Riding in an Uber or Lyft is a normal part of life for many of us in Texas. You tap your phone, a car arrives, and you get where you need to go. But the situation changes instantly when your driver looks down at their phone and causes a crash.
Suddenly, you are left injured, confused, and facing a complex web of insurance policies and legal questions. If you are reading this, you may be asking what happens if a rideshare driver causes an accident while distracted.
The answer is not as simple as it seems, and it often involves more than just the driver. Feeling overwhelmed after a crash is a normal response. The path to getting compensation for your medical bills, lost wages, and pain is often complicated.
Three key things to know are:
- The driver’s status on the rideshare app at the time of the crash is a major factor.
- Multiple insurance policies are likely involved, including the driver's personal policy and the rideshare company's commercial policy.
- Documenting everything, from your injuries to the accident scene, is a vital step in protecting your rights.
Possible Responsibility
After a crash, determining who is legally and financially responsible, known as liability, is the first major hurdle. With a rideshare accident, this is more complicated than a typical two-car collision.
Negligence is a legal term for when someone fails to act with reasonable care, causing harm to another person. A driver looking at their phone instead of the road is a clear example of negligence. Even with the independent contractor status, the rideshare company’s massive commercial insurance policy often comes into play.
Several factors determine which insurance policy applies:
- Driver's App Status: Was the driver logged into the app? Were they waiting for a ride, on the way to pick someone up, or was a passenger already in the car?
- Proof of Distraction: How can it be shown that the driver was distracted? This could involve their phone use, interacting with the app, or another activity that took their attention off the road.
- Severity of Damages: The extent of your injuries and property damage will influence how the claim proceeds.
The Driver's Status Matters: App On or Off?
The single most significant factor in a claim involving a rideshare driver who causes an accident while distracted is the driver’s status within the app.
Texas law and the policies of companies like Uber and Lyft create three distinct scenarios, each with different insurance coverage. Whether your accident was on the busy I-35 corridor through Austin or on a quiet street near Cameron Park in Waco, this status changes everything.
Here is how it typically breaks down:
- The Driver is Offline or the App is Off: If the driver is not logged into the rideshare app, they are considered a private citizen. In this case, any accident they cause is their own responsibility.
You would file a rideshare accident claim against their personal car insurance policy, just like in any other car crash. The rideshare company is not involved.
- The Driver is Logged In and Waiting for a Request: This is a gray area. The driver is available for work but has no passenger and is not on their way to pick one up. During this period, the rideshare company provides a limited layer of liability coverage.
- The Driver Has Accepted a Ride or Has a Passenger: From the moment the driver accepts your ride request until the moment you are dropped off, you are covered by the rideshare company's full commercial insurance policy. This usually includes at least $1 million in liability coverage.
This high-value policy is designed to cover injuries to you, other drivers, pedestrians, or anyone else harmed if a rideshare driver causes an accident while distracted.
Gathering Information
Once you are home and safe after an accident, the process of organizing information begins. It is easy to feel disoriented and unsure of what to do next. Taking deliberate steps to document what happened is a powerful way to regain a sense of control and build a foundation for your injury claim.
The more detailed your records are, the clearer the picture of the event becomes for insurance companies and legal professionals. Your memory of the events is sharpest right after they happen.
Write down everything you remember about the accident. What was the driver doing right before the impact? Did you see them looking at their phone? Did they say anything afterward that suggested they were at fault? No detail is too small.
Key pieces of information to gather and preserve include:
- The Police Report: The official report from the responding law enforcement agency, whether it is the Austin Police Department or the Temple Sheriff’s Office, contains crucial details.
- Medical Records: Keep a detailed file of every doctor's visit, hospital bill, physical therapy session, and prescription receipt. These documents directly link your injuries to the accident.
- Photos and Videos: Any photos you took at the scene are invaluable. Pictures of the vehicle damage, your injuries, and the surrounding area, like traffic signs or skid marks, help tell the story.
If you were unable to take photos, sometimes witnesses or nearby businesses, like a gas station in Killeen, may have security footage.
Proving the Rideshare Driver Was Distracted
The core of your claim is that the rideshare driver was distracted. Proving this is a key challenge. While you may have seen the driver looking at their phone, the insurance company for the rideshare company will likely demand more concrete proof.
Fortunately, in a world of constant connectivity, digital footprints are everywhere. This digital evidence is often the strongest way to prove a driver was using their phone.
Here are several ways distraction is proven:
- Cell Phone Records: A lawyer can subpoena the driver's cell phone records through the legal discovery process. These records show call logs, text message times, and data usage. If the records show the driver was texting or using data at the exact moment of the crash, it creates powerful evidence of distraction.
