Lyft is growing exponentially. This is excellent news if you’re a shareholder or even a rider. But if you are someone who was hurt in a Lyft accident or you lost someone you love in one, this news might make you cringe. Instead of improving your life and offering convenience, Lyft or a similar rideshare service turned your world upside down.
You don’t know when it will be back on course. Now more than ever is the time to advocate for yourself and call the Dallas Lyft accident attorneys at Stewart J. Guss, Injury Accident Lawyers.
We are a national law firm based in Texas with multiple offices around the country, including Dallas. We also work with affiliate law firms in most states that share our focus and dedication to excellence. No matter where you are located, we may be able to help you, so call or contact us now. We are open, for free, 24 hours a day, seven days a week, at 800-898-4877, or you may contact us now by clicking here to submit your case for review.
The University of Chicago Booth School of Business recently conducted an in-depth study examining the onset of ridesharing apps and ride-hailing popularity and the subsequent increase in the number of motor vehicle crashes and deaths.
The study revealed that rideshare services such as Lyft and Lyft have led to a three percent increase in overall car accident deaths. Researchers reached this figure by reviewing the eight financial quarters for both companies before and after their rollout dates.
They assessed the increase in rideshare usage over seven years, evaluating traffic volume, preferred methods of transportation, and the total number of car accidents.
The University of Chicago’s rideshare accident report also took into account statistics from the National Highway Traffic Safety Administration (NHTSA) and compared accident rates in various major cities where the rideshare apps were first launched (adjusted for the total number of vehicle miles traveled). The researchers’ findings reveal some surprising statistics:
Almost 1,000 car accident deaths each day are due to the increasing number of rideshare vehicles on American roadways. Over two recent years, rideshare drivers were in at least 97 deadly crashes, causing 107 fatalities. Of the fatalities, 21 percent of those crash victims were riders, and 21 percent were drivers. The remaining 58 percent of crash victims were third-party drivers or passengers.
The overarching consequence that the rideshare accident report documented is an increased likelihood of a severe or fatal crash, no matter if someone is a rideshare driver, passenger, or traveler in a third-party vehicle. While rideshare apps are highly convenient and necessary modes of transportation for some, their increased use has essentially made our roads more hazardous due to Uber and Lyft accidents.
Some other critical findings from the report include:
- The increase in rideshare accidents seems to persist and keeps increasing over time.
- Surprisingly, the accident rate has stayed steady during weekdays, weeknights, and weekend nights.
- In 2010, traffic fatalities in the U.S. were the lowest since 1949 at 32,885 fatalities but in 2016, that figure increased significantly to more than 37,400.
- Collisions happening at drop-off and pickup points are also on the rise.
Ridesharing app usage increases mean more cars on the road and more accidents. This equates to more injuries and deaths across all types of travelers including drivers, their passengers, bicyclists, and pedestrians.
The study also highlights that an increase in rideshare accidents is due to more rides being summoned by app users and Uber and Lyft drivers simply spending a considerable amount of time on the roads. Remember that rideshare drivers don’t spend their time driving passengers from one place to the next. Roughly 40 to 60 percent of the time, rideshare drivers are either traveling to pick up a new passenger or searching for new passengers as in driving or idling while waiting for another rider to purchase a trip. Additionally, rideshare users in major cities such as Dallas and Fort Worth are more at risk of rideshare crashes, with 90 percent of Uber accidents occurring in urban areas.
In cities like Dallas, the increase in rideshare traffic isn’t always a direct trade-off for a trip in a personal vehicle—meaning that rideshare trips are a frequent substitute for public transportation. According to the study: “Surveys show that less than half of rides in nine metro areas are actually a substitute for a trip that someone otherwise would have made in a car.”
As is the case with all Texas motor vehicle collisions, liability for injuries or damages is determined according to fault, whether it’s unintentional or intentional. For example, Lyft and other rideshare app companies mandate that their drivers have private liability insurance coverage and uninsured/underinsured coverage up to $1 million per crash.
In addition, Lyft provides third-party liability insurance coverage that pays up to $1 million per accident for any personal injuries or property damage.
