El Paso Rideshare Accident Attorney

Protecting Your Rights & Fighting for Your Compensation

If you’ve been in an accident involving a rideshare driver or vehicle, you may be eligible for compensation. If you’re up against an Uber or Lyft driver, you need to contact an aggressive El Paso rideshare accident attorney.

When a passenger steps into an Uber or Lyft vehicle, they put their safety in the hands of a stranger. Unfortunately, these drivers are motivated by money, and frequently engage in careless and dangerous driving behaviors just to cycle through as many passengers as possible. If you’re injured in an accident caused by a cab driver, Harmonson Law Firm has helped countless Texas residents successfully recover damages for their injuries. 

We’re available 24/7! Contact our El Paso rideshare accident attorney at (915) 233-6427 to explore your legal options.

Rideshare Laws in Texas

​In Texas, rideshare driving is regulated under the Transportation Network Companies (TNC) Act, which sets forth specific requirements for both drivers and the companies they operate for.

Driver Requirements:

• Age and Licensing: Drivers must be at least 18 years old and maintain a valid driver's license issued by Texas or another state.
• Background Checks: TNCs are mandated to conduct criminal and driving history checks on all drivers at the time of hire and annually thereafter.
• Vehicle Standards: Vehicles used for ridesharing must have four doors and seat no more than eight people, including the driver.
• Insurance Coverage: Drivers are required to maintain personal auto insurance that meets state minimums. Additionally, TNCs provide contingent liability insurance during periods when the driver is logged into the digital network but has not yet accepted a ride request, and when transporting passengers.
• Driver Conduct: Drivers must adhere to all traffic laws, maintain safe driving practices, and refrain from behaviors that could endanger passengers or others on the road.

Company Responsibilities:

• Background Checks: TNCs are required to perform criminal history and driving record checks on all drivers at the time of hire and annually. ​
• Drug and Alcohol Policies: TNCs must enforce policies prohibiting drivers from operating under the influence of alcohol or drugs while logged into the digital network. They are also required to provide passengers with a means to report suspected violations. 
• Non-Discrimination: Companies are prohibited from discriminating against passengers based on race, religion, gender, disability, or other protected characteristics. They must also ensure that services are accessible to individuals with physical disabilities without imposing additional charges. 

It's important to note that while the TNC Act establishes these standards, individual rideshare companies like Uber and Lyft may implement additional requirements. For example, Lyft sets a minimum age of 25 for its drivers, which is higher than the state requirement.

Understanding Your Rights as a Rideshare Passenger in TX

In Texas, liability in an Uber or Lyft accident depends on the driver's status at the time of the crash. The law considers different circumstances based on whether the driver is logged off, logged on but hasn't accepted a ride, or has accepted a ride. Here’s a breakdown of what typically happens in each situation:

When the Driver is Logged Off (Not Using the App)

If the driver is not logged into the app, they are simply acting as a regular driver on the road. In this scenario, Uber and Lyft are not responsible for the actions of the driver. Liability for the accident would typically fall on the driver, just like any other personal car accident.

The driver’s personal auto insurance would be responsible for covering damages, assuming they have appropriate coverage. If a passenger is in the car, Uber or Lyft’s insurance generally won’t apply, and the injured parties would need to seek compensation from the driver’s personal insurance or through their own insurance.

When the Driver is Logged On but Hasn’t Accepted a Ride

If the driver is logged into the app but hasn't accepted a ride, they are still technically "on duty" in the eyes of Uber and Lyft, but they are not yet transporting a passenger. In this phase, the driver is available to receive a ride request but is not actively driving a passenger.

In this situation, Uber or Lyft’s insurance coverage generally comes into play. Texas law requires rideshare companies to have insurance that covers drivers in this “period 1” status.

• Uber and Lyft Liability: Both companies offer liability coverage (usually up to $50,000 per person for injuries, $100,000 per accident, and $25,000 for property damage) while the driver is logged on but hasn't accepted a ride.
• Driver’s Personal Insurance: If the driver’s personal insurance covers the situation, that policy might also come into play. However, some personal auto policies exclude coverage when the driver is using the vehicle for rideshare purposes, so the rideshare company's insurance would likely be the primary coverage.

When the Driver Has Accepted a Ride or is Transporting a Passenger

This is when the driver is actively involved in a rideshare trip, either on the way to pick up a passenger or taking the passenger to their destination.

When a driver has accepted a ride or is transporting a passenger, Uber and Lyft’s insurance coverage is in full effect. Texas law requires the rideshare companies to provide liability coverage for accidents that occur during this period.

• Uber and Lyft Insurance: Both companies generally provide a higher level of coverage when the driver is en route to pick up or transporting a passenger. This can include:
  • $1 million in liability coverage for bodily injury and property damage.
  • Additional coverage for uninsured or underinsured motorists, in case the at-fault party lacks adequate insurance.
• Driver's Insurance: In this case, the driver's personal insurance may also come into play, but the rideshare company's coverage is usually primary.

Next Steps If You’ve Been in a Rideshare Accident in El Paso, TX

What should you do next if you’ve been in a Uber or Lyft accident? If you’ve been injured, you should see a medical professional to be examined, and make sure to keep close track of all medical reports and records.

After rideshare accidents, common injuries include:

Whatever the severity of your injuries, know that you have a limited time frame to file a personal injury claim. If you’re at a loss about what to do next, you don’t have to face the road ahead alone. Our El Paso rideshare accident lawyers are always on-call and available to talk through your specific situation. 

Pursuing Damages After an Accident

It’s not unusual for a passenger to suffer severe and even catastrophic injuries after a car accident. By holding a Uber or Lyft driver and rideshare company responsible for your injuries, you can collect compensation and protect other passengers from being injured in the future.

Depending on the circumstances of your injury, you may be awarded the following damages:

In many cases, accident liability can be shared between multiple parties. It’s important to retain the services of an experienced attorney who can help you navigate this complicated process. With our guidance, you can recover damages that facilitate your physical and financial recovery.

Schedule a Free Consultation with Our El Paso Rideshare Accident Lawyer

At Harmonson Law Firm, we provide knowledgeable guidance and personalized legal services to the residents of Texas. We understand that it can be challenging to pursue compensation while you’re simultaneously healing from an injury. For this reason, our El Paso rideshare accident attorney takes great care in handling any legal matters associated with your case, particularly when it comes to dealing with cunning insurance companies and corporate legal teams. While you’re focusing on your recovery, we can negotiate on your behalf and secure a beneficial settlement or verdict that meets your financial and legal needs.

Our rideshare accident attorney in El Paso has been fighting for the rights of hundreds of clients over the past 13 years. We ensure that each client is treated with the utmost care and courtesy. We will walk with you through the often chaotic aftermath of a personal injury accident. 

Call us today at (915) 233-6427 to speak with our proficient ride share accident lawyer in El Paso.