Uber & Lyft Accidents

You opened the app, requested a ride, and got in the car. You trusted the platform. Then someone ran a red light, the driver was not paying attention, or a drunk driver crossed the centerline. Now you are in a hospital bed wondering who is responsible and how you are going to pay for this.

Rideshare accident cases are not like standard car accidents. They are more complicated, the insurance coverage is layered, and the companies behind the apps — Uber and Lyft — have spent years building legal structures designed to distance themselves from liability. You need a lawyer who understands exactly how these cases work.

I am Michelle Acosta, and I handle rideshare accident cases personally. I have won a $56 million verdict in Harris County. I prepare every case for trial because insurance companies — whether they represent the rideshare driver, the at-fault third party, or Uber and Lyft themselves — negotiate differently when they know a real trial lawyer is on the other side.

The Three Phases of Rideshare Insurance Coverage

This is the most important thing to understand about Uber and Lyft accident claims. The amount of insurance coverage available to you depends entirely on what the driver was doing at the moment of the crash. Texas law and these companies' own policies divide rideshare activity into three distinct phases:

Phase 1: App On, No Ride Request Accepted. The driver has the Uber or Lyft app turned on and is waiting for a ride request. During this phase, the rideshare company provides only contingent liability coverage: $50,000 per person for bodily injury, $100,000 per accident for bodily injury, and $25,000 for property damage. This is the minimum coverage phase, and it only kicks in if the driver's personal auto insurance denies the claim — which it almost always does, because most personal auto policies exclude commercial activity.

Phase 2: Ride Request Accepted, En Route to Pick Up Passenger. Once the driver accepts a ride request and is on the way to pick you up, coverage jumps significantly. Uber and Lyft both provide $1 million in third-party liability coverage during this phase. They also provide uninsured/underinsured motorist coverage and contingent comprehensive and collision coverage (subject to a deductible).

Phase 3: Passenger in the Vehicle. From the moment you get in the car until you are dropped off at your destination, the full $1 million in coverage applies. This includes third-party liability, uninsured/underinsured motorist coverage, and contingent collision coverage.

The difference between Phase 1 and Phase 2 can be the difference between $50,000 and $1,000,000 in available coverage. That is not a rounding error. Determining which phase applied at the time of your accident is one of the first things I do when I take a rideshare case.

Texas Occupations Code Chapter 2402 — TNC Regulation

Texas regulates Transportation Network Companies (TNCs) like Uber and Lyft under Occupations Code Chapter 2402, which took effect in 2017. This statute requires TNCs to maintain the insurance coverage levels described above and to disclose coverage information to drivers. It also establishes that TNC drivers are independent contractors, not employees — a classification the companies fight hard to maintain because it shields them from direct vicarious liability for driver negligence.

That independent contractor designation does not mean Uber and Lyft are off the hook. Their own insurance policies still apply. And in cases where the company knew or should have known a driver was dangerous — prior accidents, DWI history, complaints from passengers — there may be grounds for a negligent hiring or negligent retention claim against the company itself.

Who Is Liable in a Rideshare Accident?

Rideshare accidents create a web of potential defendants. Determining who is liable depends on the facts of your crash:

• The rideshare driver — If your Uber or Lyft driver caused the accident through negligence — distracted driving, running a stop sign, speeding, driving while impaired — the driver is personally liable, and the rideshare company's insurance applies based on the phase of the ride.
• A third-party driver — If another driver caused the crash while you were a rideshare passenger, that driver's insurance is the primary source of recovery. If the at-fault driver is uninsured or underinsured, the rideshare company's UM/UIM coverage may fill the gap.
• Uber or Lyft (the company) — Direct liability claims against the platform are harder but not impossible. If the company failed to conduct adequate background checks, allowed a driver with a known dangerous history to remain on the platform, or maintained policies that encouraged unsafe driving behavior, the company itself may bear responsibility.
• Other parties — Depending on the circumstances, other defendants may include a vehicle manufacturer (defective vehicle), a government entity (dangerous road design), or a bar or restaurant (dram shop liability if alcohol was involved).

Houston: Ground Zero for Rideshare Accidents

Houston is one of the largest rideshare markets in the country. Every weekend night, thousands of Uber and Lyft drivers are on the road picking up passengers from Washington Avenue bars, Montrose restaurants, Midtown clubs, and Downtown events. NRG Stadium and the Toyota Center generate surges of rideshare traffic after every Texans game, Rockets game, and concert. George Bush Intercontinental and Hobby Airport keep rideshare drivers running 24 hours a day.

The Galleria area sees constant rideshare pickup and drop-off activity on congested roads that were never designed for the volume. Memorial City, the Energy Corridor, and the Medical Center all generate heavy rideshare demand. And during events like the Houston Livestock Show and Rodeo, rideshare volume spikes dramatically across the entire metro area.

More rides mean more opportunities for something to go wrong. Fatigued drivers working double shifts. Distracted drivers checking the app while navigating unfamiliar streets. Aggressive driving to complete more rides per hour. Houston's rideshare accident problem is real, and it is growing.

Texas Comparative Negligence in Rideshare Cases

Texas follows a modified comparative negligence rule under Civil Practice and Remedies Code Section 33.001. You can recover compensation as long as you are not more than 50% at fault. If you are 51% or more responsible, you recover nothing. Your recovery is reduced by your percentage of fault.

In rideshare cases, insurance companies will try to assign fault to everyone except their insured. If you were a passenger, proving you were not at fault is usually straightforward — you were sitting in the back seat. But if you were in another vehicle or a pedestrian, the rideshare company's insurer will aggressively argue contributory negligence to reduce your recovery.

What to Do After a Rideshare Accident

Screenshot the app. Before anything else, take a screenshot showing your ride details — the driver's name, the vehicle, the trip status, the pickup and drop-off locations. This information disappears or becomes harder to access after the ride ends.

Call 911. Get a police report. The CR-3 crash report documents the accident and creates an official record of what happened.

Get medical attention within 72 hours. Even if you feel fine. Adrenaline masks pain. Soft tissue injuries, concussions, and internal injuries often do not present symptoms immediately. A gap in treatment gives the insurance company ammunition to argue you were not seriously hurt.

Do not give recorded statements. The rideshare company's insurer and the other driver's insurer will both want recorded statements. You are not obligated to provide them, and you should not without an attorney.

Report the accident through the app. Both Uber and Lyft have in-app crash reporting features. File a report, but keep your description factual and brief. Do not speculate about fault or minimize your injuries.

Why Michelle Acosta Law

Rideshare cases require a lawyer who understands the insurance layers, knows the applicable statutes, and is prepared to fight multiple insurance companies simultaneously. I am a trial lawyer — Gerry Spence Method trained, Super Lawyers Rising Star in 2025 and 2026, selected to the National Trial Lawyers Top 100 in Civil Litigation. Before opening my own firm, I served as General Counsel overseeing 1,800 employees across 15 states. I know how corporations structure their defenses, and I know how to break through them.

I am also bilingual — raised across Latin America and Asia, fluent in Spanish. Houston's Hispanic community deserves a lawyer who communicates directly. No interpreters. No barriers.

If you have been injured in an Uber or Lyft accident in Houston, call me at (713) 933-3300 or request a free consultation. There is no fee unless we win your case.