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As the sharing economy continues to expand, employment and personal injury law sometimes have a hard time keeping up. Uber has been in and out of court over the last several months, dealing with labor organization issues, as well as compensation and employee benefits. Despite these controversies, given the financial success of these former startups, it is only a matter of time before additional companies try to get a piece of the pie.
If a snowbird is injured at an Airbnb rental in Alamo Heights, who is legally responsible for the plaintiff’s injuries? For liability to attach to an employer, the tortfeasor (negligent actor) must be an employee. Victims in car crash cases are generally entitled to compensation for both their economic damages, such as property loss, and noneconomic damages, such as pain and suffering. The sooner you call, the sooner we can build your case, secure evidence and get maximum compensation for your injuries.

Lyft recently settled a major lawsuit over whether its drivers should be considered employees or independent contractors, for tax and labor law purposes. Likewise, if an Uber or Lyft driver causes a car wreck on Interstate 10 that injures a passenger, is the company liable for damages? Just like the captain is ultimately responsible for the crew’s conduct, an employer is legally responsible for the negligent acts of its employees. There is a difference between employment for negligence purposes, and employment for tax law and other purposes.
For a free consultation with an experienced personal injury attorney in New Braunfels, contact our office. To determine employment, courts generally look to the amount of control that the employer exerts over the worker. If the employer gains any benefit from the employee’s action, this element of respondeat superior is satisfied.

An attorney can arrange for victims to receive ongoing medical care, even if they have no money and no insurance. 1099s and other agreements are admissible to show intent, but employer control is the key factor.
Even actions like driving a company car that has a logo on it have been held to be within the course and scope of employment.

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