Dallas Rideshare Accident Lawyer | Uber & Lyft Crashes

Rideshare accidents involving Uber, Lyft or other services are more complicated than regular car crashes because multiple insurance policies may be involved, and the companies work hard to avoid paying claims. If you’ve been injured as a passenger, pedestrian, or another driver in a rideshare accident in Dallas, you’re facing confusing insurance claims, medical bills, and a company that wants to deny responsibility.

You need a lawyer who understands how rideshare insurance works and knows how to hold these companies accountable. Varghese Summersett has successfully represented accident victims across Dallas County, and we know how to maximize your compensation in rideshare accident cases.

In this article, our Dallas rideshare accident lawyers explain how these cases work, which insurance policies apply, who can be held responsible, and the steps you need to take to protect your claim.

How Rideshare Insurance Works in Texas

Rideshare insurance is confusing because coverage changes depending on what the driver was doing at the time of the accident. Texas Insurance Code § 1954.052 requires rideshare companies to maintain specific insurance coverage, but the amount of coverage depends on the driver’s status in the app.

When the app is off and the driver is not working, only the driver’s personal auto insurance applies. Most personal policies exclude coverage for commercial activities, which means you may be limited to the driver’s minimum liability coverage.

When the app is on but the driver has not accepted a ride request, Uber and Lyft provide contingent liability coverage. This coverage typically includes $50,000 per person for bodily injury, $100,000 per accident for bodily injury, and $25,000 per accident for property damage. This coverage only applies if the driver’s personal insurance denies the claim.

When the driver has accepted a ride request or has a passenger in the vehicle, Uber and Lyft provide $1 million in liability coverage. This coverage also includes uninsured and underinsured motorist protection. This is when the most insurance coverage is available.

Understanding which insurance applies is the first step in maximizing your compensation. Insurance companies for both the driver and the rideshare company will try to shift responsibility to avoid paying your claim.

Who Can Be Held Liable in a Rideshare Accident?

Multiple parties may share responsibility for a rideshare accident in Dallas. The rideshare driver is liable if they were negligent. This includes speeding, distracted driving, running red lights, or violating traffic laws. Even though they work for Uber or Lyft, they can be held personally responsible for their actions.

Uber or Lyft may be liable depending on the driver’s status and the circumstances of the accident. While these companies claim their drivers are independent contractors, Texas law allows for liability in certain situations. If the driver was actively working on the app when the accident occurred, the company’s insurance policy applies.

Other drivers can be liable if they caused or contributed to the accident. In multi-vehicle accidents, you may have claims against multiple drivers and their insurance companies. Texas follows a modified comparative negligence rule under Texas Civil Practice and Remedies Code § 33.001, which means multiple parties can share fault.

Third parties may be liable in some cases. This includes vehicle manufacturers if a defective part caused the accident, government entities if poor road conditions contributed to the crash, or bars and restaurants if they overserved alcohol to the driver under Texas dram shop laws.

Common Causes of Rideshare Accidents in Dallas

Rideshare accidents happen for many of the same reasons as other car accidents, but some causes are more common in rideshare crashes. Distracted driving is a major factor. Rideshare drivers constantly look at their phones to receive ride requests, check GPS directions, and communicate with passengers. This takes their eyes off the road and increases the risk of a crash.

Driver fatigue is another common cause. Many rideshare drivers work long hours to make ends meet. Unlike commercial truck drivers who are subject to hours-of-service regulations, rideshare drivers face no limits on how long they can work. Tired drivers have slower reaction times and are more likely to cause accidents.

Speeding and aggressive driving occur when drivers rush to pick up passengers or complete rides quickly to accept more requests. This pressure to maximize earnings leads to unsafe driving on Dallas roads like I-35E, I-30, and the Dallas North Tollway.

Unfamiliarity with the area causes accidents when out-of-town drivers or those new to rideshare work don’t know Dallas roads. They might make sudden lane changes, miss exits, or brake unexpectedly when they realize they’re going the wrong way.

