When to Call a Rideshare Accident Lawyer in Houston, TX: A Complete Guide

A Houston Uber accident lawyer explains legal options for rideshare injury victims

As the second-fastest growing city in the country, Houston leads the way in many other situations. And that includes having one of the highest concentrations of rideshare drivers in the country. Part of that has to do with the high pay many Houston rideshare drivers earn compared to other cities. One recent study by Zip Recruiter found that the average annual salary for a Houston Uber driver is $111,419 per year. That might explain why another recent study by The Zebra ranked Houston the third best city in the country for rideshare drivers to work.

Unfortunately, the city also ranks near the top of another list. It’s the Texas city with the most car accidents overall. In fact, Houston recently had twice as many car accidents as Dallas even though Houston has half the number of residents, according to recent accident data compiled by the Texas Department of Transportation (TDOT). In 2023, for example, there were 67,644 car accidents in Houston. That same year, there were 31,678 car crashes in Dallas.

Not surprisingly, rideshare accidents involving Uber or Lyft drivers are common. So what should injury victims do in such situations? What legal options are available to them? And what about injured Uber drivers or Lyft drivers? Who pays for their accident expenses in Texas? The answers to these questions are a lot more complicated than many people might suspect.

That’s why our Houston rideshare accident lawyers at Smith & Hassler want to help. Below, you can find more information about the legal rights of injury victims in rideshare accidents in Texas.

What are the most common types of rideshare accidents?

Rideshare accidents in Houston and across Texas involve several common scenarios, including:

Rear-end collisions: These occur when a rideshare driver stops suddenly, or another driver fails to stop in time. Heavy traffic on highways such as I-45 and the 610 Loop increases the risk.
Intersection accidents: Navigating busy intersections can lead to accidents when drivers run red lights or misjudge the right of way.
Side-impact (T-bone) collisions: These crashes often happen when a rideshare driver or another motorist fails to yield, crashing into the side of a rideshare vehicle or vice versa.
Accidents involving pedestrians or cyclists: In dense urban areas like downtown Houston, rideshare drivers picking up or dropping off passengers may collide with pedestrians or bicyclists.
Multi-vehicle pileups: Houston’s highways are prone to chain-reaction crashes, which can complicate accident claims, especially if a Lyft or Uber driver is involved in a multi-car crash.

These accidents can lead to severe injuries, especially given the frequency of rideshare vehicles operating in high-traffic areas.

What are the most common injuries in Houston rideshare accidents?

Like other vehicle collisions, rideshare accidents can result in severe injuries. In Houston, where major roads like I-45, I-10, and Loop 610 are hotspots for accidents, the high speed and density of traffic can often result in severe injuries, including:

Whiplash: Sudden movement during an impact can strain neck muscles and soft tissues.
Traumatic brain injuries (TBI): Head injuries often result from passengers hitting windows or seats during a collision.
Broken bones and fractures: High-speed crashes frequently cause fractures to arms, legs, ribs, or collarbones.
Spinal cord injuries: Herniated discs or spinal cord trauma may occur, leading to long-term mobility issues.
Internal bleeding and organ damage: These injuries may not present immediate symptoms, making it critical to seek medical care after any accident.

Houston-area emergency rooms and trauma centers, such as the Texas Medical Center, often treat accident victims with these types of injuries. It is crucial to document all injuries thoroughly through medical evaluations, as insurance companies will scrutinize medical records when evaluating claims.

What makes rideshare accidents different from other car accidents?

Rideshare accidents are more complex than standard car accidents because of how liability and insurance policies work. Rideshare companies like Uber and Lyft classify their drivers as independent contractors rather than employees, which limits the companies’ direct liability for accidents. However, these companies carry commercial insurance policies that apply in certain circumstances, depending on whether the driver was actively transporting a passenger, on the way to a pickup, or logged off the app when the crash occurred. Texas state laws and local regulations also come into play, making it essential for victims to understand how to approach these cases.

Insurance coverage depends on the driver’s status at the time of the accident. If the driver was not using the rideshare app, the driver’s personal auto insurance policy must cover the damages. When the driver is logged in but not transporting passengers, the rideshare company typically provides limited liability coverage. If the accident happens while the driver has a passenger or is on the way to a pickup, the rideshare company’s $1 million insurance policy applies. Navigating these distinctions can be tricky, which is why consulting a lawyer early in the process can help protect your rights.

Who’s responsible for paying for accident expenses for an injured rideshare passenger in Texas?

