McAllen Ridesharing Accident Lawyers

In recent years, Ride-sharing services like Uber and Lyft have transformed transportation in McAllen, making life more convenient for many residents. Unfortunately, drivers are not perfect, and accidents do occur for a multitude of reasons.

If you were involved in a ride-sharing accident, we can help you obtain compensation for medical bills, lost wages, pain and suffering, and more.

Call us today to schedule a free case review. Its always free, and you do not pay anything unless we win your case. 

How To Get Compensated For An Uber or Lyft Accident

Compensation and the laws in Texas surrounding  ride-share accident claims might seem similar to a car accident, but there are more variables and laws to take into consideration when filing a claim or lawsuit. This is because there are multiple parties involved, complex insurance policies, the drivers are often contractors, and other legal challenges.

If you are owed compensation for your injuries and damages, your first step should be to find legal representation. The insurance companies and parties involved will do everything in their power to pay you as little as possible. They will even do their best to have your case dismissed, regardless of how badly you were injured.

If you’ve been injured due to an Uber or Lyft accident, hiring Ricardo A. Garcia, a skilled and experienced McAllen based ride-share accident lawyer, can greatly benefit your case and ensure you are compensated for your injuries and damages.

Do Not Speak With The Rideshare Company Or Insurance Adjuster After An Accident

Speaking with any of these entities can make or break your case. If you were injured in a ridesharing accident, you will probably receive a call soon after the accident by the liable parties insurance company.

They will act like your friend, and tell you that they want to resolve your case fast if you cooperate with them. Problem is, you are giving them potential ammo against yourself. This can end up causing your case to be thrown out, or even lower your claim by a substantial amount.

If you are being contacted by them, that means they are trying to avoid a larger payout. Make sure you get an attorney immediately and let them review the case and figure out how much your claim is worth. from there, you can decide whether you want to accept their offer or let an attorney handle your claim.

How It Works

• Case Investigation – We will gather evidence and determine all sources of liability.
• Insurance Negotiations – We handle communications with Uber, Lyft, and insurance providers to ensure fair compensation.
• Litigation Support – If a settlement isn’t reached, we are fully prepared to take your case to court.
• Communication: We are always here to provide you with answer and update you on the current status of your case.

Ride-share Accidents We Have Represented Recently

There are many reasons why you would want to file a claim due to a an accident while using the services of Lyft or Uber (or any other similar service).  These can range from severe injuries as a passenger, or while riding a bike and being hit by a rideshare driver.  Here are a few types of cases we have recently handled for clients.

• Passenger Injuries – Passengers in a Uber/ Lyft vehicle suffered injuries due to the rideshare driver’s negligence. In other cases, another driver caused an accident, which left a client with injuries.
• Collisions with Other Vehicles – We have represented rideshare drivers who were hit by or caused accidents with the following vehicles, private vehicles, motorcycles, and 18-wheelers / large commercial trucks.
• Pedestrian and Cyclist Accidents – Rideshare drivers failed to check for clients who were crossing the street after the traffic light gave them the go signal. In another case our client was cycling around town, but was hit by a rideshare drier picking up a passenger.
• Multi-Vehicle Crashes – A ride-share vehicle was in a multi vehicle accident in a high-traffic area, which caused several injuries to our client.

Will Uber or Lyft Pay For Damages?

When you order an Uber or Lyft, you are most likely unaware of what their insurance policy is and how it affects you in the case of an accident. Cabs, taxis, and buses have a different type of insurance that will protect you if you were hurt in an accident while in their vehicle.

Uber and Lyft will likely have insurance coverage for passengers, but it can become complicated if the Uber or Lyft driver was  hurt or if another vehicle involved in an accident with the rideshare vehicle. Some insurance companies will use loopholes in their policies to absolve themselves of responsibility regarding the claim.

Unfortunately, Uber and Lyft do not protect their drivers because those rideshare drivers are considered to be contract employees and are not legally required to have benefits or protections which means that they may not even be able to apply for workers’ compensation.

You will want to find a competent attorney who understands the law, and how rideshare companies operate when an accident does happen. 

Identifying Negligence and Responsibility For Damages

To file a claim, we must prove the negligent party, which will tell us where a claim should be filed. There can be cases where there are more than one negligent party, which can be similar to a truck accident claim.

1. Duty of Care – The driver has a responsibility to operate their vehicle safely.
2. Breach of Duty – The driver acted dangerously, recklessly or negligently. They failed to uphold their expected duties of providing a safe trip for passengers and others on the road.
3. Causation – The driver’s actions directly caused the accident. Speeding. Drinking while driving. Speaking on the telephone or using an App.
4. Damages – Providing evidence of financial, physical, or emotional harm as a result of another parties negligence (driver/company).

Types Of Negligence

• Driver Distraction – Rideshare drivers frequently use navigation apps and passenger notifications, which diverts their attention from the road on a regular basis.
• Driver Fatigue – Many Uber and Lyft drivers will work long hours or drive after another job, which can cause drowsy driving accidents.
• Reckless Driving – Speeding, aggressive lane changes, and failing to obey traffic signals can cause serious accidents.
• Improper Vehicle Maintenance – Rideshare drivers are responsible for maintaining their vehicles, but some neglect necessary repairs. Examples are breaks, tires, and signal lights.
• Third-Party Negligence – Other drivers, pedestrians, or even rideshare company policies may be the cause of an accident.

Types Of Evidence Used In A Claim or lawsuit

In order to file a claim or a lawsuit, your attorney needs to have evidence or proof that a negligent party is legally responsible for damages. Here are the most common types of evidence we can use in a case.

