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A routine Uber or Lyft ride in Houston can become a life-changing event. With thousands of rideshare vehicles on the road every day, accidents caused by distracted driving, speeding, impaired driving, or other forms of negligence can leave passengers, pedestrians, cyclists, and other motorists facing serious injuries. Determining who is responsible and which insurance policies apply, can be complex.
Kherkher Garcia’s Houston rideshare accident lawyers investigate the circumstances of rideshare accidents, identify all potentially liable parties, and pursue compensation through every available avenue. We explore all options including the driver’s personal policy and the commercial insurance provided by Uber or Lyft.
Schedule a free consultation with Kherkher Garcia and get trusted legal guidance after a serious injury
A Houston rideshare accident rarely affects only the person riding inside the vehicle. Anyone struck by a negligent rideshare driver may have a claim, including:
Recent data reflects the scale of the risk. The Texas Department of Transportation (TxDOT) reported that 251,977 people were injured in motor vehicle crashes across the state in a single year, and rideshare vehicles account for a growing share of that traffic. Whether the person affected was a passenger, another driver, a pedestrian, or the rideshare driver, the same underlying questions follow: which insurance policy applies? Who bears responsibility for the crash?
Rideshare accidents are not treated the same as standard car accident claims under Texas law. Uber and Lyft classify their drivers as independent contractors rather than employees, which shapes how liability and insurance coverage work after a crash.
Because coverage shifts depending on the driver’s status in the app at the time of the collision, a Houston rideshare accident lawyer must examine trip data, app records, and multiple insurance policies before pursuing a claim.
Insurance adjusters representing rideshare companies are familiar with these distinctions and often use them to argue that a lower coverage tier applies. This makes a clear understanding of the underlying legal framework essential before any settlement discussion begins.
Under Texas Insurance Code Section 1954, a rideshare company operates as a Transportation Network Company that connects riders and drivers through a digital network as defined under Texas law, rather than operating as a traditional dispatch service. This classification affects a claim in several ways:
Because this classification determines which insurance policy applies and how far the rideshare company’s own liability extends, it shapes the entire direction a claim takes.
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Every Uber or Lyft claim in Houston starts with one central question: what was the driver doing in the app when the crash happened? Texas insurance law divides rideshare coverage into three phases, and the amount of available coverage changes significantly at each stage. The difference between phases can mean a gap of hundreds of thousands of dollars in available coverage, which is why insurers frequently dispute which phase applied at the moment of impact.
A rideshare accident lawyer in Houston reviews trip logs and app data to determine which phase applies, since this single factor often decides how much compensation a car accident victim can recover.
When a rideshare driver has the app off entirely, no rideshare insurance policy applies. The driver’s personal auto insurance governs the claim instead, subject to the minimum liability limits Texas law requires for all drivers:
This is known as 30/60/25 coverage, the same minimum required of any driver on a Texas road, regardless of whether they drive for a rideshare company at all.
Once a driver logs into the app and waits for a ride request, limited contingent liability coverage from the rideshare company becomes available in addition to the driver’s personal policy. This phase typically provides:
This coverage exists because a driver’s personal auto policy often excludes commercial activity, leaving a gap that could otherwise leave a car accident victim without recourse. A rideshare accident lawyer in Houston confirms which policy was active before a claim is filed, since insurers frequently dispute this phase.
Once a driver accepts a ride request or has a passenger in the vehicle, Uber and Lyft’s commercial insurance policy applies. This phase typically provides up to $1,000,000 in liability coverage, along with uninsured and underinsured motorist protection for the same amount.
This is the highest coverage phase, and it is the one both companies contest most vigorously when a serious injury claim is filed. Rideshare companies and their insurers routinely argue that a driver was in a different phase at the time of the crash, since doing so can shift the claim to a policy with far lower limits. Confirming the driver’s exact app status through trip records and Uber’s own coverage policy is often the deciding factor in how much compensation a car accident victim can recover.
Our trial lawyers will go the distance against corporations and insurance companies to win the maximum compensation in your case.
We stand ready to fight for you against the injustices caused by negligent actions throughout the state of Texas and across the Nation.