Improper vehicle maintenance happens when drivers fail to maintain their vehicles. Worn brakes, bald tires, or broken lights can cause or contribute to accidents. While rideshare companies require vehicle inspections, these inspections may not catch every problem.

Types of Compensation Available

Texas law allows rideshare accident victims to recover several types of compensation. Economic damages cover your financial losses. This includes all medical expenses (emergency room visits, hospital stays, surgery, medication, physical therapy, and future medical care), lost wages from time you missed work, loss of earning capacity if you can’t return to your previous job, property damage to your vehicle, and rehabilitation costs.

Non-economic damages compensate you for intangible losses. This includes pain and suffering from your injuries, emotional distress and mental anguish, loss of enjoyment of life, disfigurement or permanent scarring, and loss of consortium (the impact on your relationship with your spouse).

In rare cases, punitive damages may be available. Under Texas Civil Practice and Remedies Code § 41.003, punitive damages can be awarded when the defendant’s conduct was particularly egregious. This might apply if the driver was intoxicated or if the rideshare company knowingly allowed a dangerous driver to continue working.

The value of your case depends on the severity of your injuries, the amount of your medical bills, your lost income and future earning capacity, the degree of fault of each party, the available insurance coverage, and whether you will need future medical care.

Rideshare Accidents as a Passenger

If you were injured as a passenger in a rideshare vehicle, you face unique challenges. You were not at fault for the accident, but you still need to determine which insurance policy applies and who will pay your claim.

If the rideshare driver caused the accident, the rideshare company’s $1 million insurance policy should cover your injuries. However, Uber and Lyft will investigate the claim and may try to deny coverage by claiming the driver violated their terms of service or that the app was not active.

If another driver caused the accident, you can file a claim against that driver’s insurance company. You may also have a claim under the rideshare company’s uninsured or underinsured motorist coverage if the at-fault driver doesn’t have enough insurance to cover your damages.

As a passenger, you have strong claims because you bear no fault for the accident. This is one situation where rideshare companies are more likely to settle, but they will still try to minimize the value of your claim. Having a lawyer who knows how to deal with these companies is essential.

What to Do After a Rideshare Accident

The steps you take immediately after a rideshare accident can significantly impact your claim. First, seek medical attention even if you don’t feel seriously injured. Some injuries like whiplash, concussions, and internal injuries don’t show symptoms immediately. Getting medical care creates a record of your injuries and ensures you receive proper treatment.

Call the police and get a crash report. Dallas Police Department will respond and create an official record of the accident. This report documents what happened and who was at fault. Make sure the officer notes that a rideshare vehicle was involved.

Document everything about the accident. Take photos of all vehicles involved, visible injuries, road conditions, traffic signs, and any skid marks. Get contact information from witnesses. Screenshot your ride details in the Uber or Lyft app before the trip disappears from your history.

Report the accident to the rideshare company through the app. Both Uber and Lyft have processes for reporting accidents. This starts the insurance claim process and creates a record with the company. However, be careful what you say. Don’t admit fault or speculate about what happened.

Do not give a recorded statement to any insurance company without talking to a lawyer first. Insurance adjusters will use your words against you. They ask leading questions designed to get you to minimize your injuries or accept partial blame. Politely decline and say you want to consult with an attorney.

Contact a Dallas rideshare accident lawyer as soon as possible. Evidence can disappear quickly. The rideshare company’s insurance carrier will begin investigating immediately, and you need someone protecting your interests. Early legal involvement ensures your rights are protected and critical evidence is preserved.

The Claims Process and Timeline

Rideshare accident claims typically take longer than standard car accident claims because of the complex insurance issues involved. Here’s what to expect when you file a claim.

The investigation phase begins immediately after the accident. Your lawyer will gather police reports, medical records, witness statements, and evidence from the accident scene. We also obtain records from the rideshare company showing the driver’s status at the time of the accident, which determines which insurance policy applies.

We investigate the driver’s history including previous accidents, traffic violations, and passenger complaints. We also examine whether the driver was properly licensed and whether their vehicle met rideshare company standards. This information can be powerful leverage in settlement negotiations.