• Police reports and accident documentation
• Eyewitness statements
• Traffic or dashcam footage
• Rideshare app records and driver logs
• Cell phone records (for distracted driving claims)
• Expert accident reconstruction analysis

Who Pays For Damages?

Liability in an Uber or Lyft accidents will primarily depend on the driver’s status at the time of the crash, including:

• Driver Status – If the driver was not logged into the app, their personal auto insurance policy will cover the claim.
• App was On, without a Passenger – If the driver was logged in but had not yet accepted a ride, Uber and Lyft will provide limited liability coverage ($50,000 per person for bodily injury, $100,000 per accident, $25,000 for property damage).
• In Route or Transporting a Passenger – If the driver was in the process of picking up or transporting a passenger, Uber and Lyft provide lliability coverage of $1 million, including uninsured/underinsured motorist protection.

Types of Damages (compensation)

Economic Damages (Financial Losses)

• Medical Expenses – Emergency room visits, surgeries, rehabilitation, prescriptions, and ongoing medical care.
• Lost Wages & Future Earnings – Compensation for time off work and any long-term loss of earning potential.
• Property Damage – Repairs or replacement costs of your vehicle or other personal belongings.

Non-Economic Damages (Quality of Life Losses)

• Pain and Suffering – Compensation for physical pain and/or emotional distress due to the accident.
• Mental Anguish & PTSD – Anxiety, depression, and post-traumatic stress disorder (PTSD) following the accident.
• Loss of Enjoyment of Life – If your injuries prevent you from participating in activities you used to enjoy regularly.

Punitive Damages

• In specific cases where gross negligence is found (such as DUI or reckless driving), the courts can award punitive damages in order to punish the at-fault party and to deter similar behavior in the future.

How Much Is A Ride-sharing Accident Claim Worth?

The Value of a rideshare accident claim is not an easy number to come up with because there are several factors involved in how much you will receive. In order to find a rough estimate, we start with the following factors:

1. Extent and Severity of Injuries – Severity of injuries will play  a crucial role in determining the amount of compensation you are entitled to. Some example sare: whiplash, broken bones, a concussion, spinal cord damage, or even a traumatic brain injury (TBI)?  Next, we will see if you require long-term rehabilitation or ongoing medical treatment. The more severe the injury, the higher your compensation will be due to medical expenses, lost wages, and pain and suffering.
2. Liability & Circumstances of the Accident – Understanding how and why the accident happened is vital. Was the rideshare driver distracted, looking at their phone to accept a ride request? Were they speeding to finish more trips? Unlike commercial drivers, Uber and Lyft drivers do not have  any safety training, which makes liability complex. Our legal team has the resources and knowledge needed to investigate all aspects of an accident in order to determine who is at fault and what caused the crash.
3. Available Insurance Coverage – Rideshare accidents involve different insurance policies than standard car crashes. Uber and Lyft provide up to $1 million in coverage under certain circumstances, but these companies often try to minimize payouts by arguing the driver was an independent contractor, not an employee. In some cases, the driver’s personal insurance may also be involved. Given the complexity of rideshare insurance policies, it’s critical to work with an experienced attorney who knows how to navigate these claims and maximize your compensation.

Consulting a skilled attorney is the most accurate way to get an estimate for your claim.

How Long Will A Ride-sharing Claim or Lawsuit Case Take?

The timeframe for resolving a rideshare accident claim varies, and there are several factors to take into consideration. For example, there are insurance complexities, liability disputes, and severity of injuries. Some cases settle in a few months, while others may take a year or more if litigation is required.

We examine the following key factors when estimating the timeline of your case:

• Type and Availability of Insurance Coverage – Uber and Lyft’s insurance policies differ based on whether the driver was logged into the app, waiting for a ride request, or actively transporting a passenger. Insurance companies often dispute who is responsible for paying damages, leading to delays.
• Severity of Injuries and Recovery Time – The more serious your injuries, the longer the case may take. If your injuries require ongoing medical treatment or extensive rehabilitation, we may need to wait until you reach maximum medical improvement (MMI) before calculating long-term damages.
• Liability Disputes & Expert Investigations – Determining fault in a rideshare accident can be more complex than in traditional car accidents. We may need to hire accident reconstruction specialists, subpoena rideshare app data, and analyze dashcam footage to prove liability. The more investigations required, the longer the case may take.
• Negotiations vs. Litigation – Many rideshare accident claims are resolved through settlements, but if the insurance company refuses to offer a fair payout, we are fully prepared to take the case to court. Litigation adds time but may be necessary to secure the compensation you deserve.

Every case is different, but having an experienced rideshare accident attorney by your side ensures that the process moves as efficiently as possible while maximizing your compensation.

How To Ensure Maximum Compensation

• Get Medical Help – Some injuries may not be immediately noticeable.
• Call the Police – A police report serves as a crucial piece of evidence.
• Evidence – Take photos of the accident, vehicle damage, road conditions, and any visible injuries.
• Contact Information – Exchange details with the ride-share driver, other motorists, and any witnesses.
• Report the Accident to Uber/Lyft – Notify the rideshare company through their app or customer service.
• Speak with a Lawyer First– Avoid giving statements to insurers without legal representation.

You Can Trust Ricardo A. Garcia To Win Your Case

• 30+ Years of Experience Handling only personal injury cases
• Board Certified In Personal Injury Law
• Skilled & A highly sought after defense in Texas
• Hundreds of millions in claims and lawsuit wins related to accidents
• We have a team of experts to help research, analyze, investigate, and defend your case
• Low case load. We give you the attention and care to complete a claim Fast
• Recognized by the legal community as one of the best trial attorneys in Texas. When other attorneys have a client in need, they bring Ricardo A. Garcia to help them win their case.

Please call our office right away to schedule your free initial consultation.