More than one party can be held liable after a Houston rideshare accident, and identifying every responsible party often determines how much compensation is available. Overlooking a liable party can mean overlooking an entire insurance policy that would otherwise apply to a claim. At Kherkher Garcia LLP, our attorneys investigate every angle of a claim before determining which parties should be pursued. Potentially liable parties include:
A rideshare accident lawyer in Houston reviews trip records, driver history, and vehicle maintenance logs to identify every party who may share responsibility.
Directly suing Uber or Lyft is possible only in limited circumstances, since both companies classify their drivers as independent contractors rather than employees. Texas courts generally will not hold Uber or Lyft directly liable for a driver’s negligent driving under ordinary negligence principles.
A direct claim against the company becomes possible when the crash results from the company’s own conduct, such as:
In these situations, the claim targets the company’s own decisions rather than the driver’s actions behind the wheel. A rideshare accident lawyer in Houston evaluates a driver’s history and the company’s internal safety practices to determine whether this type of claim applies.
Rideshare accidents in Houston stem from many of the same dangerous behaviors that contribute to other car accidents, often intensified by the pressure to complete more trips. Common causes include:
A rideshare accident lawyer in Houston investigates trip data, driver activity logs, and any police reports to determine which of these factors may have contributed to a specific crash.
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Rideshare passengers have no control over the vehicle or applicable safety features, which can increase the severity of an injury in even a minor collision. Injuries commonly reported after a Houston rideshare accident include:
Every injury deserves proper documentation and care from the moment it occurs. Since gaps in medical records can be used to question the connection between the crash and an injury later in a claim, it is important to get medical care as soon as possible.
A rideshare accident lawyer in Houston helps accident victims pursue all applicable compensation after a serious crash. Recoverable damages often include:
The exact value of a claim depends on the severity of the injuries, the applicable insurance coverage, and the degree of fault assigned to each party under Texas’s modified comparative fault rule. Under this rule, a car accident victim may recover damages as long as their share of responsibility does not exceed 50 percent.
Non-economic damages such as pain and suffering do not carry a fixed dollar value under Texas law, so these amounts are typically calculated by weighing the severity and permanence of the injury against the documented economic losses in the claim.
A rideshare accident that results in a fatality allows surviving family members to pursue a wrongful death claim separate from any compensation the victim could have sought had they survived. Eligible family members may recover damages for:
Wrongful death claims involving Uber or Lyft follow the same insurance-phase analysis as an injury claim, since the applicable coverage still depends on what the driver was doing in the app at the time of the crash. Because these claims involve time-sensitive evidence such as trip data and app records, contacting an attorney promptly protects a family’s ability to recover fair compensation.
Prompt action after a rideshare accident preserves the evidence needed to support a claim and protects victims and their families. Recommended steps include:
Each of these steps builds the foundation for a stronger claim.
Uber and Lyft both require drivers and passengers to report an accident directly through the app, which creates an official record tied to the trip. Reporting typically involves:
Reporting the crash promptly helps establish which phase of coverage applies and creates a timestamped account of the incident.
At Kherkher Garcia LLP, our attorneys handle every stage of a Houston rideshare accident claim so victims can focus on recovery. Our process typically includes:
Our rideshare accident lawyers in Houston manage this process from the first phone call through resolution, keeping victims informed as the claim moves from investigation to negotiation and, if necessary, trial.
Kherkher Garcia LLP has recovered more than $1 billion for injured clients across Texas. Our attorneys have represented clients in a wide range of personal injury matters, including Uber and Lyft rideshare accidents. Every case reflects the same commitment to thorough investigation and pursuit of fair compensation on the client’s behalf.
Have you been injured in an accident involving a rideshare vehicle? Call Kherkher Garcia LLP today at 713-333-1030 to speak with a rideshare accident lawyer in Houston about a potential Uber or Lyft accident claim. Our attorneys review the facts of the crash, identify the applicable insurance coverage, and outline the options available to a car accident victim during a free consultation.
Contact our team today to discuss the next steps for your Houston rideshare accident claim.
Steve Kherkher is passionate about serving his clients. He has dedicated his life to championing the rights of those who have experienced catastrophic injury due to negligence.
Steve Kherkher, along with Trial Lawyer Jesus Garcia, founded Kherkher Garcia, and under their leadership, the firm achieved unprecedented success within its first three years.