In Texas, if an accident occurs while a passenger is in a rideshare vehicle, the rideshare company’s $1 million commercial insurance policy typically covers medical expenses and other losses. The responsible party’s insurance – whether the rideshare driver or another motorist – may also provide coverage. Passengers can file claims with the at-fault driver’s insurance, the rideshare company’s policy, or their own uninsured/underinsured motorist coverage, if applicable.

Navigating these multiple policies can be overwhelming, and insurance companies may try to minimize payouts. Consulting a personal injury lawyer ensures that injured passengers explore all avenues for compensation.

Who’s responsible for paying for accident expenses for an injured rideshare driver in Texas?

Responsibility for expenses after a rideshare accident depends on the driver’s status at the time of the crash. If the driver was not logged into the app, their personal insurance policy must cover the damages. If the driver was logged in but waiting for a ride request, companies like Uber or Lyft offer contingent liability coverage – up to $50,000 per person for bodily injury and $25,000 for property damage. Once a driver accepts a ride or is actively transporting a passenger, the company’s $1 million commercial insurance policy kicks in to cover injuries and damages.

If the driver faces issues with claim denials, hiring an attorney can help secure compensation from the rideshare company or through legal action.

Does it matter who caused a rideshare accident when it comes to getting compensation for the accident?

Yes, determining fault plays a critical role in obtaining financial compensation after a rideshare accident in Texas. Texas follows a modified comparative fault system under Texas Civil Practice and Remedies Code § 33.001. This means that compensation is based on the degree of fault assigned to each party. Victims can recover damages if they are found to be 50 percent or less at fault for the accident. However, their compensation will be reduced by their percentage of fault. For example, if a rideshare passenger or driver is found to be 20 percent at fault, any financial settlement or award will be reduced by 20 percent.

And to make matters even more complicated, multiple parties may share responsibility for causing the rideshare accident. Potentially liable (legally at fault) parties can include:

The rideshare driver: If the driver was speeding, distracted, or negligent, they may share fault.
Other motorists: If a third-party driver caused or contributed to the crash, their insurance may be responsible for damages, the legal term for financial compensation.
Rideshare companies: While companies like Uber and Lyft generally avoid liability by classifying drivers as independent contractors, they may still provide insurance coverage depending on the circumstances.

Even if a rideshare driver is partially at fault, injured passengers or other motorists can still receive compensation. In such cases, victims may file claims with the at-fault driver’s insurance, the rideshare company’s policy, or both. Rideshare companies provide $1 million in liability coverage if the accident occurs while the driver is transporting passengers or on the way to a pickup. If the driver was logged off or waiting for a ride request, the driver’s personal insurance may apply instead.

Because fault allocation directly impacts the amount of compensation, it’s essential to gather strong evidence and work with a knowledgeable attorney. An attorney can negotiate with multiple insurers and advocate for the lowest possible fault percentage assigned to the injured party, maximizing the compensation they receive.

Who determines who was at fault in a rideshare accident in Texas?

Fault in a rideshare accident in Texas is determined through investigations by several parties, including law enforcement officers, insurance adjusters, and legal representatives. Each party gathers evidence to assess which driver or entity is primarily responsible for causing the crash. Texas law applies comparative fault rules, meaning multiple parties may share responsibility, and compensation depends on the degree of fault assigned to each.

Police officers: When an accident occurs, police officers who respond to the scene investigate and create an official accident report. This report typically contains statements from involved drivers and witnesses, observations about the scene, and any citations issued. While police reports are not definitive in determining fault, they carry significant weight with insurance companies and courts.
Insurance companies: Both the rideshare company’s insurer and the other driver’s insurer will conduct independent investigations to determine fault. Adjusters review the accident report, collect witness statements, inspect vehicle damage, and may consult accident reconstruction experts. Each insurer will try to assign fault in a way that minimizes their liability.
Attorneys and courts: If fault is disputed, or if settlement negotiations fail, the case may go to court. At that point, judges or juries will analyze the evidence to determine fault and assign a percentage of responsibility to each party, following Texas’s modified comparative fault rules under Texas Civil Practice and Remedies Code § 33.001.

Because insurance companies may assign fault in a way that reduces payouts, having an experienced Houston rideshare accident attorney is critical in such cases. A lawyer can challenge unfair fault assessments, gather additional evidence, and negotiate for a fair settlement that reflects the true circumstances of the accident.

What are my legal options if I’m assaulted by an Uber or Lyft driver in Texas?

