Jul 1, 2021
| By Anthony Milano
| Read Time: 2 minutes
Ridesharing is so popular that the chances are high of being involved in an accident with one of these drivers. After a collision, the next steps you take are critical to obtaining the compensation you deserve. Stop everything and try not to panic. Check if anyone is injured and, if possible, move yourself to safety or stay in your vehicle. Call 911. Emergency responders can attend to anyone injured, and the police will fill out an accident report. This report will play a vital role in proving liability when filing an accident claim. Even if everyone’s injuries were minor, it is in your best interests to have the accident officially investigated, especially when a rideshare driver is involved. Gather information. Ask for the names, contact information, and insurance details of everyone involved. If there are any witnesses, ask how you can get in contact with them as well. Eyewitnesses can have a significant bearing on how an insurance provider will treat your claim. Don’t admit fault. Choose your words carefully when you’re interacting with the other parties involved. Saying something as simple as “I’m sorry” can imply guilt, which can possibly be used against you when you file an insurance claim. Take pictures and/or videos. Photos and videos of the scene, the damage to the vehicles, their positions, and your injuries can be beneficial. Along with witness accounts, photos and video can help you prove liability when it is being disputed. Seek medical care. If you were not immediately transported to the hospital, see a doctor as soon as possible. There must be medical records linking your injuries to the accident for you to obtain compensation. Call your insurance provider. After collecting all the required information on the other parties, you can notify your auto insurer of the accident and discuss your coverage options. Speak to a car accident lawyer. As soon as you can, call a trusted Houston Car Accident Lawyer who is experienced in rideshare accidents specifically. These cases and figuring out which insurance policies apply can be complicated. An attorney will immediately begin investigating to gather the evidence you need to prove liability and obtain compensation to cover your losses entirely. Can You Sue a Rideshare Company after a Car Accident? Rideshare companies such as Uber and Lyft consider their employees independent contractors, making suing them for liability very challenging. As of now, legal issues on rideshare company liability are being worked out in the courts, but you do have the right to file an insurance claim. Uber and Lyft carry commercial insurance coverage with a maximum liability limit of up to one million dollars. However, these policies will only kick in if the driver was on duty at the time of the accident. If the driver did not have an active ride at the time, you can only recover up to $50,000 per injured person, up to two people. Any additional compensation would come from the at-fault driver’s personal insurance policy. Accidents caused by off-duty rideshare drivers must be covered by their personal insurance. Contact Us Today If you or a loved one has been severely harmed in a rideshare accident, contact Milano Legal Group. Our Houston Car Accident Lawyer can help you navigate this process and protect your best interests. Schedule your free consultation today.
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Jun 30, 2021
| By Anthony Milano
| Read Time: 2 minutes
Car accident claims are already complex, but when a self-driving or autonomous vehicle is involved, the level of complication rises significantly. Who is responsible for damages after a crash with a driverless car is an ongoing legal debate and the subject of many lawsuits. What is Considered a Self-Driving Car? A vehicle that is equipped with advanced technology and software systems so that it requires little to no effort by a human driver to operate. These vehicles have various levels of automation, from level one that requires driver assistance to level five, which is full automation. Potentially Liable Parties Concrete liability laws do not exist yet, but various factors unique to each collision will determine who is liable for a self-driving car accident. However, self-driving technology has not been perfected to where the car does not require some human assistance. In March 2018, a self-driving Uber car struck and killed an Arizona pedestrian, making it evident that autonomous vehicles could not sense, react to, and avoid unexpected danger. What this means is the human in a self-driving car involved in an accident, whether they are driving or remotely operating the vehicle, can be held liable if they cause an accident. If the driver or remote operator is an employee and working at the time of the accident, their employer could be vicariously liable for damages. Driver Liability Self-driving vehicle manufacturers are likely to blame a human driver in the event of an accident. On many autonomous vehicles, the software alerts the driver when they must take over the wheel. If the driver failed to take over when warned to do so, they can be held responsible. Manufacturer Liability There can be instances of a technological failure or the software failing to alert the driver quickly enough to avoid danger, making the manufacturer liable. In some cases, multiple parties will be liable, but it will depend on which parties were considered negligent and caused the accident. Texas’ Negligence Law Texas operates under the rule of modified comparative negligence. This law applies to self-driving accident cases and allows multiple parties to be responsible for damages resulting from a collision. However, each party’s percentage of fault will directly impact their recovery, and they must be 50% or less at fault to receive compensation. This is known as the 51% bar rule, which bars a claimant from recovering compensation if they are 51% or more to blame for an accident. Example: If you are awarded $100,000 and found 25% responsible because you were not wearing your seatbelt, you will receive 75% of your award or $75,000. On the other hand, if the jury determines you are 51% percent responsible, you will not receive compensation. Contact Milano Legal Group The manufacturers of self-driving vehicles or employers of those operating them will have teams of attorneys to help them devalue or invalidate your claim. When your health and financial future are on the line, you need an experienced Houston Car Accident Lawyer to help you hold the liable parties accountable. Contact us online or call (713) 489-4270 today for your free consultation.
