Uber and rideshare accidents are on the rise. They seem to cluster in high-traffic commercial zones and entertainment districts where distracted driving, congestion, and pickup confusion frequently occur. In our city, this includes hotspots near Midtown and Washington Avenue.

This is primarily driven by the city’s rapidly growing population and heightened traffic congestion. While the increasing presence of gig drivers navigating busy freeways and entertainment districts may be here for good, call us to find out if you can sue Uber after an accident.

Who Is the Negligent Party in a Rideshare Accident?

The quick answer is yes, you can sue Uber after an accident, but liability may not be clear-cut in every claim. The process depends on the driver’s active status in the app and the person who caused the crash. Because Texas is an at-fault state, you must be able to prove negligence to recover compensation for your damages. So, who is going to pay for your medical bills and car repairs? You have three options.

The Uber Driver

If the driver was at fault, you can file a personal injury claim against their personal auto insurance policy, and by extension, trigger Uber’s commercial coverage.

Uber Itself

Suing the multinational technology company directly requires proving corporate negligence, like hiring a rideshare driver with a bad driving record.

Third Parties

If a different driver, a commercial trucker, or a city vehicle caused the crash, you can sue them directly.

A lawyer could help you determine which approach is best for your case.

How Uber’s Insurance Works

Understanding how Uber’s insurance works is a little tricky. The company offers coverage that is dependent on the driver’s “status” at the time of the collision. Here is a quick breakdown of the stages:

  • Driver’s App is OFF: Uber’s insurance does not apply. You must file a claim against the driver’s personal auto insurance.
  • App is ON, Waiting for a Ride: Uber provides secondary liability coverage, which kicks in if the driver’s personal insurance is exhausted (up to $50,000 per person/$100,000 per accident in bodily injury).
  • Active Trip: Uber’s commercial policy provides $1 million in liability and uninsured/underinsured motorist coverage when the driver has a passenger in the car, or they are on their way to pick someone up.

An attorney could help challenge claims that Uber is not responsible for covering the accident because of the driver’s status.

Remember That the State Has a Modified Comparative Fault Rule

In addition to understanding if you can (or cannot) sue Uber after an accident, you should also understand how Texas law also applies. Under the state’s modified comparative fault rule outlined in Texas Civil Practice & Remedies Code 33.001, you can pursue compensation as long as you are 50 percent or less at fault for the crash. If you are found partially responsible, your settlement would be reduced directly by your percentage of fault.

You also need to be aware of the statute of limitations on personal injury claims. You generally have just two years from the date of the accident to file a lawsuit, so if you plan to open a case, you should do so quickly.

Let Us Help You Sue Uber After an Accident

KGS Law PLLC is your go-to law firm when you need to sue Uber after an accident. It is easy to set up a time for your free consultation to learn more about your legal options.

Whether you suffered a catastrophic injury or you lost a loved one, we can help your family recover your losses with compassion and understanding. Let us guide you through the often complex process of suing a large, well-funded corporation for maximum compensation.