you. There is no such thing because every case is different.
Claims are evaluated individually on their own merit, which is what you want. You want to resolve your case for what it’s worth, not what some average range is.
Also, multiple factors impact your potential settlement, making it impossible to develop an average range for Uber accident settlement amounts. It’s not uncommon to have two accidents with very similar injuries resolve for entirely different amounts.
Factors That Impact Your Settlement Value
When you learn how various factors impact your settlement value, you may quickly understand why there is no average settlement value in Uber accidents. It’s imperative to have a clear picture of the following factors before deciding what your Uber crash lawsuit could be worth.
Type and Severity of Injuries
One of the most significant factors in your case is your injury type. A case involving soft tissue injuries will have a vastly different value than one involving a catastrophic injury.
The severity of your injuries also impacts your case value. A broken bone that heals with no complications or residual complaints is not worth the same as a broken bone that requires multiple surgeries and leaves you with recurring pain.
Liability also plays a key role in determining your potential case value. Before you can successfully collect any compensation, you must prove liability against the defendants. If you are a passenger in an Uber vehicle, it’s doubtful you have any fault for the accident.
However, you still have to prove who caused your injuries. If the Uber driver caused the accident, then they should be responsible for your damages. In some cases, the fault may lie with more than one driver.
If you are operating your own vehicle rather than riding as a passenger in an Uber vehicle, liability can be more complicated to prove.
Texas is a modified comparative negligence state. That means you can still collect a portion of your damages, even if you are partially responsible for the accident.
However, if you are more than 50% at fault, you will receive nothing. Uber will be looking for ways to show you were the primary cause of the accident, so they can reduce or eliminate their exposure.
Amount of Damages
Your damages are the financial losses that result from your injuries. They include both economic and noneconomic damages. Even cases with similar injuries can have different amounts of damages.
Economic damages are your quantifiable financial losses, such as medical expenses and lost wages.
These are somewhat easy to tally as they involve tangible costs and expenses. Your economic damages include property damage if you drove a vehicle, future medical costs, and time off work.
Noneconomic damages are more subjective and harder to calculate. These damages represent intangible losses, such as your physical pain and suffering, emotional anguish, loss of consortium, and more.
In limited scenarios, you may also be eligible for punitive damages. These damages are available only in accidents involving intentional acts or gross negligence, such as driving under the influence of drugs or alcohol.
Potential Coverage Limits
The amount of potentially available insurance coverage could also impact your settlement. While Uber drivers have insurance and the company carries liability insurance, it may not be the Uber policy paying out your claim.
If another at-fault driver carries low liability limits, it might not be enough to cover your entire claim. In rare cases involving catastrophic injuries or wrongful death, even Uber’s limits may not be enough.
There is also a tricky coverage element with Uber and other rideshare apps. Uber’s available coverage depends on the driver’s actions at the time of the accident.
Was the driver waiting for a fare? Were they on the way to pick up a passenger? Or were you the passenger in the vehicle? The Uber driver’s status is essential to determining potential coverage amounts available through the Uber company policy.
How Uber Accident Lawsuits Work
The litigation process with Uber accidents starts by filing a report with Uber. You can attempt to file a claim on your own or let a Texas Uber accident lawyer assist you.
When you retain the Francis Firm to represent you, we start by conducting a thorough investigation to preserve all evidence in your case. We will collect all pertinent documents, such as your medical records, bills, proof of lost wages, etc.
We will also handle all communication with the Uber claims representative and any other involved drivers. We will reach out to any witnesses at the scene to preserve their statements in case it becomes necessary to file a lawsuit.
Whenever possible, it’s best to hire a lawyer early in the claims process, so we can preserve evidence and locate witnesses before much time has passed.
When we have a clear picture of your case value, we will send a demand for settlement to all defendants. You don’t have to worry about negotiating with Uber or any other insurance company, because we handle all communications.
Our goal is to get you as much compensation as possible. You should be concentrating on healing from your injuries and getting back to your career if possible.
If the at-fault parties refuse to settle for a fair amount, or the statute of limitations is approaching, we will file a lawsuit on your behalf.
We can continue negotiations once the complaint has been filed. Filing a lawsuit doesn’t necessarily mean that you will have to go to trial, but it’s important to be prepared.
Why Retain the Francis Firm?
In the event a trial is required, we have the necessary skills and courtroom experience to represent you throughout the entire process competently.
We aren’t afraid to stand up to Uber, insurance companies, or any other large corporations during negotiations or in a courtroom trial. If you suffered injuries in an Uber accident, let us protect your rights and help you recover the compensation you deserve.
Don’t attempt to resolve your claim without understanding what your case’s total value is. Contact the Francis Firm today to schedule an initial consultation and learn more about how we can assist you with your Texas Uber accident claim.