Dallas Personal Injury Attorney Explains Uber Accidents

Dallas Personal Injury Attorney Explains Uber Accidents

Rideshare options have become popular, but what happens if you find yourself involved in a Lyft or Uber accident? Herbert & Eberstein offers some advice.

Rideshare platforms, like Uber and Lyft, have become incredibly popular in recent years. Uber, which was founded in 2009, now makes 15 million trips every day in over 600 cities worldwide.  With so many people taking advantage of the benefits of rideshare platforms, it’s important to understand what happens if you’re unfortunately involved in a Lyft or Uber accident. If you are injured in a Lyft or Uber accident, you may be entitled to damages and should discuss your case with an experienced personal injury lawyer like attorney Zach Herbert at Herbert & Eberstein.

Accidents and Rideshare Liability

When considering the big picture, the popularity of rideshare platforms is only about a decade or so old, which means that there are still some grey areas considering legislation and insurance regulations for rideshare contractors. This naturally opens the discussion about how to handle accidents and rideshare liability.

Most rideshare companies require their drivers to obtain and provide proof of a special rideshare insurance policy. Uber and Lyft provide a certain degree of coverage, but the amount and type of coverage are contingent upon specific details. A rideshare driver who hasn’t acquired an additional insurance policy may not be fully covered in the event of an accident.

This brings up the question of liability in regard to personal injury for passengers who are involved in an Uber or Lyft accident. This is where things can start to get tricky.

How to Respond in an Uber or Lyft Accident

When you use a rideshare program, you’re putting your trust completely in the driver. These services do their best to ensure that their drivers are safe, but this doesn’t eliminate the risks for passengers. Even when a rideshare driver takes every precaution for safety, there’s still a risk presented by other drivers on the road. While these services are generally safe, it’s important to be prepared and to know how to respond in an Uber or Lyft accident.

Anytime that you’re involved in a car accident, the first priority should always be to seek emergency assistance – no matter how minor the accident may seem. Police need to be notified so that an accident report can be filed, but more important than that is that emergency medical responders arrive to assess the health of everyone involved.

It’s important to get a medical examination following an accident, even if you don’t feel that you’ve sustained any injuries. It often happens that injuries can take a day or two to manifest physical symptoms, and turning down a medical examination can work against you in a personal injury case.

If you are physically able to do so, you should gather as much information about the accident that you can at the scene. This process might include taking a few snapshots of the scene with your phone, getting the contact and insurance information of the driver and asking where you can obtain an official copy of the accident report.

Additionally, while the driver has a responsibility to contact the service that they work for and report the accident, you should also make contact with the service as soon as you are able to. Doing so provides them with your own account of the accident and to have their representative answer your questions.

The Final Step Is to Contact a Dallas Personal Injury Attorney

While you should make contact with the rideshare company, it’s important to speak to a Dallas Personal Injury Attorney to discuss how to handle your Lyft or Uber accident. You want to use caution in answering any questions relating to your injuries or medical care with the rideshare provider and you should never accept or deny a claim without the assistance of an experienced attorney. If you are entitled to damages in a rideshare accident, a personal injury attorney can help ensure the very best outcome for your case. Call the attorneys at Herbert & Eberstein in Dallas today to discuss your case.

 

Media Contact:

Attorney Zach Herbert

Phone: 214-414-3808

http://zachherbert.attorney

Sources

  1. http://www.businessofapps.com/data/uber-statistics/

Common Types of Car Accidents and How To Avoid Them

Common Types of Car Accidents and How To Avoid Them

There are many types of car accidents resulting in injuries to drivers and passengers, but some are much more common than others. These types of accidents occur hundreds of times on a daily basis across U.S. and Texas roadways. If you or a loved one has been involved in a car accident in Texas, you should speak with a Dallas car accident lawyer today.  Below is a list of the six most common types of auto accidents, and some tips on how you can avoid them.

1. Rear-End Accidents

One of the first things you learn when you are a beginner driver is to not hit the car in front of you. As simple as this sounds, rear-end collisions account for 25 to 30 percent of all car accidents.