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Jun 29, 2021
| By Anthony Milano
| Read Time: 3 minutes
When another driver is clearly at fault for your car accident, that doesn’t mean their insurance company will accept liability. There is evidence that is vital to supporting your accident claim, and here are some examples of what you need to obtain the compensation you are entitled to. Evidence from the Accident Scene The evidence you can gather from the crash scene includes photographs and videos, any available video surveillance, measurements of skid marks, the contact and insurance information for the people involved, and any witnesses. The positions of the vehicles after impact should also be noted, as well as the weather conditions and any surrounding factors that could have contributed to the collision. Police Report The police should always be called after a car accident so an official report can be made. The report will contain contact and insurance information for the parties involved if you were unable to obtain it. It will also include the position of the vehicles, how the officer believes the accident happened, who they believe caused it, and if any drivers were cited for a traffic offense that will also be noted. Although police reports are generally inadmissible in court, they will typically hold considerable weight with an insurance adjuster when determining who is liable. Eyewitness Statements Eyewitness statements or their evidence recordings can be an invaluable resource because they do not have their own interests in mind or care about the case’s outcome. However, it can be challenging to obtain a record of eyewitness testimony, so you likely need an experienced car accident attorney to help. Medical Records Medical records are vital to a car accident claim. They link your injuries directly to the accident and also testify to the severity of your harm and required future care. Information on your injuries can also possibly confirm the speed and position of the vehicles at the time of the crash. Documentation of Other Losses You will need to provide records and receipts to obtain compensation for any other financial losses related to the accident. For example, repair or replacement invoices for the damage to your vehicle and other property, a receipt for a car rental, etc. To show evidence of lost income, you can provide pay stubs and W-2s and any records of missing work. Expert Testimony Depending on the circumstances of your car accident, your case may require expert testimony. For instance, your attorney may hire a medical expert to testify to the extent of your injuries and how they will impact you in the future, a forensic accountant to calculate future losses, or an accident reconstructionist to gather additional evidence on how the accident occurred and who caused it. How Negligence is Proven in a Car Accident Case With the evidence you have gathered, you must be able to establish the following four elements to successfully hold another party liable for your car accident in court: Duty. The driver owed you a duty of care. (e.g., drivers have a legal obligation to follow traffic laws and exercise reasonable caution) Breach of Duty. The driver breached their duty by failing to use reasonable care. (e.g., texting and driving, running a stop sign, speeding, etc.) Causation. The driver’s negligence directly caused your injury. (e.g., medical records of treatment right after the crash) Damages. The last element you must prove is damages or financial losses. (e.g., medical bills, lost income, etc.) Proving negligence can be complex, and your actions immediately following a car accident are critical. Milano Legal Group Can Help You Our highly experienced Houston Car Accident Lawyer can help you preserve the critical evidence you need to prove fault and obtain the compensation you deserve. Message us online or call (713) 489-4270 today for your free consultation.
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