If you are assaulted by a rideshare driver in Texas, you may have multiple legal options. Victims can file a personal injury lawsuit against the driver seeking financial compensation (damages) for medical expenses, replacement income if an injury victim cannot work while they recover and money for indirect, non-economic expenses like pain and suffering or emotional distress. In certain cases, the rideshare company may be held partially liable if it failed to conduct proper background checks or ignored prior complaints against the driver.

Victims should report the assault to the police and request a copy of the report, as it will serve as crucial evidence in any legal claim. Consulting a lawyer helps identify whether claims should be filed against the driver, the rideshare company, or both.

How does insurance work for an Uber or Lyft accident in Texas?

Insurance coverage in rideshare accidents depends on the driver’s status. If the driver is logged out of the app, personal insurance applies. When the driver is logged in but not carrying a passenger, contingent coverage provided by the rideshare company becomes available – up to $50,000 per person and $100,000 per accident for bodily injury.

If the driver is actively transporting a passenger or on the way to pick someone up, $1 million in commercial liability coverage kicks in. Both Uber and Lyft provide this coverage to protect passengers and other drivers. However, disputes over claims are common, making it crucial to have an attorney who can guide you through the process.

Can an injured rideshare driver sue Uber or Lyft in Texas?

While Uber and Lyft classify drivers as independent contractors, limiting direct liability, there are circumstances where an injured driver can take legal action against Uber, Lyft or another rideshare company.

If the rideshare company’s negligence – such as inadequate background checks or failure to address safety issues with the same driver – contributed to the accident, the driver of another vehicle may have grounds to sue. Additionally, drivers can seek compensation from third-party drivers responsible for the crash.

Can an injured rideshare passenger sue Uber or Lyft in Texas?

Rideshare passengers injured in an accident may be able to successfully take legal action against Uber or Lyft if the company’s negligence contributed to their injuries. Such situations may include incidents where the company failed to conduct a background check on the driver before allowing the driver to work for Uber or Lyft. Another possible scenario – Uber or Lyft received numerous safety complaints about the same driver but failed to take any action to remove the driver from the road.

If the rideshare company denies liability (legal responsibility) or the available insurance coverage does not fully cover the damages, a rideshare accident injury attorney can advise whether a lawsuit is the best way for injury victims to get the money they deserve for medical expenses, lost wages and other accident-related expenses.

How much is my rideshare accident worth?

The value of a rideshare accident claim depends on several factors, including the severity of injuries, medical expenses, lost income, and the emotional impact of the accident. Economic damages, such as medical bills and lost wages, are easier to calculate, while non-economic damages, like pain and suffering, vary based on individual circumstances.

In Texas, victims may also be entitled to punitive damages if the accident involved gross negligence, such as intoxicated driving. Consulting an attorney helps accurately assess the potential value of the claim, ensuring that all damages are included in negotiations with the insurance companies.

So what does this all mean? Basically, your rideshare accident settlement or lawsuit could be worth thousands or perhaps even millions of dollars. The difference often depends on many different factors, including your Houston attorney’s ability to successfully fight for your rights.

Should I accept a settlement offer or file a lawsuit after a rideshare accident?

Accepting a settlement offer provides a quicker resolution but may not always reflect the full value of the claim. Insurance companies often offer low settlements to minimize payouts, especially in complex rideshare accident cases. If the offer does not cover medical expenses, lost wages, and other damages, filing a lawsuit may be a better option.

An attorney can review the settlement offer and advise whether it is fair. If it isn’t, they can negotiate for a higher amount or prepare the case for trial. Texas allows victims two years from the date of the accident to file a lawsuit under the statute of limitations, so acting promptly is essential to protect your legal rights.

Who is liable after a rideshare accident in Texas?

Determining liability (legal term for who’s legally responsible) in rideshare accidents can be challenging because multiple parties might share responsibility. Potentially liable parties can include:

The rideshare driver: If the accident was caused by negligent driving, such as speeding or distracted driving, the driver can be held responsible.
Uber or Lyft: Although these companies often avoid direct liability, their insurance policies cover damages in specific situations, such as accidents that occur while the driver is on the way to a passenger or actively transporting one.
Third-party drivers: In accidents involving multiple vehicles, other drivers may share liability if their actions contributed to the crash.
Vehicle manufacturers: In some cases, defective vehicle components, such as brakes or airbags, may contribute to an accident, making the manufacturer partially liable.