However, the third-party coverage only applies after the Lyft driver’s insurance policy has been exhausted. For example, if the rideshare driver was not officially logged into the Lyft app or was off duty during the accident (in other words, they weren’t transporting a paying passenger), the driver’s personal insurance policy should cover damages for injuries or fatalities.
If the Lyft driver was logged into the app and transporting a customer at the time of the accident, the company insurance policy should cover any injury or fatality resulting from the wreck.
For accident claims involving injuries—whether minor or severe—the skilled and compassionate Dallas Lyft rideshare lawyers at Stewart J. Guss, Injury Accident Lawyers are ready to file a claim on your behalf seeking to recover monetary damages for your medical expenses, pain, and suffering, diminished quality of life, emotional or physical trauma, lost wages and income, vehicle damage or replacement, and any other applicable damages.
If the claim involves a fatality, various surviving family members or dependents can file a wrongful death lawsuit to recover damages such as the decedent’s medical expenses before their death, funeral or burial expenses, loss consortium, loss of companionship, and many others. Proving liability in a Lyft rideshare accident is best left to qualified rideshare accident attorneys, as companies like Lyft will deploy a team of lawyers and insurance representatives to fight your claim.
Other Party Liability
The Lyft driver isn’t the only potential party liable for your accident. Many other additional parties may be at fault or partially at fault in the accident.
They can include:
- Lyft due to negligent hiring practices
- Government agencies responsible for the maintenance and safety of the roads and the traffic stoplights and stop signs
- Other motorists
- Employers of other motorists, for example, Amazon or FedEx
- Owners of other vehicles
- Motor vehicle manufacturers
- Parts manufacturers
It’s essential to determine the correct party or parties liable for your accident. For example, if you hold the wrong ones accountable, you won’t receive compensation for your injuries. When you hire a Dallas Lyft accident attorney, they will perform a comprehensive investigation to determine how the accident occurred and who is at fault.
We work with accident reconstructionists, private investigators, and other professionals to ensure we leave no stone unturned when seeking full and fair compensation for your injuries.
Suppose our investigation determines there is more than one party at fault. In that case, we will maximize your compensation by ensuring they are all held accountable for their negligent actions. If your case goes to court, a judge or a jury will determine the degree to which each party is at fault and how much compensation they each owe you. For example, perhaps your Lyft driver has a history of DUI/DWI that Lyft blatantly overlooked when allowing them to work on their platform. In addition, a set of traffic lights malfunctioned. The Lyft driver, Lyft, and the government agency can all be held liable for your injuries and damages.
The court might apportion their fault as follows:
- The Lyft driver: 50 percent
- Lyft: 30 percent
- Government agency: 20 percent
If your damages are worth $100,000, they will respectively pay $50,000, $30,000, and $20,000 for your damages.
Determining Fault in Lyft Accidents
In most Lyft accident cases, the negligence of one or multiple parties is the cause of the accident. There are four elements of negligence. The first two seek to determine who, if anyone, is to blame for the accident.
- Duty: Did one or multiple parties owe the injured victim a duty of care? For example, a Lyft driver owes their passengers a duty of care to not drink and drive and to obey traffic laws.
- Breach of Duty: Did one or multiple parties breach or violate their duty of care to the injured party? For instance, did a Lyft driver fail to yield to oncoming traffic, or did a vehicle manufacturer fail to detect a defective design flaw in part?
If your Dallas Lyft accident attorney can prove that someone owed you a duty of care and violated that duty, they satisfy the first two elements of negligence. These are typically the easiest ones to prove.
However, your attorney must prove two additional elements of negligence to receive full compensation.
- Proximate cause or cause in fact: Your injuries arose from the other party’s breach of duty. For example, a Lyft driver used their app and ran a red light hitting your car. As a result of the accident, you suffered a broken leg and a concussion.
- Damages: It’s not enough to prove that the other party caused you harm; you or your attorney must also prove that you sustained damages such as pain and suffering, medical expenses, and loss of enjoyment of life.
