In Texas, liability after an Uber accident depends entirely on the driver's activity at the moment of the crash.
- If the driver was actively on a trip or heading to a pickup, Uber's $1 million insurance policy typically applies.
- If they were waiting for a ride request, a lower level of coverage is available.
- If their app was off, only their personal auto insurance is responsible.
The complication is that determining the driver’s exact status requires an immediate investigation to secure digital evidence from Uber’s app, which is difficult to obtain. Insurance companies may also use Texas’s comparative fault law to argue you were partially to blame, potentially reducing or even eliminating your compensation.
You have the right to hold the correct party accountable and pursue the maximum compensation available under the law for your medical bills, lost income, and suffering. This process begins with a thorough investigation into the specific facts of your case.
If you have a question about your Uber accident, call us for a free consultation at (210) 941-1301.
Key Takeaways for Uber Accident Liability in Texas
- The driver's app status determines which insurance policy applies. Uber provides different levels of coverage depending on whether the driver was offline, waiting for a ride request, or actively engaged in a trip.
- Texas's 51% fault rule affects your compensation. Under the state's modified comparative fault law, you are barred from recovering any damages if you are found to be 51% or more to blame for the accident.
- Preserving digital evidence from Uber is a priority. Proving the driver's status at the moment of the crash requires trip data from the app, which must be secured quickly through a formal evidence preservation letter sent by an attorney.
Mapping Liability: The Three Scenarios of a Texas Uber Crash
Scenario 1: The Driver’s App Was Off
When the Uber app is off, the driver is considered a private citizen, not a rideshare operator. From an insurance perspective, they are no different from any other driver on the road.
Who Is Liable?
The driver's personal auto insurance policy is the primary source of coverage.
What This Means for You
Your claim proceeds like any other car accident claim. You would file against the at-fault driver’s personal insurance. Texas law requires all drivers to carry a minimum of $30,000 in liability coverage per injured person, up to $60,000 per accident.
A Potential Problem
If your injuries are serious, this minimum coverage is sometimes exhausted by a single trip to the emergency room, leaving you to wonder how the rest of your bills will be paid.
Scenario 2: The App Was On, and the Driver Was Waiting for a Ride Request
This phase covers the time when a driver is logged into the app and available to accept rides but has not yet been matched with a passenger.
Who Is Liable?
Uber’s contingent liability coverage applies. This is a lower-tier policy that is active only during this specific waiting period.
What This Means for You
Under Texas House Bill 100, Uber must maintain coverage of at least:
- $50,000 for bodily injury per person.
- $100,000 for total bodily injury per accident.
- $25,000 for property damage per accident.
Our role is to immediately establish the driver’s status to ensure this coverage is triggered. This requires swift action to preserve the necessary digital records from Uber.
Scenario 3: The Driver Accepted a Ride or Was Transporting a Passenger
This is the period when Uber’s highest level of financial responsibility is active. It begins the moment a driver accepts a ride request on the app and continues until the passenger is dropped off at their destination.
Who Is Liable?
Uber’s commercial liability insurance policy is primary.
What This Means for You
During this phase, Uber provides $1 million in third-party liability coverage. This policy is designed to cover injuries to passengers, people in other vehicles, pedestrians, or anyone else harmed by the driver’s actions while on a trip.
Note on Evidence
Proving the driver was in this phase requires trip data from Uber itself. We send an immediate evidence preservation letter to Uber to ensure this digital information is not deleted.
What if Another Vehicle Caused the Accident?
Sometimes, the Uber driver is not the one at fault. When this happens, the path to compensation shifts, but coverage may still be available through Uber's policies.
When a Third Party is At Fault
Your Uber driver may have done nothing wrong. The crash could have been caused by another driver who ran a red light, was texting, or was otherwise negligent. In these cases, the primary claim would be against that at-fault driver’s insurance policy.
However, Uber's insurance may still play a role through its Uninsured/Underinsured Motorist (UM/UIM) coverage, which is also part of its $1 million policy. This coverage applies if the at-fault driver has no insurance or not enough to cover the full extent of your damages. It is a layer of protection for you as a passenger.
Crashes Involving Commercial and Delivery Trucks
The situation changes when the at-fault vehicle is a commercial truck, such as one operated by Amazon, UPS, FedEx, or another delivery service.
