By: Pastrana & Garcia Injury Law, Published: August 29 2023

Rideshare Accidents in Texas: Understanding Liability and Legal Rights

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    With the growing popularity of rideshares comes the increased risk of accidents involving them. It also gives rise to one essential question — is the driver or the rideshare company going to pay for damages or medical bills?

    So who is responsible for the injury, death, or property damage involved in an accident? The following information sheds light on this evolving subject and helps victims of rideshare accidents gain some clarity on their situation.

    Who Is Liable in a Rideshare Accident in Texas?

    The responsible party in a rideshare accident is the person who caused the accident. If the rideshare driver is the one who is at fault, then they and their insurance company are mostly responsible for paying for the accident. This is because rideshare companies consider their drivers independent contractors; therefore, the driver’s personal insurance applies to many claims.

    All rideshare drivers are required to have insurance to cover liability damage. It’s only after a certain point that the insurance from the rideshare company kicks in. However, there are several situations where rideshares will cover certain damages. Rideshares like Lyft and Uber only cover an accident if it meets the minimum qualifications, which include:

    • The rideshare driver is on route to pick up a passenger — only liability insurance is available in this situation — or
    • The rideshare driver has a rideshare passenger in their car — liability insurance up to 1 million, and possible comprehensive and collision coverage are available, but only if the driver already has collision through their insurance

    In both cases, the rideshare app must be on and active for the rideshare insurance to activate. With all these contingencies, it can be difficult to get the rideshare app insurance to kick in.

    There may be other complicating issues during a rideshare accident as well. If the rideshare driver was uninsured, that presents a large problem. Another situation that can cause difficulties is if the rideshare driver is underinsured or did not let their insurance company know that they were using their vehicle for rideshare purposes; in this case, the insurance company may deny the rideshare driver’s claim. If you’re a rideshare driver, always let your insurance company know if you’re using your car for rideshare purposes; it protects you, the people you drive, and other drivers on the road.

    How Can Pastrana & García Injury Law Help?

    Our car accident attorneys can help you with the complex situations that rideshare crashes present. If you’re already concerned about who will pay for medical expenses, the last thing you might want to do is hire a lawyer. However, if you’re worried about costs, let us put your mind at ease. Many lawyers work on contingency fees, meaning that they don’t get paid until we win your case. And at Pastrana & García Injury Law, your consultation with us is free.

    What Should I Do If I am Injured in a Rideshare Accident in Texas?

    While many of your actions will remain the same as during a regular accident, there are a few extra steps that you’ll want to take if you get into an accident with a rideshare driver.

    • Make sure that all people involved are safe and call 911 for police assistance and medical attention.
    • Get the name and insurance information of the driver, as well as the rideshare company they work for.
    • Gather witness statements and evidence of the accident.
    • Get the crash report from the police officer who investigated the accident.
    • Report the accident to the appropriate rideshare company; the rideshare driver is supposed to do this, but it’s always good to get your own statement on record.
    • Seek medical attention so that you have your injuries recorded.
    • Contact the car accident attorneys at Pastrana & García Injury Law so that we can help you with the legal paperwork and any difficulties in the personal injury claims process.

    What Damages Can I Recover After a Rideshare Accident in Texas?

    Whether you’re a passenger of the rideshare driver or an operator of another vehicle, if you’re injured in a rideshare accident, you can seek damages for:

    • Medication that you need related to the accident
    • Any surgeries or medical treatments that were needed due to your injuries
    • Other medical bills
    • Emotional damages
    • Lost wages immediately after the accident and future lost wages, should the accident prevent you from returning to work full-time

    There may be other damages available to you, depending on the extent of the accident.

    Contact the Rideshare Accident Attorneys at Pastrana & García Injury Law

    Don’t let a car accident upend your financial situation. Contact the rideshare accident lawyers of Pflugerville, and let us handle the complexities of your case. If you’ve experienced an accident with a rideshare driver, connect with us today.