Causes of Lyft Accidents
Lyft drivers can get into accidents for all the reasons that other drivers can be involved in accidents. However, due to the nature of their job, there are several common causes of accidents specific to rideshare drivers.
- Driving in strange areas: Many rideshare drivers drive in areas they aren’t familiar with. Driving in these areas increases the risk of an accident, especially if the driver must look at their GPS frequently.
- Using the Lyft app: Lyft drivers must log in to the Lyft app while working. While understandable and helpful, the app can create an additional source of distraction, further increasing the risk of an accident. Drivers frequently consult the app regarding their destination and to pick up their next passengers.
- Passengers: Whether chatting with passengers or being concerned about their behaviors, simply having them in the vehicle increases the chances of an accident as they distract the driver.
- Fatigue: Many Lyft drivers are driving as a side hustle and have regular full-time jobs they work. As a result, these drivers are more fatigued as they do not get the sleep or rest they need. However, recent studies show that drowsy driving is just as dangerous as drunk driving.
Dallas Lyft Accident FAQs
If you or a family member were recently involved in a Lyft or other rideshare service accident, you may feel confused and overwhelmed. You likely have a lot of questions and concerns. The best way for you to address them is to schedule a free consultation with an experienced Dallas Lyft accident attorney at Stewart J. Guss, Injury Accident Lawyers. We know that some of your questions are pressing, and so we’ve addressed some here as well.
Should You See a Doctor After Being Involved in a Lyft Accident?
Whether you feel pain or not or have visible injuries or not, you should still seek a medical evaluation from a licensed doctor after being involved in any motor vehicle accident. Some injuries don’t show up right away. Sometimes the pain isn’t felt right away due to the shock of the situation. But don’t let the absence of pain or visible injuries fool you into thinking you are okay. If you don’t go to the emergency department via ambulance, go to a doctor somewhere.
You can have internal injuries or bleeding that can be fatal if not checked out. In addition, if you don’t document your injuries now, but you start to feel pain in a week or two, it may be more challenging to prove your injury claim to the insurance company. Insurance claims adjusters often use a gap between the accident and the victim seeking medical care to their advantage and assert that something else must have happened after the accident to cause the injuries.
What Are the Common Injuries Suffered by Victims of Lyft Accidents?
Injuries in Lyft accidents can range from extremely mild cuts and abrasions to life-threatening or deadly head trauma or internal bleeding. It all depends on the type and severity of the accident. For example, if the accident happened at a higher speed or involved a semi-truck, the injuries are probably far more severe or catastrophic.
Common injuries we see arising from Lyft accidents include:
- Traumatic brain injuries (TBI)
- Contusions or bruises
- Spinal cord injuries (SCI)
- Fractured bones, especially the ribs, wrists, ankles, legs, pelvis, and skull
- Post-traumatic stress disorder (PTSD)
- Bruised or bleeding internal organs
- Sprains and strains
- Other back and neck injuries
Some injuries can lead to life-long consequences or take months or years to recover from. Still, other injuries may leave the injured party with severe scarring or disfigurement. Victims and their families deserve fair compensation. Our Dallas Lyft accident attorneys are ready to fight for you if you suffered any type of injury due to a Lyft driver or another party’s negligence.
When Should You Call a Dallas Lyft Accident Attorney?
If the Lyft accident injured you or damaged your property, call our Dallas Lyft accident attorneys as soon as possible after your accident. Seeking medical care is always the first thing you should do. However, once you are medically stable, reach out to our office to learn more about your legal rights and how we can help you.
By hiring an attorney sooner rather than later, you can:
- Ensure you don’t miss the applicable filing deadline for your case
- Protect yourself from insurance adjuster tactics to delay, devalue, or deny your claim
- Avoid speaking directly to the insurance company
- Focus on your healing and recovery while your attorney manages your case
- Maximize the compensation you receive for your damages
What Are the Most Dangerous Intersections and Roads in Dallas?
Dallas is a heavily populated area with many busy highways. Even in times of decreased traffic, accidents are quite common. Sometimes it’s how the road was made or maintained or the design of an intersection that leads to an accident.
Over 50 percent of all U.S. traffic accidents happen at intersections, as per data released by the Federal Highway Administration.