With a career spanning over 35 years, Steve’s tireless pursuit of justice for his clients has earned him national recognition and numerous accolades as an exemplary trial attorney.
Jesus Garcia Jr. is a founding partner of Kherkher Garcia LLP and a nationally recognized trial lawyer with more than 20 years of experience representing victims of catastrophic injury and wrongful death caused by corporate negligence.
Raised in Rio Grande City, Texas, Jesus brings a deep understanding of hard work, perseverance, and accountability to every case he handles. His commitment to justice has led to record-setting verdicts and settlements, including some of the largest recoveries in Texas history.
Known for his trial-ready approach and relentless advocacy, Jesus has dedicated his career to holding powerful corporations accountable and fighting for families when they need it most.
With thousands of Uber and Lyft vehicles on Houston roads every day, rideshare accidents are an unfortunate reality — and when one happens, determining which insurance policy applies and who is truly responsible can be far more complex than a standard car accident claim. At Kherkher Garcia LLP, our team of personal injury lawyers investigates every angle of a rideshare accident, from trip data and app records to driver history, to pursue the full compensation you deserve. When you need a rideshare accident lawyer near you in Houston you can trust, we are ready to take on Uber, Lyft, and their insurers on your behalf.
Visit us at 2925 Richmond Ave., Suite 1560, Houston, Texas 77098, or call 713-333-1030 for a free consultation today.
Client Reviews
4 weeks ago
I had an amazing experience with Kherkher Garcia after my car accident. From the very beginning, they made a stressful and overwhelming situation so much easier to navigate. I had to be off work for a while and go through physical therapy, and they truly supported me every step of the way. Margarita was absolutely incredible to work with. She always answered my questions promptly, kept me informed throughout the entire process, and made sure I understood exactly what I needed to do. Her communication and care meant so much during such a difficult time. I honestly received far more compensation than I ever expected, and I’m beyond grateful for the outcome. If you’re looking for a law firm that is professional, responsive, and genuinely cares about their clients, I highly recommend Kherkher Garcia. Thank you again for everything!
a month ago
a month ago
Great company, I was in a severe car accident 3 years ago and it only took about two years after to get my settlement case and have everything else resolved including medical bills, etc. Super nice people they know what they are doing and they fight for you like family. Strongly recommended.
2 months ago
I highly recommend attorney Kherkher Garcia. From the very first moment they took my case, they provided excellent medical assistance and were attentive throughout my recovery. The compensation I received surprised me greatly because the damage to my car was minor, and my check far exceeded my expectations. I hope I never have another accident, but if I do, I won’t hesitate for a second to contact them because they are the best. Once again, thank you so much and blessings.
2 months ago
In 2017, I was in a very serious accident. But thank God, I was referred to this law firm. My case wasn’t easy, but I’m so grateful to Attorney Steve. He always visited me; he became a friend, and I’m so thankful he became like family. The paralegal, Raciel, guided us through the case step by step. My case was resolved, and we won. And after that, Attorney Steve has continued to look after me to this day. I am grateful to God first, and then to this law firm. I would always recommend them.
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In most cases, Texas law allows two years from the date of the accident to file a rideshare accident claim. Certain circumstances, including the discovery of an injury after the accident, can affect how this deadline is calculated.
Depending on the driver’s status in the app at the time of the crash, either the driver’s personal insurance or Uber and Lyft’s commercial policy may cover medical expenses.
Yes, a driver struck by a negligent rideshare driver may file a claim against the rideshare driver’s applicable insurance policy, whether personal or commercial, depending on what the driver was doing in the app at the time of the crash.
A denied claim can often be appealed or challenged. Our attorneys can evaluate the denial and pursue further action when it appears inconsistent with the applicable coverage.
Direct claims against Uber or Lyft are possible only when the negligence stems from the company’s own actions, such as inadequate driver screening or ignoring known safety complaints, rather than the driver’s conduct behind the wheel.
This page has been written, edited, and reviewed by a team of legal writers following our comprehensive editorial guidelines. This page was approved by attorneys Steve Kherkher and Jesus Garcia Jr., who have more than 50 years of combined legal experience championing the rights of those who have experienced catastrophic injury due to negligence.
Connect with a Kherkher Garcia trial lawyer today to pursue maximum compensation for your injury.