Texas follows a comparative negligence rule under Texas Civil Practice and Remedies Code § 33.001, meaning that if you are partially at fault for the accident, your compensation may be reduced by your percentage of fault. This makes it essential to work with an attorney who can build a strong case to minimize any assigned fault.

How do I file an insurance claim after a rideshare accident in Houston?

Filing an insurance claim after a rideshare accident requires navigating multiple policies. You may need to file a claim with:

The rideshare company’s insurance: If the accident happened while the driver was actively working, the company’s insurance should apply.
The driver’s personal insurance: If the driver was off duty, their personal policy would be responsible for covering damages.
Your own insurance company: In cases involving uninsured or underinsured drivers, your own policy’s uninsured motorist coverage may apply.

The process typically begins by gathering evidence, such as accident reports, medical records, photos of the scene, and witness statements. An experienced attorney can help file claims with the appropriate insurers, negotiate settlements, and ensure you receive fair compensation for your injuries.

When should you call a rideshare accident lawyer?

Right away! You should contact a Houston rideshare accident attorney as soon as possible after your accident, especially if:

You have sustained significant injuries or need long-term medical care.
An insurance company makes a lowball settlement offer or denies your accident claim.
Liability is disputed, meaning no one can agree on who caused the collision.
Multiple parties are involved in the rideshare accident.
You experience financial hardship due to medical bills or lost wages.

An experienced attorney can handle communications with the insurance companies and investigate the accident to identify all responsible parties. Legal representation is crucial when claims involve commercial insurance policies, as these companies often attempt to minimize payouts.

What compensation can you receive after a rideshare accident in Houston?

Victims of rideshare accidents in Houston and throughout Texas may be entitled to several types of compensation, including money for:

Medical expenses: This covers hospital bills, surgeries, physical therapy, medications, follow-up doctor’s appointments and on-going medical care.
Lost wages: If your injury prevents you from working, you can recover compensation for lost income.
Property damage: Compensation for damage to your vehicle or personal belongings sustained in the accident.
Pain and suffering: This includes financial compensation for emotional distress, anxiety, and diminished quality of life.
Punitive damages: In cases involving gross negligence, such as drunk driving, you may be entitled to punitive damages to punish the responsible party.

The value of your claim depends on the severity of your injuries, the impact on your life, and the strength of your legal representation.

How long do you have to file a rideshare accident claim in Texas?

In Texas, the statute of limitations for personal injury claims, including rideshare accidents, is two years from the date of the accident, under Texas Civil Practice and Remedies Code § 16.003. Failure to file a lawsuit within this timeframe could result in losing your right to pursue financial compensation for your rideshare accident. However, certain circumstances, such as delays in discovering an injury, may extend the filing deadline in some situations.

What should you avoid doing after a rideshare accident?

After a rideshare accident, it is essential to avoid these common mistakes:

Giving a recorded statement to the insurance company without legal advice. Insurance adjusters may use your statements against you to minimize compensation.
Accepting an early settlement offer. Early offers are often lower than what you are entitled to receive.
Delaying medical treatment. Insurance companies may argue that your injuries were not serious if you delay seeking medical care.

An attorney can guide you through the claims process to help avoid these pitfalls and maximize your compensation.

How can a Houston rideshare accident lawyer help you?

An experienced Houston rideshare accident attorney can assist you in many different ways. They can:

Investigate the accident: Your attorney can gather evidence, including police reports, witness statements, and black box data, to build a strong legal case in support of your accident claim or lawsuit.
Negotiate with insurance companies: Lawyers know how to handle insurance companies and push for fair settlements.
File lawsuits if necessary: If a fair settlement cannot be reached, your attorney can file a personal injury lawsuit on your behalf.
Provide legal guidance throughout the process: From filing claims to representing you in court, a lawyer ensures that your rights are protected at every step.

If you or a loved one has been injured in a rideshare accident in Houston, you do not have to navigate the legal process alone. Contact an experienced Houston rideshare accident lawyer at Smith & Hassler to discuss your case.

Experience matters when it comes to hiring a lawyer to handle your rideshare accident. Our case results speak for themselves, including $185,000 for a client who was injured in a rideshare accident.

Get the Houston law firm that gets results. Contact our law firm and schedule a free case evaluation. One of our attorneys can answer your questions, explain your options and help you demand the compensation you deserve to get your life back on track.

Click here for a printable PDF of this article, “When to Call a Rideshare Accident Lawyer in Houston, TX: A Complete Guide.”