Perhaps we drive close to the car in front of us because we think it will help us get to our destinations quicker. Or we don’t think that the car in front of us will step on his or her brakes until after we finish sending our text. However, car accident statistics show that this isn’t the case. While rear-end accidents are usually not viewed as anything more than a fender bender, they can and do cause serious injuries frequently.

Avoiding rear-end crashes: Leave ample space between your car and the one in front of you. You learned this in drivers’ education – don’t forget it now. Also, don’t drive distracted. Don’t access your cell phone while you are behind the wheel.

2. Falling Asleep Behind the Wheel

This may not seem like that likely of an event, but falling asleep at the wheel happens more than you think. In fact, it’s estimated that about 7 percent of all car accidents, and 21 percent of crashes with fatalities, are caused by sleeping or drowsy drivers. Additionally, nearly 37 percent of drivers have admitted to falling asleep behind the wheel at least once in their lives.

Avoiding falling asleep behind the wheel: This one is simple – if you haven’t had enough sleep, or you feel drowsy, don’t get behind the wheel. There isn’t anything so important that you should take the risk of driving while you are so tired.

3. Losing Control of Your Car

Losing control of a vehicle causes about 11 percent of all car accidents. This percentage may seem like quite a large number because it’s hard to imagine losing control of your vehicle, but it does happen. A driver who is driving at too high of a speed can easily lose control going around a curve. Wet roads can also cause drivers to lose control. There are many other reasons that a driver may lose control. Really, any surprise situation whether a sudden turn or stop, an animal in the road, or anything that demands an instant response, can cause even an experienced driver to lose control.

Avoiding losing control of your car: Always keep in mind that your driving skills are not the only thing at play when you are driving. Your car, other drivers and the weather are also contributing factors.

4. Heading into Blind Areas

If you have ever made a left turn at an intersection when there is a big truck or bus opposite you and your vision is blocked, then you understand what it is to head into blind areas. As much as 12 percent of car accidents happen in these types of situations.

Avoiding heading into blind areas: Don’t assume. Always make sure that you can see what is coming. If you can’t, wait.

5. Lane or Road Departure

Staying in your lane is right up there on the list of things you learn first in drivers’ ed. Yet, 33 percent of accidents happen due to distracted lane departure. Distracted lane departure can be caused by a number of things, but it usually boils down to distracted driving. Whether it’s a cell phone, children in the backseat, or eating dinner with one hand and driving with the other, distractions can and do cause many accidents.

Avoiding lane departure accidents: Put down your technology, eat before you get in your car, and pay attention to the road in front of you – it might just save the kids in the backseat.

When the Worst Happens and You are Involved in a Car Accident

If you have been involved in a car accident, one of the types listed above or another type, it’s important that you contact a car accident attorney like Zach Herbert at Herbert & Eberstein for help with your case. If the other driver is responsible, and you have sustained injuries, you may be entitled to compensation for your damages.

 

Media Contact:

Attorney Zachary Herbert

T: (214) 414-3808

http://zachherbert.attorney

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Car Accident Rates Higher in States with Legalized Marijuana

In recent years, a number of states have decriminalized marijuana, with some states legalizing medical marijuana and others making it permissible for people to use marijuana for recreational purposes.

However, statistics show that marijuana legalization may come with serious consequences. Specifically, reports indicate that states that have decriminalized marijuana have higher rates of car accidents. Overall, the number of car accidents involving an individual under the influence of drugs has increased in states where new laws have made marijuana legal for medical or recreational use.

Report Says Drug Related Car Accidents Have Increased

According to a report released by the Insurance Institute for Highway Safety, states that have legalized marijuana have seen an increase in the number of car accidents. By contrast, car accident rates have not increased in states where marijuana remains illegal. While the states that have legalized marijuana haven’t seen a spike in fatal car accidents, the overall number of motor vehicle crashes has gone up.

Several studies have taken a look at how car accident rates have changed since states passed new marijuana legislation.  

