What Legal Options Can Be Taken After an Uber Passenger’s Death?
A man recently died after a major crash at an intersection in San Antonio. There were two vehicles involved. Emergency crews found one vehicle on fire, with a back-seat passenger trapped.
Despite rescue efforts, that passenger later died from his injuries. He was believed to be a passenger in an Uber vehicle. Two other people were injured and taken to a local hospital for treatment. Uber has stated it will assist law enforcement with their investigation.
We do not often think about the risks of riding in an Uber or other rideshare vehicle, but the reality is that any driver can be involved in an accident at any time. Even safe drivers can be in a serious crash that harms passengers.
The requirements to be an Uber driver are not strict. While drivers need a valid license and a qualifying vehicle, and must pass background checks, they generally only need just one year of driving experience (three years for those under age 25).
So what happens when an Uber passenger is seriously injured or killed in a crash? Who is liable? What action can family members take? Here is a look at some considerations from a legal aspect.
Wrongful Death Claims Under Texas Law
Texas allows a wrongful death lawsuit when a death is caused by another party’s negligence, such as Uber crashes. Wrongful death and survival claims must generally be filed within two years of the date of death. Eligible claimants include the deceased passenger’s spouse, children, and parents. If none file within three months, the estate’s personal representative may bring the claim. Damages may include funeral and burial costs, loss of financial support, loss of companionship, and mental anguish.
In addition to wrongful death, Texas permits a survival action, which seeks damages the passenger could have recovered had they lived, such as medical bills, pain and suffering, and lost wages before death. These damages go to the estate.
Who May Be Liable
Potential defendants may include:
- The Uber driver.
- A third-party driver.
- Uber’s commercial insurance carrier.
Uber typically is never liable, as the company often argues drivers are independent contractors. However, if the Uber driver had accepted a ride or had the passenger onboard, Uber generally provides up to $1 million in liability coverage, plus uninsured/underinsured motorist coverage. If another driver caused the crash, that driver’s insurance may be pursued first.
Contact a Personal Injury Lawyer
Many people use Uber and Lyft to get from place to place, but while these people drive as a side job, they are not professionals. The bar is pretty low to become an Uber driver.
Rideshare accidents can be complex. A Houston rideshare accident attorney from The West Law Office, PLLC can ensure you take the proper steps. To schedule a consultation with our office, give us a call at (281) 347-3247 or fill out the online form.
Source:
news4sanantonio.com/news/local/west-side-intersection-blocked-after-two-car-crash-san-antonio-texas-police-firefighters-hospital-ambulance-traffic
