Alex R Hernandez Jr - September 2019

Uber Accidents

A Painful Crash and a Legal Headache

Normally, we rely on rideshare apps like Lyft or Uber to get us home safely. Maybe you had one too many at a friend’s birthday party or have a medical condition that temporarily keeps you from driving. Whatever the case, these services are a big help when you can’t get behind the wheel. But rideshare drivers are human (for now) and make human mistakes. So, what happens when your Uber driver gets in an accident?

WHO’S AT FAULT?

Here’s the honest answer: It’s complicated. The laws surrounding insurance liability and rideshare companies is continually shifting as lawmakers try to adjust to this new, sparsely regulated type of service. If your driver wasn’t the one at fault, then you should be facing an ordinary personal injury claim. But, if the driver did have a hand in the accident, you may be caught in a legal battle with a powerful Silicon Valley corporation.

In 2002, the quaint town of Reed Springs, Missouri, declared bankruptcy. The hard decision came after the town was forced to pay $100,000 to Sally Stewart, a woman who sued Reed Springs after she tripped over a pothole during a shopping trip. News of a greedy woman ruining a small village to make a quick buck sparked outrage across the country. But Stewart wasn’t the real villain of this story. A little digging into this case reveals a much deeper conspiracy. Stewart had been visiting Reed Springs in 1998 when she tripped on a pothole hidden beneath some overgrown grass on the sidewalk. But this was no small stumble. Stewart tore two ligaments in her ankle and had to undergo surgery. To help pay for the medical bills, Stewart, who’d never sued anyone before, initially filed a personal injury lawsuit against the owners of the store in front of the pothole. However, the Missouri Court of Appeals determined the city of Reed Springs was liable for Stewart’s injuries. The court ordered Reed Springs to pay Stewart $100,000, over half the city’s annual budget. Despite the high price tag, in normal circumstances, this verdict wouldn’t have forced Reed Springs to declare bankruptcy because the town’s insurance would have covered the bill. Unfortunately, at the time of Stewart’s accident, the mayor of Reed Springs was a corrupt man named Joe Dan Dwyer. Dwyer left office while being investigated for insurance fraud, child pornography, statutory rape, witness bribery, and perjury, and he was later sentenced to seven years in federal prison. Among his many indiscretions, Dwyer also let the town’s insurance policy lapse. Reed Springs didn’t have insurance when Sally Stewart got hurt, which is why they had to write a check out of their own budget and ultimately declare bankruptcy. In this case, what started as a simple pothole accident quickly unveiled the lasting damage of an unscrupulous politician. Perhaps this case serves as a reminder about why it’s important to vote in local elections. WHAT HAPPENED IN REED SPRINGS? How a Small Town Went Bankrupt Over a Pothole

CAN’T I JUST SUE THE DRIVER?

Even if you attempt to hold the driver, and not their company, accountable, you’ll likely face a very difficult battle. Many insurance policies have clauses exempting any damages caused by commercial use of the vehicle, meaning the driver’s personal injury coverage may be void. In these situations, you have little choice but to hold the rideshare company’s insurance accountable or else go without compensation for your injuries. More Than ‘Part of the Job’ When Refinery Catastrophes Strike As anyone with a refinery worker in the family knows, it takes a lot to keep the lights on. The oil and gas industry may pay top dollar for these workers, but, when compared to the dangerous work these men and women have to do every day, some argue it’s not enough. While working long hours next to hazardous substances, often in stressful situations, a lot can go wrong. Unlike most workplaces, carpal tunnel and back pain aren’t the primary injuries at oil and gas refineries. Instead, workers face sustained brain injuries, damaged spinal cords, second- and third-degree burns, and any of a multitude of wounds that could result when explosive fumes ignite. At the beginning of this year, a refinery contractor in Houston was caught in a blast and impaled by a pipe. Workers are lucky to survive these sorts of incidents, let alone be in a condition to return to work. COMMON INJURIES

WHAT YOU CAN DO

When your loved one is injured at a refinery, the world can feel like it’s turning upside down. How will you afford their medical bills? Are they ever going to be able to return to work? Will they ever recover? It’s easy to feel powerless in

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