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For millions of people across Houston, using a rideshare service is a daily convenience. Whether you are catching an Uber near the Galleria or using Lyft downtown, you trust the driver to transport you safely. When that trust is broken by a collision, the physical and financial consequences can feel overwhelming.
Suppose you suffered serious injuries in a crash on the Katy Freeway or a busy city street. In that case, you likely have one primary question: How do we file a personal injury claim after a rideshare accident, and what complicated rules in Texas apply?
Unlike a standard car crash, an accident involving a transportation network company (TNC) driver, such as Uber or Lyft, invokes complex insurance policies. Determining who holds liability and which insurance layer applies is the first and most challenging step in seeking compensation. Our dedicated rideshare accident attorneys help injured Houston residents understand their legal options.
The Unique Challenge of Rideshare Liability in Texas
Rideshare services operate under a distinct set of rules established by the Texas Legislature. These rules create a dynamic insurance structure that changes in response to the driver’s activity at the moment the crash occurs. You must pinpoint the driver’s “app status” to identify which policy, and which level of coverage, is responsible for your damages.
Texas law generally recognizes three main periods of coverage under Texas Insurance Code Chapter 1954:
Phase 1: Driver App Off
When the rideshare driver is not logged into the app, their activity is treated like any other driver on the road. The driver’s personal auto insurance policy is the primary source of liability coverage. This coverage must meet the state’s minimum liability limits. If the driver is at fault, we seek compensation directly from their personal insurer.
Phase 2: App On, Waiting for a Trip
While a driver is logged into the rideshare platform and waiting for ride requests, the TNC’s contingent liability policy may apply. It is designed to bridge the coverage gap left by personal auto policies, which often exclude accidents that occur during commercial use.
During this period, the TNC typically provides an intermediate level of coverage, generally including $50,000 per person for bodily injury, $100,000 per accident for bodily injury, and $25,000 for property damage. If a collision happens while the driver is cruising Houston streets looking for a fare, we target this specific policy.
Phase 3: Accepted Trip Request or Passenger Onboard
This phase provides the highest level of coverage. Once the driver accepts a ride request or is actively transporting a passenger, the TNC’s robust insurance policy provides at least $1 million in total aggregate liability coverage for death, bodily injury, and property damage.
If you are a passenger in the rideshare vehicle, this high-limit policy is usually the key to ensuring you recover maximum compensation for severe injuries. If a third-party driver caused the crash, their insurance is primary, but the TNC’s Uninsured/Underinsured Motorist (UM/UIM) policy may also be available to protect you. Our accident attorneys investigate all potential sources of recovery.
Key Steps to Take Immediately After a Houston Rideshare Crash
The moments following an accident are critical for your health and the strength of your future claim. Here are the essential actions you must take:
- Prioritize Your Health: Seek immediate medical attention. Your health is always the most crucial consideration. A prompt medical exam creates official records that document the cause and extent of your injuries
- Contact Law Enforcement: Call the police to report the accident. A detailed police report often includes valuable information, such as the identities of all involved drivers and, crucially, the app status of the rideshare driver at the time of the collision
- Gather Information: Secure the driver’s name, license plate number, and insurance information. Take screenshots of the rideshare app showing the driver’s name and the trip details, as this verifies the insurance phase
- Document the Scene: Use your phone to take pictures of the vehicles, the license plates, the intersection or road markers, and your visible injuries. Pictures preserve evidence that may disappear hours later
- Avoid Admitting Fault: Never apologize or accept blame at the scene, even if you feel slightly responsible. An insurance company can use anything you say to reduce or deny your eventual claim
Texas Law Sets a Hard Deadline: The Statute of Limitations
Texas law provides a limited window for filing personal injury claims. In most cases, including those involving rideshare accidents, you have two years from the date of injury to initiate a lawsuit. Failing to file within this statutory period can bar your claim entirely.
This two-year window might seem long, but it passes quickly when you are focused on medical recovery. Should you fail to file your claim in time, the court will typically decline to hear your case, regardless of the seriousness of your injuries or the strength of your evidence. We strongly recommend contacting our office promptly so we can begin investigating immediately and preserve vital evidence before the deadline.
Understanding Shared Fault Under Texas Proportionate Responsibility
In many rideshare accidents, insurance companies will immediately try to argue that you contributed to the cause of the collision, even if you were only a passenger. They do this to lower the amount they have to pay.
Texas uses a system called modified comparative negligence or “proportionate responsibility.” This rule states that if you are partially at fault for an accident, your final compensation award will be reduced by your percentage of fault. For example, if a jury awards you $100,000 but finds you 20% responsible, you only collect $80,000.
The most crucial detail of this law is the “50% bar.” Under Texas Civil Practice and Remedies Code § 33.001, a claimant cannot recover any damages if their percentage of responsibility is found to be greater than 50 percent ([https://statutes.capitol.texas.gov/docs/cp/htm/cp.33.htm]).
Defense lawyers and insurance adjusters often use this rule as a negotiation tactic, attempting to push your assigned fault above that 50% line to eliminate your claim entirely. Having legal advocates who can defend your actions and maximize the other party’s liability is essential in a Houston courtroom.
How Moises Morales Law Can Help You Pursue Justice
After a traumatic rideshare crash, your priority should be healing, not fighting with insurance companies about complex liability rules and policy limits under Chapter 1954 of the Texas Insurance Code.
Our rideshare accident attorneys know the major roads and local court systems in the Houston area, from Harris County Civil Court to the Federal Southern District of Texas. Our team at Moises Morales Law is dedicated to advocating for people who have been wronged. We handle the intense legal and logistical burdens of your case so you can focus entirely on your recovery.
Our dedicated team of professionals delivers a client-centered approach, grounded in personalized legal strategies and tenacious advocacy. We take the time to understand your specific situation and craft a legal plan designed to hold negligent drivers and powerful rideshare companies accountable.
If you or a loved one was injured in a rideshare accident, do not hesitate to seek guidance. We offer free, confidential consultations to review your case and explain your legal options. Since we work on a contingency fee basis, you pay absolutely no upfront legal fees. We only get paid when we successfully recover compensation for you.
Reach out to our Houston office today to start building your case. Call us now at 346-590-6665.