According to accident data released by the Texas Department of Transportation, the top 10 most dangerous intersections in Dallas-Fort Worth and surrounding areas are:
- LBJ (I-635) and Skillman Street in Dallas
- Henderson Street and Weatherford Street in Fort Worth
- South Sherman Street and Spring Valley Road in Richardson
- LBJ (I-635) and Central Expressway (Highway 75) in Dallas
- Belt Line Road and the Dallas North Tollway (Dallas Parkway) in Dallas
- Northwest Highway and Walton Walker Boulevard in Dallas
- Six Flags Road and Watson Road in Arlington
- Buckner Boulevard and Military Parkway in Dallas
- East Park Row Drive and Watson Road in Arlington
- Buckner Boulevard and John West Road in Dallas
Other dangerous intersections of concern include:
- I-35W and Western Center Boulevard in Fort Worth
- Preston Road and Plano Parkway in Plano
- Watson Road and Six Flags Drive in Arlington
- I-35W and NE 28th Street in Fort Worth
- I-35W and Meacham Blvd in Fort Worth
- U.S. 380 and Central Expressway (Highway 75) in McKinney
- William D. Tate Avenue and Mustang Drive in Grapevine
- Riverside Drive and East Lancaster Avenue in Fort Worth
- I-35W and Basswood Boulevard in Fort Worth
- Frankford Road and Josey Lane in Carrollton
- Commerce Street and Lamar Street in Dallas
- Forest Lane and Audelia Road in Dallas
- University Drive (U.S. 380) and North Carroll Boulevard in Denton
- Valley View Lane and Josey Lane in Farmers Branch
- I-35W and Heritage Trace Parkway in Fort Worth
- Henderson Street and Belknap Street in Fort Worth
- Jupiter Road and Forest Lane in Garland
- Coit Road and Spring Creek Parkway in Plano
- Tennyson Parkway and the Dallas North Tollway (Dallas Parkway) in Plano
What Insurance Policy Covers Dallas Lyft Drivers?
The specific policy and insurance company for a Lyft driver will depend on their status when the accident occurred. If their Lyft app is off and they are off duty, their personal auto insurance coverage applies.
They must carry the minimum liability insurance required by Texas laws, which is 30/60/25 coverage:
- $30,000/accident of coverage for injuries per person
- A total of $60,000/accident
- $25,000/accident of coverage for property damage
If the driver has their app on and is awaiting a ride request, Lyft provides third-party liability insurance for covered accidents if the driver’s personal auto policy doesn’t apply.
Generally, the limits are:
- $50,000/person for bodily injury
- $100,000/accident for bodily injury
- $25,000/accident for property damage
However, the insurance policies can differ to comply with state or city insurance requirements.
If the driver’s app is on and they are picking up passengers or are in the process of giving a ride, Lyft provides the following insurance for covered accidents:
- $1,000,000 for third-party liability
- Uninsured/underinsured motorist bodily injury and/or first-party coverage
- Contingent comprehensive & collision up to the actual cash value of the car (a $2,500 deductible applies)
What Is the Statute of Limitations?
Generally speaking, the statute of limitations is a legal deadline for something. It limits the amount of time someone has to take a specific action. In personal injury cases, a statute of limitations refers to the amount of time an injured party has to litigate their claim. For example, in Texas, an injured party has two years from the date of their injury to file a personal injury claim in court.
However, the exceptions to this law include:
- If the injured party is “under a legal disability,” meaning they were under the age of 18 or of unsound mind when the accident happened. In this case, the two-year clock won’t start ticking until the victim reaches the age of 18 or becomes mentally competent. For example, if the victim was 16 when the accident occurred, they will have until their 20th birthday to file an injury claim.
- If the at-fault party leaves the state of Texas for some time, the clock stops. The time they are out of state doesn’t count toward the two years. The countdown won’t start again until they come back. For instance, if the at-fault party left Texas and moved to California six months after the accident, the clock will pause at six months. If they return five years later, the clock will start again, and the injured party will have another 18 months to file their claim.
