Oktoberfest in El Paso brings an influx of visitors and an increase in rideshare use. With alcohol being a major part of the event, many people turn to rideshare services such as Uber and Lyft to ensure they get home safely. However, accidents can still happen, and when they do, questions arise about who is liable for the damages. Is it the driver, the rideshare company, or the other motorist involved in the crash? Understanding the answers to these questions can be complex, as liability depends on several factors. Let’s explore the different scenarios that may play out when a rideshare accident occurs after an Oktoberfest event in El Paso.
Rideshare Insurance Explained 
The first question to consider when analyzing a rideshare accident is what insurance applies. Rideshare drivers are required to have personal auto insurance, but rideshare companies also provide insurance coverage when the driver is on duty. However, the extent of coverage depends on whether the driver is actively transporting a passenger, en route to a pickup, or offline altogether.
Rideshare insurance policies are not the same as personal car insurance policies. If the driver is not on duty (i.e., they are offline and not accepting rides), their personal insurance will cover any damages in the event of an accident. However, if the driver is on duty, whether they are picking up or transporting a passenger, the rideshare company’s insurance may apply.
The confusion arises when a rideshare driver is involved in an accident while the app is turned on, but they are not actively transporting a passenger. In such a case, the insurance coverage may be partial, with both the driver’s personal insurance and the rideshare company’s insurance potentially coming into play.
Who Is Liable for the Rideshare Accident
When a rideshare driver is involved in a crash, the question of liability often depends on who is at fault for the accident. There are three main parties that could be held responsible for the damages: the rideshare driver, the rideshare company, or the other motorist. Let’s break down these scenarios in detail:
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Texas Trial Attorney
Protecting Your Rights
The Rideshare Driver
If the rideshare driver is found to be at fault for the accident, they could be held responsible for damages. For instance, if the driver was speeding, distracted, or driving under the influence of alcohol or drugs, they may be considered negligent and liable for the crash. Rideshare drivers are typically independent contractors, which means the rideshare company may not be responsible for the driver’s actions unless there is a direct connection between the crash and the company’s policies.
However, rideshare companies like Uber and Lyft carry liability insurance that may cover the damages in these cases. The company may also have policies in place to ensure that drivers are properly vetted and trained, which could play a role in determining if they are partially responsible for the crash.
The Rideshare Company
There are times when the rideshare company may be held liable for an accident. For example, if the crash occurred because of a malfunctioning app or if the company failed to conduct a proper background check on the driver, the company could be held responsible. In some states, rideshare companies are required to provide additional coverage to protect passengers and other motorists in the event of an accident caused by a driver on their platform.
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While the rideshare driver is generally responsible for their actions, the company could also be held accountable if their negligence contributed to the crash. This may be the case if the driver was using the app while distracted or if the company failed to address known safety concerns related to their platform.
The Other Motorist
In many cases, the other motorist involved in the accident may be at fault. If the other driver ran a red light, was distracted, or caused the crash in any other way, they could be held liable for the damages. If the other driver’s actions were the primary cause of the accident, they could be responsible for paying for any injuries or property damage that occurred as a result of the crash.
In some cases, the rideshare driver may not be at fault at all, and the other motorist’s insurance may be the primary source of coverage. However, determining fault can sometimes be complicated, especially if both parties were partially responsible for the accident.
What to Do After a Rideshare Accident
If you find yourself involved in a rideshare accident after an Oktoberfest event, there are several important steps you should take to protect yourself and ensure that the right parties are held accountable:
Seek medical attention
If anyone is injured, it’s essential to get medical help right away. Even if you don’t feel hurt immediately, some injuries, such as whiplash, may not show symptoms right away.
Call the police
Report the accident to law enforcement, even if it seems like a minor crash. A police report can be crucial for determining fault and handling insurance claims later.
Collect information
Gather the names, contact information, and insurance details of all parties involved, including the rideshare driver, the other motorist, and any witnesses. Take photos of the scene and any damage to the vehicles.
Notify the rideshare company
Contact the rideshare company to report the accident. The company may have specific procedures in place to handle accidents involving their drivers.
Consult with an attorney
Rideshare accidents can be complicated, and determining liability is not always straightforward. A personal injury attorney can help you navigate the legal process, deal with insurance companies, and ensure that you are fairly compensated for your injuries and damages.
Why You Should Seek Legal Help
Rideshare accidents can involve multiple parties and complex insurance policies. If you are involved in a rideshare crash after an event like Oktoberfest in El Paso, it’s important to consult with an experienced personal injury attorney to help you navigate the claims process. An attorney can help you gather evidence, negotiate with insurance companies, and determine who is liable for your injuries and damages.
Chavez Law Firm is dedicated to protecting the rights of people involved in rideshare accidents, and we have extensive experience helping victims receive the compensation they deserve. Whether the rideshare driver, the rideshare company, or the other motorist is at fault, we will work tirelessly to ensure that you are properly compensated for your medical expenses, lost
Accidents can happen, even when you take precautions like using a rideshare service to get home safely. When a crash occurs after an event like Oktoberfest in El Paso, determining who is at fault can be complex. It may be the driver, the rideshare company, or the other motorist involved in the accident. Understanding who is liable for the damages is key to ensuring that the right party is held accountable.
If you have been involved in a rideshare crash, it’s crucial to seek legal advice from an experienced attorney. Chavez Law Firm is here to help. We can provide you with a free consultation to discuss your case and guide you through the process of recovering compensation for your injuries. Contact us today to learn more about how we can help you.