Once we have a complete picture of your injuries and damages, we send a demand letter to the appropriate insurance company. This letter outlines your claim, explains liability, and demands fair compensation. Most rideshare accident cases settle during this phase, though it may take multiple rounds of negotiation.

If the insurance company refuses to offer fair compensation, we file a lawsuit. The litigation process includes discovery (exchanging evidence), depositions (recorded testimony under oath), and potentially mediation (a settlement conference with a neutral third party). If the case still doesn’t settle, it goes to trial where a jury decides your compensation.

The timeline varies based on the complexity of your case. Simple cases with clear liability and moderate injuries might settle in 6 to 12 months. Complex cases involving severe injuries, disputed liability, or multiple defendants can take 18 to 36 months or longer. We work to resolve your case as quickly as possible while ensuring you receive maximum compensation.

If you’re struggling with medical bills while your case is pending, talk to us about your options. We can help you understand how to handle medical treatment on a lien basis and manage bills until your case resolves.

Why Rideshare Companies Fight Claims

Uber and Lyft have sophisticated legal and insurance teams dedicated to minimizing payouts. Understanding their tactics helps you protect your claim and maximize your compensation.

They will argue the driver was an independent contractor to avoid liability. Rideshare companies consistently claim they are not responsible for driver actions because drivers are independent contractors, not employees. While this may be true for employment law purposes, it doesn’t prevent their insurance policies from applying when drivers are actively working.

They will claim the app was not active at the time of the accident. Rideshare companies know that if they can prove the driver’s app was off, their insurance doesn’t apply and you’re limited to the driver’s personal insurance. They scrutinize app records and GPS data looking for any gap in coverage.

They will lowball your initial offer. Even when liability is clear, rideshare insurance adjusters start with offers far below what your claim is worth. They count on victims being desperate for money and accepting inadequate settlements. Once you accept, you cannot go back for more money later.

They will delay your claim hoping you’ll give up or accept less. Insurance companies use delay tactics like requesting the same documents multiple times, claiming they never received paperwork, or simply not returning phone calls. These tactics are designed to frustrate you into accepting a low offer.

They will blame you for the accident or claim you contributed to your injuries. Even if you were a passenger or clearly not at fault, insurance companies look for ways to reduce your compensation. They might claim you weren’t wearing a seatbelt, that you had pre-existing injuries, or that you didn’t need all the medical treatment you received.

Having a lawyer who knows these tactics and how to counter them is essential. We don’t back down from rideshare companies or their insurers. We present clear evidence of liability and damages, push back against lowball offers, and take cases to trial when necessary.

Common Injuries in Rideshare Accidents

Rideshare accidents can cause the same types of injuries as any car accident, but certain injuries are particularly common. Whiplash and neck injuries occur when your head snaps forward and backward in a collision. While insurance companies often try to minimize these injuries, they can cause chronic pain and require months of treatment.

Back and spinal injuries range from muscle strains to herniated discs to spinal cord damage. These injuries can cause severe pain, limit your mobility, and affect your ability to work. Some back injuries require surgery and never fully heal.

Head injuries and concussions happen when your head strikes an object or when the force of impact causes your brain to move inside your skull. Even mild concussions can cause memory problems, headaches, and difficulty concentrating that last for months.

Broken bones are common in rideshare accidents, especially injuries to arms, legs, ribs, and facial bones. While some fractures heal with minimal treatment, complex fractures may require surgery, metal hardware, and extensive rehabilitation.

Soft tissue injuries including muscle strains, ligament sprains, and tendon damage may not show up on X-rays but can cause significant pain and disability. Insurance companies often try to minimize these injuries, but they can dramatically impact your quality of life.

If you’ve been seriously injured in a rideshare accident, don’t try to handle the insurance claim yourself. The rideshare company’s insurance carrier has lawyers working to minimize your claim from day one. You need experienced legal representation to level the playing field.

How Varghese Summersett Handles Rideshare Accident Cases

Rideshare accident cases require specific knowledge that not all personal injury lawyers have. At Varghese Summersett, we have the experience and resources to take on Uber, Lyft, and their insurance companies.