- If the injured party didn’t know they had a personal injury claim, the statute of limitations can increase. The countdown won’t start until the victim knew or should have reasonably known that they sustained an injury or that the other person involved in the accident was at fault for the injury. For example, suppose you were in a Lyft accident but felt fine afterward. Three weeks later, your back starts to bother you, and you learn that you have a slipped disc and some other damage from the accident. The clock won’t start ticking until your back begins to hurt.
Suppose you fail to file your claim within the appropriate deadline based on your situation. In that case, you will most likely lose the right to pursue compensation for your injuries. You can still file a claim, but the at-fault party or their attorney will almost always file a motion to dismiss your case based on the expired statute of limitations. The judge will have no choice but to grant their motion.
Another crucial factor to keep in mind regarding the statute of limitations is that if your accident involved a government agency, there might be a much shorter deadline that applies strictly to your claim against them. Never simply assume that it’s two years as with everyone else.
Since the statute of limitations isn’t always clear-cut, hire a Dallas Lyft accident attorney so you don’t miss the filing deadline in your claim, among many other things.
Why Should You Hire Stewart J. Guss, Injury Accident Lawyers?
There’s no doubt that Lyft accident victims deserve sound legal representation. Such claims can become quite complex, sometimes even for experienced attorneys. Handling an injury claim can take a lot of time and energy—both are resources on which accident victims are typically low. By hiring an attorney, you have an advocate and skilled negotiator on your side who will work tirelessly to get you what you deserve for your injuries. But why hire Stewart J. Guss, Injury Accident Lawyers?
We’ve been handling catastrophic injuries cases for over 20 years. No matter how complicated your case is or how severe your injuries are, we have the experience to get you what you deserve.
We Put Clients First
Our founding attorney, Stewart J. Guss, is known for his passion for justice and having a “clients-first” mentality that shines through all of his work. We do whatever it takes to get the best possible outcome for each one of our clients. We don’t see you as a number. You are a real person with a real story and real injuries.
We Only Practice Personal Injury Law
While many law firms dabble in several areas of the law, such as family matters, criminal defense, or estate planning, we focus solely on personal injury. Our laser focus on this area of law allows us more experience and to deliver the kind of results that our clients want and deserve.
We Are Local
Our founding attorney grew up right here in Texas. While we have several offices outside of the state in places like Louisiana or California, our founder is from Texas, and most of our operations are here. We have an office in Dallas, one in San Antonio, three in Houston, and one in Katy.
Please don’t take our word for it; see what previous clients say about us and our services.
If you decide we might be a good fit for your legal needs, give us a call right away to schedule your complimentary case consultation. We offer case reviews at no charge to help you take the first step in getting the compensation you deserve.
At Stewart J. Guss, Injury Accident Lawyers, we know how tragic rideshare accidents can be. One minute you are on your way out for a night on the town with your friends or to another regular day at work. The next, you wake up in the emergency room wondering what happened. We represent injured clients with many different damages and injuries, and we aren’t afraid to stand up to insurance company giants to do what’s right for our clients.
The legal team of Stewart J. Guss, Injury Accident Lawyers, is nationally recognized for protecting the rights of injured victims for more than 20 years. If a Lyft accident injured you, call our office right now for a free consultation! Because we take all of our Lyft accident cases on a contingency fee basis, you will not owe us a dime unless we win your case. We are available 24 hours a day, seven days a week, so call us today at 800-898-4877 or contact us now by clicking here. So get your claim started today with a complimentary case consultation from us.
Stewart J. Guss Personal Injury Lawyers
10 Pacific Avenue, Suite 6000
Dallas, TX 75201
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“I was very pleased with how Stewart handled my case. He acted professionally at all times and really had my best interests at heart. I was pleasantly surprised by the outcome too! I would definitely recommend my friends and family to use him as their lawyer.”
Since starting his firm in 1999, Stewart J. Guss has had the honor of representing clients from all over the world, helping them recover from even the most catastrophic injuries.
Today, thanks to a strong belief in those values of compassion, respect, and approachability, the firm has grown to employ over 120 legal professionals in numerous offices across 4 states, with nationwide reach.