A rideshare accident can leave you injured, confused, and unsure of your next move. Whether you were a passenger, a driver, or someone struck by a rideshare vehicle, figuring out how to recover compensation is not as straightforward as in a typical car crash. A rideshare accident lawsuit involves multiple insurance layers, corporate policies, and complex liability rules that can quickly become overwhelming without the proper guidance.
At the Kolodny Law Firm, PLLC, we help injured Texans cut through the confusion. Our team is here to take the pressure off your shoulders and guide you through every step of the rideshare accident lawsuit process in Texas. From investigating the crash and identifying liable parties to negotiating with powerful insurers and preparing for trial, we’re committed to protecting your rights and pursuing the compensation you deserve.
In this guide, we’ll explain how to file a rideshare accident lawsuit in Texas, what to expect at each stage, and why working with an experienced legal team can make all the difference.
Rideshare Accident Lawsuit Process in Texas
If you’re considering legal action after a rideshare accident, it helps to understand what lies ahead. Below is a step-by-step guide to help you navigate the rideshare accident lawsuit process with clarity and confidence.
Step 1: Prioritize Safety and Medical Care
Your first step after any accident is to call 911 to report the accident. When the paramedics arrive, it’s imperative to seek medical attention. Even if you don’t feel hurt, getting checked out is essential. Some injuries, like whiplash or internal bleeding, may not show symptoms right away.
Prompt medical treatment also records your injuries and vital evidence if you later file a lawsuit.
Step 2: Report the Accident
Texas law requires a police officer to file a report about any car accident that results in injury, death, or property damage over $1,000. If you’re involved in a rideshare crash, ask for the police report. It will become key evidence in your case.
You should also notify the rideshare company through their app. Uber and Lyft have internal accident reporting tools, and failing to use them may affect your ability to file a claim.
Step 3: Gather Evidence
The next step is to document as much as possible from the accident scene. If you’re physically able, collect:
- Photos of vehicle damage, injuries, and the surrounding area;
- Names and contact info for all drivers and passengers involved;
- Witness information; and
- Insurance information from all parties.
Also, take screenshots of your rideshare app confirming the trip, pick-up/drop-off locations, and driver’s profile. This information helps establish that you were an active rideshare passenger at the time of the crash.
Step 4: Speak with a Texas Rideshare Accident Attorney
Before speaking with any insurance companies, it’s wise to consult an attorney. At the Kolodny Law Firm, we offer free consultations to assess your case. We help you understand how to file a rideshare accident lawsuit in Texas, identify all possible sources of compensation, and begin protecting your rights from day one.
Step 5: Determine Liability
In any rideshare accident lawsuit, the first legal question is: who is at fault? In Texas, liability can rest with one or more of the following:
- The rideshare driver,
- Another driver on the road,
- The rideshare company (under certain conditions),
- A government entity (if poor road conditions or traffic signals contributed), or
- A third party (like a manufacturer in cases of vehicle defect).
Texas follows a modified comparative fault rule. Each party is liable for their portion of the fault. If you’re partially at fault, your recovery may be reduced by your percentage of blame. You may be barred from recovery if you are more than 50% at fault.
Step 6: Identify the Insurance Coverage Available
In a typical Texas car accident, you deal with one driver’s personal insurance policy. But in rideshare cases, multiple policies may come into play:
- The rideshare driver’s personal auto policy,
- Uber or Lyft’s commercial liability policy, and
- Your own uninsured/underinsured (UM/UIM) coverage.
The amount and source of coverage depend on whether the rideshare driver was logged into the app and whether they were engaged in a ride at the time of the accident.
Your attorney will help navigate these layers and determine which policies apply based on the timing of the crash.
Step 7: File a Lawsuit
Once liability is established and insurance coverage identified, your attorney will file a claim with all appropriate insurance companies. Keep in mind that insurance companies often try to settle quickly for less than what your claim is worth. Your legal team can push back and pursue fair compensation.
If negotiations don’t result in a fair settlement, the next step is filing a rideshare accident lawsuit in Texas. Many cases settle during or shortly after discovery. However, the Kolodny Law Firm prepares every case as if it will go to trial because we know that strong preparation leads to better results.
Step 8: Understand the Statute of Limitations
It’s imperative to file your case before the statute of limitations expires, regardless of the negotiation stage. This deadline is the time you have to file a personal injury claim. In Texas, you generally have two years from the date of the accident to file a claim.
You are generally barred from bringing your case if you miss this deadline. Delaying can also hurt your claim by weakening evidence and fading witness memories.
Speak with a Houston Rideshare Accident Attorney
Filing a rideshare accident lawsuit in Texas can be overwhelming, but you don’t have to go it alone. At the Kolodny Law Firm, PLLC, we’ve helped countless injured Texans take on insurance companies and recover the compensation they deserve.
Our attorneys understand the unique challenges of rideshare cases and are prepared to fight for your best outcome. We work on a contingency fee basis, so you pay nothing unless we win your case.
Contact the Kolodny Law Firm today to schedule your free case evaluation.
Resources
Alan Kolodny is committed to representing injured clients in Texas and throughout the United States. Alan earned his B.A. from Rice University and his J.D. from Southern Methodist University.
He focuses his practice on representing plaintiffs in personal injury cases involving the following matters: maritime and offshore accidents, including those under the Jones Act; automobile and 18-wheeler truck accidents; and industrial site accidents, work-related accidents, and claims for injured railroad workers under the Federal Employers’ Liability Act.
Loading...