Austin Rideshare Accident Lawyer

Who Is Liable for an Uber or Lyft Accident?

Responsibility for a rideshare accident depends on how the collision occurred. The insurance available for a claim can also depend on the driver’s app status and whether a ride had been accepted. Different policies may apply in these scenarios:

When the Driver Is Logged Off

If an Uber or Lyft driver isn’t logged into the app, a rideshare trip isn’t active. The driver’s personal auto insurance policy may provide coverage in this situation, subject to the terms of the policy and the facts of the collision. Rideshare coverage generally doesn’t apply while the driver is logged off.

When the Driver Is Logged On but Hasn’t Accepted a Ride Request

If a driver is logged into the rideshare app but hasn’t accepted a ride request, the available coverage shifts. Under Texas TNC rules, the driver or company must maintain primary insurance while the driver is logged onto the network. The limits and conditions that apply at this stage depend on the applicable policy and current Texas law.

Evidence of app status plays a central role here. We review the app’s records, trip receipts, and available dashcam footage alongside police reports to determine what coverage was in place at the time of the crash.

When the Driver Has Accepted a Ride or Is Transporting a Passenger

Once a driver has accepted a ride request or has a passenger in the vehicle, Texas law requires primary automobile insurance to be in force. The required coverage may be provided by the driver, the rideshare company, or both. Any uninsured or underinsured motorist coverage must be evaluated under the applicable policy and current Texas law.

If you were injured as a passenger or struck by a rideshare driver during an active trip, our attorneys can investigate the applicable insurance, identify all potentially responsible parties, and build your claim for negotiations or trial. We’ve recovered hundreds of millions of dollars for personal injury clients across Texas, and we bring that same trial-ready preparation to the rideshare claims we handle.

Steps to Take After a Rideshare Accident in Austin

If you’ve been involved in an Uber or Lyft accident, taking the following steps can protect your health and preserve evidence for your claim:

1. Seek Medical Attention: Make your health and safety the priority. Even if you don’t initially feel injured, seek a medical evaluation because some injuries might not appear right away.
2. Report the Accident: Contact Austin law enforcement to file a formal police report.
3. Document the Scene: Take photos of the accident scene, all vehicle damage, and visible injuries. Gather contact information from all parties involved, including the rideshare driver and witnesses.
4. Report the Incident to Uber or Lyft: Notify the rideshare company through its app or customer service line.
5. Speak With Our Attorneys: Contact Howry Breen & Herman, LLP to discuss your options. Our team manages communications with insurance companies and advocates for your interests throughout the process.

Keep copies of app screenshots, trip receipts, police reports, medical records, and expenses tied to the collision. These records can clarify the driver’s status, document your losses, and preserve information that may become harder to obtain later.

What Damages Can You Recover After a Rideshare Accident in Austin?

If you’re injured in a rideshare collision, Texas law may allow you to recover different types of compensation. The available damages depend on the facts, the extent of your injuries, and the supporting documentation you provide.

Serious injuries may require future treatment, assistive devices, time away from work, or ongoing support. We examine medical information, employment records, and other evidence to identify immediate losses and future effects that may be included in your claim.

Common categories of damages that may be available after an Austin rideshare accident include:

• Medical expenses and care for emergency treatment, follow-up visits, physical therapy, medication, and any assistive devices you need to function day to day.
• Lost income and benefits when your injuries keep you away from work, including missed paychecks, used sick time, and potential bonuses or promotions you couldn’t pursue.
• Reduced future earning ability if lasting impairments limit the type of work you can do or the hours you can maintain over the long term.
• Property damage and replacement costs for your vehicle, phone, eyeglasses, or other personal items that were destroyed or damaged in the crash.
• Physical pain and emotional hardship stemming from ongoing pain, anxiety, sleep disruption, or the loss of hobbies and social activities that once played a central role in your life.

How Long Do You Have to File a Rideshare Accident Claim in Texas?

Texas sets specific deadlines, known as statutes of limitations, for filing personal injury claims after a rideshare crash. In most cases, you have two years from the date of the accident to file a lawsuit. For wrongful death claims, the two-year period generally runs from the date of the person’s death. These deadlines apply to Uber and Lyft accident claims in Austin and across Central Texas. Missing an applicable deadline can mean losing your right to seek compensation, regardless of the strength of your case.

Exceptions and different deadlines may apply depending on the claimant, the defendant, whether a government entity is involved, or the legal theory at issue. A consultation can help identify those issues, but doesn’t itself establish the filing deadline for your specific claim. Acting promptly can preserve key evidence, witness accounts, and information about available insurance.

How Our Firm Handles Uber & Lyft Accident Claims

Our attorneys at Howry Breen & Herman, LLP are trial lawyers, not settlement processors. Partners Randy Howry, Sean Breen, Timothy J. Herman, and Matt A. Kelley bring extensive courtroom experience to our cases. Sean Breen secured a $53.9 million verdict for a client who was burned and paralyzed. Matt A. Kelley has managed a docket of more than 75 active litigation cases and conducted over 100 depositions. Our firm has also been recognized by Best Law Firms, Best Lawyers, The National Trial Lawyers, Super Lawyers, and Expertise.com.

A rideshare investigation may involve app and trip data, driver status records, vehicle and scene evidence, witness accounts, medical and employment records, and multiple insurance policies. We gather app data, trip receipts, available dashcam footage, and police reports. When appropriate, we also work with medical professionals and accident reconstruction analysts to determine how the collision occurred and who may bear responsibility.

We then evaluate each potentially applicable source of coverage, including the driver’s personal policy, the rideshare company’s policy, and any uninsured or underinsured motorist coverage available to you. We use the evidence and policy information to negotiate with insurers or, if necessary, file suit and prepare the case for trial.

Discuss Your Austin Rideshare Accident with Our Trial Lawyers

We offer a free case review and work on a contingency fee basis, so you pay nothing unless we win your case. Our team can help you obtain medical care and a rental car, manage insurance communications, and understand each stage of the legal process.

Call (512) 430-4844 or contact us online today to speak with our Austin rideshare accident lawyers.