One study found that car accident rates have increased by six percent in Washington, Oregon and Colorado. By contrast, car accident rates in neighboring states — where marijuana remains illegal — have not seen similar increases.

In a separate study, which considered the number of accidents reported to police both prior to marijuana legalization and afterward, researchers found that car accident rates jumped by 5.2 percent in states where legislators have made marijuana legal.

Studies Show Marijuana Impairs Cognitive Abilities

Although there aren’t many studies on the impact of marijuana’s effects on drivers, some research has shown that people who drive after consuming marijuana have slower cognitive skills. Additionally, simulators have revealed that people who drive under the influence of marijuana are more likely to weave in and out of traffic compared to those who driver sober.

It’s worth noting that driving while under the influence of marijuana remains a crime in all 50 states. Even in states that have decriminalized marijuana, it’s illegal for a motorist to operate a vehicle while under the influence of a drug that leads to impairment.  

However, one of the challenges of marijuana is that, unlike breathalyzers that measure an individual’s blood alcohol concentration, there are no tests that determine how much marijuana is in a person’s system. Police don’t have a straightforward way to determine how much marijuana an individual has consumed prior to driving.

Whereas the legal limit for driving under the influence of alcohol is .08 percent blood alcohol concentration, there are no national standards for measuring how much is too much when it comes to marijuana. This makes it very difficult for law enforcement to determine when a motorist is too impaired to drive.

According to the National Institute on Drug Abuse, “Marijuana significantly impairs judgment, motor coordination, and reaction time, and studies have found a direct relationship between blood THC concentration and impaired driving ability.”

Additionally, studies in Europe, where marijuana laws tend to be much more relaxed than those in the U.S., have found that motorists who drive under the influence of marijuana are about two times more likely to be responsible for a fatal car accident than drivers who aren’t under the influence of drugs or alcohol.

Majority of Americans Support Legalizing Marijuana

According to data gathered by Pew Research Center, the majority of Americans say marijuana should be legal. Among those surveyed, 62 percent said they support legalizing marijuana use. This increase is double the amount who supported legalizing marijuana in 2000, when just 31 percent of people said they believed marijuana should be legal.

Currently, marijuana is legal for recreational use in nine states and the District of Columbia. Marijuana for medical purposes is legal in 31 states, the District of Columbia, and the territories of Guam and Puerto Rico. Additionally, several more states are considering legislation that would make medical marijuana legal.

Medical marijuana has been legal in Pennsylvania since 2016, however, marijuana for recreational use remains illegal. In September 2018, lawmakers in Pennsylvania introduced legislation that would make recreational marijuana legal. Even if the bill becomes law, however, the law will continue to prohibit driving under the influence of marijuana.

Proponents of legalizing marijuana in the state say it will generate valuable tax dollars. Additionally, supporters of a recreational use law say that decriminalizing marijuana will reduce the number of arrests and costs associated with marijuana-related offenses.

Proponents also point out that African-Americans in Pennsylvania are eight times more likely to be arrested for marijuana-related offenses, even though marijuana use rates are similar across all races in the state. According to one local report, the recreational marijuana bill has gained support among state lawmakers.  

If you or a loved one has been involved in a car wreck caused by a driver under the influence of marijuana, it’s important to speak with an experienced car accident attorney. Call Dallas Car Wreck Lawyer Zachary Herbert today at 214-414-3808 to discuss your legal options.

 

Dallas Car Wreck Lawyer Zachary Herbert

T: (214) 414-3808

Follow Herbert Law Group on Facebook

Sources:

  1. https://www.cnn.com/2018/10/18/health/marijuana-driving-accidents-bn/index.html
  2. http://www.pewresearch.org/fact-tank/2018/10/08/americans-support-marijuana-legalization/
  3. https://www.drugabuse.gov/publications/research-reports/marijuana/does-marijuana-use-affect-driving
  4. https://www.phillyvoice.com/marijuana-legalization-pennsylvania-bill-recreational-wheatley-petition/