Commercial trucks carry large insurance policies, and their parent companies have teams of investigators and lawyers ready to defend claims. They look for any reason to argue their driver was not at fault. Their goal is to protect their business interests, which means they conduct a thorough investigation looking for any evidence to argue you or the Uber driver were at fault.
Our firm, Cowen | Rodriguez | Peacock has extensive experience handling cases against large trucking and logistics companies. We are familiar with their approaches and how to counter them. We investigate driver logs, vehicle maintenance records, and company hiring practices to build a strong case showing how the company’s negligence may have contributed to the crash.
How Does Texas Law Shape Your Uber Accident Claim?
The Rule of "Modified Comparative Fault"
Texas uses a legal concept called modified comparative fault, also known as the 51% bar rule.
A jury assigns a percentage of blame to everyone involved in the accident. If you are found to be 50% or less at fault, you recover damages, but your final award is reduced by your percentage of fault. If you are found to be 51% or more at fault, you are barred from recovering any compensation.
How Insurance Companies Use This
They will conduct a thorough investigation to find any evidence that could be used to argue you were partially to blame, for example, that you weren't wearing a seatbelt or that you distracted the driver. Our role is to protect you from unfair blame and ensure liability is assigned correctly based on the evidence.
The Importance of Reporting the Accident
Texas law requires that any accident resulting in injury, death, or apparent property damage of $1,000 or more must be reported to the police. A police report is a foundational piece of evidence in any injury claim. It provides an official, third-party account of the incident, which is valuable when establishing the facts of the case with insurance companies.
What Kind of Compensation Is Available?
After being injured in an Uber accident, you may seek payment for a range of losses, which are categorized as "damages." The goal of seeking damages is to make you whole again, at least from a financial standpoint, after the disruption and harm the crash has caused.
Economic Damages
These are tangible financial losses that are calculated with receipts, bills, and pay stubs. They include:
- Medical Expenses: All costs related to your treatment, from the initial ambulance ride and emergency room visit to future surgeries, physical therapy, and medication.
- Lost Wages: Income you have lost because you are unable to work while recovering.
- Diminished Earning Capacity: If the injury permanently affects your ability to earn a living at the same level as before the accident, you may be compensated for this future loss.
Non-Economic Damages
These are intangible losses related to the human cost of the injury. While they don't come with a price tag, they are very real, and Texas law allows you to seek compensation for them:
- Pain and Suffering: For the physical pain and emotional distress caused by the accident and your injuries.
- Physical Impairment: For the loss of enjoyment of life or the inability to perform daily activities, hobbies, or family duties.
- Mental Anguish: For conditions like anxiety, depression, or PTSD resulting from the trauma of the crash.
Frequently Asked Questions About Texas Uber Accidents
Do I sue the Uber driver or Uber itself?
Typically, the claim is filed against the responsible insurance policy. Under Texas law, rideshare drivers are independent contractors, which limits the company's direct liability. However, a lawsuit may name the driver, Uber, and any other at-fault parties to ensure all potential sources of recovery are included and that the proper entities are held accountable.
What if I was a pedestrian or cyclist hit by an Uber?
The same liability rules apply. The driver’s status determines which insurance policy is responsible for your injuries. As a pedestrian or cyclist, you have the same rights to pursue compensation as someone in another vehicle.
How long do I have to file a claim in Texas?
In Texas, the statute of limitations for a personal injury claim is generally two years from the date of the accident. There are some exceptions, but waiting weakens your case as evidence disappears and memories fade. It is always better to understand your rights sooner rather than later.
Should I give a recorded statement to an insurance adjuster?
It is generally not in your best interest to provide a recorded statement without first speaking to an attorney. Adjusters are trained to ask questions in a way that may lead you to unintentionally hurt your own claim. We handle all communications with the insurance companies on your behalf to protect your interests.
What if the Uber driver who hit me was from out of state?
It doesn't change the process. Because the accident happened in Texas, Texas laws and insurance requirements will govern the case. The legal framework for determining liability remains the same, regardless of where the driver resides.
Let Us Clarify Your Path Forward
We regularly help families in San Antonio and across Texas understand their rights after a serious rideshare crash. Our work is focused on these motor vehicle cases. The sooner we begin preserving evidence like Uber's trip data, the stronger your foundation for a claim will be.
If you were injured in an Uber accident and are unsure what to do next, call Cowen | Rodriguez | Peacock at (210) 941-1301.