This is the next post in a series of articles discussing automobile accidents involving Uber drivers in Fort Worth, Texas. The previous post discussed how Texas’ legal framework applies to Uber accidents. Depending upon the facts surrounding the accident, it may be possible to hold the Uber driver and Uber responsible for the accident and recover from one or both parties. Hiring a law firm with personal injury experience and the resources available to handle your case will help preserve your legal rights. In this post, we will discuss the process of establishing liability in the context of an Uber accident case. If you have suffered an injury following a car accident, contact a Fort Worth attorney as soon as possible to protect your interests.
In order to recover damages following a catastrophic accident, the victim or their family, will be required to prove that the defendant was responsible for the crash. Whether during settlement negotiations with the defendant’s insurance company or during the trial, the plaintiff must present evidence establishing the defendant’s liability. When considering the liability of an Uber driver, the victim may use witness statements, videos or photographs, police reports, phone records, or other forms of evidence in support of their case. For example, if the Uber driver’s cell phone records indicate that he was texting at the time of the crash, this would support an argument that distracted driving led to the accident. Likewise, if the driver received a citation for excessive speed or reckless operation, such information would be evidence of liability. In some cases, it may be necessary to engage an accident reconstructionist to help establish who was responsible. This type of expert uses information from police reports, weather conditions, lighting, etc. to recreate the circumstances surrounding the crash and draw conclusions about liability.
When pursuing a claim against Uber in connection with the accident, additional evidence will be required to establish Uber’s fault. This evidence will include documentation related to the driver’s hiring, training (if any), disciplinary actions, etc. The driver’s history of car accidents, DUIs, violations or other legal trouble may also be important. Any information that demonstrates Uber’s negligence or gross misconduct in their hiring, retaining, training or supervising the driver, will be essential. For example, the driver’s personnel records indicate that he had been reprimanded previously for reckless operation of his vehicle. Uber took no action to prevent him from driving for Uber after the warnings. Under such circumstances, the company may bear some responsibility for the crash. Every case will be different and will depend upon the specific facts involved.
When selecting a law firm to represent you, we suggest locating a firm with multiple attorneys who are board certified in personal injury law by the Texas Board of Legal Specialization. We also recommend law firms who employ on-site investigators and have the financial resources available to thoroughly manage your case, whether during settlement negotiations or at trial. These recommendations apply regardless of whether the incident took place in Fort Worth, Dallas, or another Texas area.