We start with a thorough investigation of your accident. We don’t just rely on the police report. We obtain records from the rideshare company showing the driver’s status when the accident occurred, review the driver’s history and qualifications, examine the vehicle’s maintenance records, and gather all evidence proving who was at fault.

We identify all responsible parties and all available insurance coverage. Rideshare accidents often involve multiple insurance policies including the driver’s personal insurance, the rideshare company’s insurance, and insurance coverage from other drivers involved in the accident. We identify all sources of compensation to maximize your recovery.

We handle all communication with insurance companies so you don’t have to. You won’t deal with adjusters, recorded statements, or settlement offers. We know what these companies are trying to do, and we don’t let them take advantage of you.

We prepare every case for trial. While most cases settle, insurance companies only offer fair settlements when they know we’re willing to go to court. With 70+ team members across four Texas offices and extensive trial experience, we have the resources to take your case as far as necessary.

We work on a contingency fee basis, which means you don’t pay anything unless we recover compensation for you. This allows you to focus on your recovery while we fight for the compensation you deserve.

Frequently Asked Questions

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

Under Texas Civil Practice and Remedies Code § 16.003, you generally have two years from the date of the accident to file a personal injury lawsuit. There are some exceptions that can shorten or extend this deadline. Don’t wait to contact a lawyer. The sooner we begin working on your case, the better we can preserve evidence and protect your rights. Rideshare companies and their insurance carriers start investigating immediately, and you need someone protecting your interests from the beginning.

What if I was a passenger in the rideshare vehicle when the accident happened?

As a passenger, you have strong claims because you bear no fault for the accident. If the rideshare driver caused the accident, the rideshare company’s $1 million insurance policy should cover your injuries. If another driver caused the accident, you can file a claim against that driver’s insurance and may also have a claim under the rideshare company’s uninsured motorist coverage. Rideshare companies are more likely to settle passenger claims, but they will still try to minimize what they pay. Having a lawyer ensures you receive fair compensation.

Can I still file a claim if the rideshare driver says the app was off?

Yes, but you may be limited to the driver’s personal insurance coverage. Rideshare companies will investigate whether the app was truly off at the time of the accident. We can subpoena records from the rideshare company to determine the driver’s actual status. Even if the app was off, you still have a claim against the driver’s personal insurance. If the driver’s insurance is insufficient to cover your damages, we explore all other possible sources of compensation.

How much is my rideshare accident case worth?

Every case is different. The value depends on your medical expenses (past and future), lost wages and loss of earning capacity, pain and suffering, the severity and permanence of your injuries, and the available insurance coverage. Cases involving the rideshare company’s $1 million policy typically have more value than cases limited to a driver’s personal insurance. We can give you a better estimate after reviewing your specific facts. Contact us for a free consultation to discuss what your case might be worth.

What if the rideshare company is blaming me for the accident?

Insurance companies often try to shift blame to reduce their payout. Even if you were a passenger or clearly not at fault, they may claim you contributed to the accident or your injuries. Under Texas’s modified comparative negligence rule, you can still recover compensation as long as you were not more than 50% responsible. We counter these tactics by gathering evidence that proves who was actually at fault. Insurance companies use these blame-shifting tactics because they work on people who don’t have lawyers, but we know how to fight back.

Contact Our Dallas Rideshare Accident Lawyers

If you’ve been injured in an Uber or Lyft accident in Dallas, you’re facing a complicated legal battle against large companies with experienced legal teams. You need lawyers who understand rideshare insurance, know how to hold these companies accountable, and have the resources to take your case to trial if necessary.

Varghese Summersett has offices in Dallas, Fort Worth, Houston, and Southlake with experienced lawyer and team members ready to fight for you.

We offer free consultations for all personal injury cases. We work on a contingency fee basis, which means you don’t pay unless we recover compensation for you. Call our Dallas office at (214) 903-4000 to schedule your free consultation today. Learn more about rideshare accidents and how we can help, or read about typical Lyft accident settlement amounts to understand what your case might be worth.