- Rideshare App Data: The rideshare company itself has data showing when the driver was interacting with the app. This data can confirm their status and show if they were accepting a ride or looking at the map instead of the road.
- Witness Testimony: What did other people see? Passengers in your vehicle, drivers or pedestrians nearby, or people working in storefronts might have seen the driver on their phone. Their statements can corroborate your account of what happened.
Dealing with Insurance Companies
Shortly after the accident, you will likely be contacted by an insurance adjuster. This adjuster may work for the driver's personal insurance or for the rideshare company's insurer. Their goal is to resolve your claim for the lowest possible amount.
Adjusters are often friendly and seem helpful, but they are highly trained negotiators. They may ask you to provide a recorded statement about the accident. They may also make a quick settlement offer that seems tempting, especially when medical bills are piling up. However, these initial offers are almost always far less than the true value of your claim, particularly if your injuries require long-term care.
When interacting with an insurance company after a rideshare driver causes an accident while distracted, keep the following in mind:
- You do not have to give a recorded statement. These statements are used to find inconsistencies in your story or get you to say something that minimizes your injuries or assigns you partial blame for the crash.
- Do not accept a fast settlement offer. You may not know the full extent of your injuries for weeks or even months. Settling too early means you cannot seek additional compensation if your medical condition worsens.
- Keep all communication in writing when possible. This creates a record of what was said and offered. Stick to the facts and avoid emotional language or speculation.
Your Path Forward in Central Texas
Facing the fallout when a rideshare driver causes an accident while distracted is a difficult and stressful journey. You are trying to heal from your injuries, manage medical bills, and deal with complex insurance rules, all while your life is disrupted. You do not have to navigate this path alone.
Having a dedicated legal team on your side can lift that burden and allow you to focus on your recovery.
At Lorenz & Lorenz, PLLC, we understand what you are going through. Our team is committed to helping people in Austin, Waco, Killeen, Temple, and across Central Texas who have been injured through no fault of their own.
We handle the fight with the insurance companies so you can concentrate on getting better. We help you understand your rights and options. Our approach is straightforward:
Rideshare Accident Attorney
- We listen to your story with compassion and give your case the individual attention it deserves.
- We conduct a thorough investigation to gather all the evidence needed to build a strong claim.
- We are prepared to stand up to large corporations and their insurance providers to pursue the fair compensation you need to rebuild your life.
If you were hurt in an accident caused by a distracted rideshare driver, contact Lorenz & Lorenz, PLLC. Call us at (512) 477-7333 in Austin or (254) 662-4800 in Waco for a free consultation to discuss your case.
Frequently Asked Questions
What if the rideshare driver denies being logged into the app when the accident happened?
This is a common tactic for drivers trying to avoid responsibility. However, digital evidence is difficult to hide.
- A legal team can request the driver's app data directly from the rideshare company through a formal legal process.
- This data provides a definitive record of their status at the moment of the crash.
- Your own ride history in your app also serves as proof if you were a passenger.
Should I talk to the rideshare company's insurance adjuster myself?
It is generally not in your best interest to handle these conversations alone. Adjusters are trained to elicit information that can weaken your claim.
- Anything you say in a recorded statement can be used against you later.
- You may unintentionally accept partial blame or downplay your injuries.
- A legal representative can handle all communication with the insurance company on your behalf, protecting you from these tactics.
How much does it cost to hire a lawyer for a rideshare accident case?
Most personal injury law firms, including Lorenz & Lorenz, PLLC, work on a contingency fee basis.
- This means you pay no upfront fees to hire the rideshare accident attorney.
- The law firm is paid a percentage of the settlement or verdict they obtain for you.
- If you do not receive a financial recovery, you do not owe any attorney's fees.
What if my injuries do not seem very serious right after the crash?
It is always a good idea to seek a medical evaluation after any car accident, even if you feel fine.
- Some serious injuries, like whiplash or internal bleeding, may not show symptoms for hours or even days.
- Adrenaline from the crash can mask pain initially.
- Having a medical record from right after the accident creates a clear link between the crash and your injuries, which is critical for an insurance claim.
The accident happened in Temple, but I live in Austin. Does that matter?
Where the accident occurred and where you live are both relevant facts, but they do not prevent you from pursuing a claim.
- An experienced law firm can handle cases across different jurisdictions within Texas.
- The laws governing personal injury and rideshare liability are state laws, so they apply whether the crash was in Killeen, Waco, Austin, or anywhere in between.
- Our firm has offices in both Austin and Waco and serves clients throughout the Central Texas region, so we are equipped to handle cases regardless of these geographic details.