Is Uber Liable for Accidents Caused by Its Drivers in Texas?

Key Points

• Uber is generally not directly liable as an employer because its drivers are classified as independent contractors under Texas law, which shields the company from automatic vicarious liability.
• Even without direct liability, Uber’s commercial insurance policy provides up to $1,000,000 in liability coverage during active trips, which can compensate seriously injured victims.
• Uber’s $1 million commercial insurance policy covers bodily injuries and property damage when the driver is actively transporting a passenger or has accepted a ride request.
• If an Uber driver is not logged into the app at the time of the accident, the driver’s personal insurance is the primary coverage.
• Texas law requires Uber drivers to have higher levels of liability coverage when the app is on and they are waiting for a ride request.
• Which insurance pays depends entirely on the driver’s status at the time of the accident: app off (personal policy only), app on and waiting (contingent coverage), or actively transporting a passenger (full commercial coverage).
• Uber does not offer Uninsured Motorist Coverage in Texas.
• Texas follows a modified comparative fault system, meaning you can recover damages if you are not more than 50% responsible for the crash. If you were a passenger, comparative fault should not be an issue.
• Baumgartner Law Firm in Houston focuses on catastrophic injury and wrongful death Uber crashes statewide, working on a contingency fee basis with free consultations for seriously injured victims.

How Uber Liability Works in Texas

When you’re injured in an accident with an Uber driver, one question many people ask is whether Uber is responsible or just the driver. Under Texas law, Uber drivers are treated as independent contractors rather than employees. This legal classification generally shields Uber from automatic employer liability under the doctrine of respondeat superior.

This differs from a traditional employment relationship, in which an employer can be held liable for an employee’s negligence while on the job. Because of the Texas law designating Uber drivers as independent contractors, this automatic legal responsibility does not apply.

In exchange for the independent contractor classification approved by leaders in Texas, Texas Transportation Code Chapter 240,2 requires Uber to require its drivers to carry insurance to protect victims.

In rare circumstances, Uber can face direct liability. These situations may include negligent hiring practices, inadequate driver safety screenings, or failure to comply with Texas insurance and background check requirements.

Understanding Uber Accidents in Texas

An Uber accident in Texas may involve a collision involving the Uber driver. An Uber accident in Texas is any crash involving an Uber driver operating on the Uber platform. Accidents may involve passengers, other vehicle occupants, pedestrians, bicyclists, or other road users.

Car accidents involving Uber present unique insurance coverage and legal considerations, as insurance coverage and liability may depend on the driver’s app status and the specific circumstances of the incident.

With rideshare growth across Houston, Dallas–Fort Worth, Austin, San Antonio, and other Texas cities, serious injury and fatal Uber crashes have become increasingly common. Major metropolitan areas such as Houston, Dallas, San Antonio, and Austin are seeing more accidents involving Uber, partly due to its popularity and convenience.

What makes rideshare accidents distinct from standard car crashes involves several factors:

• The active use of the Uber app at the time of impact
• Multi-layered insurance coverage (personal and commercial policies)
• Questions about the driver’s status during different phases of operation
• Sophisticated corporate insurers with significant resources

Baumgartner Law Firm focuses on severe injury cases arising from Uber and other motor vehicle collisions, including traumatic brain injury, spinal cord injury, and wrongful death claims. These complex cases require thorough investigation and an understanding of how rideshare insurance structures operate in Texas.

Determining Who Is Liable in a Texas Uber Accident

Determining liability in a Texas Uber accident is fact-specific and often involves multiple parties who may share legal responsibility under Texas negligence law.

The main potentially liable parties typically include:

Texas follows a modified comparative fault system. An injured person can recover damages so long as they are not more than 50% at fault for the accident. The victim’s percentage of fault reduces the amount of any recovery. If you are found 20% responsible for a crash, your compensation is reduced by 20%.

Proving liability requires evidence. Key evidence sources include:

• The Texas Peace Officer’s Crash Report
• App data showing the driver’s status at impact
• Witness statements from bystanders and other drivers
• Dashcam or surveillance footage
• Vehicle black box data and electronic control module information
• Phone records showing potential distraction

Baumgartner Law Firm works quickly to secure and analyze evidence through thorough investigation, establish fault, and identify all available insurance policies for seriously injured clients.

How Uber’s Insurance Coverage Works in Texas

Uber’s liability in Texas largely depends on its tiered insurance structure, which is based solely on the driver’s status in the Uber or Lyft app at the time of the crash. Uber’s insurance coverage is tiered and changes based on whether the driver is logged into the app, waiting for a ride request, or actively transporting a passenger.

Texas law requires Uber drivers to carry insurance at all times. The required coverage increases significantly when drivers are logged into the app and either waiting for a ride request or transporting a passenger.

Personal auto policies typically exclude commercial use of a vehicle. When a driver is working for Uber, their personal policy may deny coverage, making Uber’s insurance essential in many Texas rideshare accident claims.

In catastrophic injury and wrongful death cases that Baumgartner Law Firm handles, understanding which insurer provides primary coverage and which provides excess or contingent coverage can mean the difference between inadequate compensation and full recovery. The insurance analysis breaks down into distinct phases based on the driver’s status.

Phase 0 – Uber App Off (Personal Use)

When an Uber driver is completely offline—driving for personal reasons with the Uber app closed—Uber’s insurance does not apply. In this phase, only the driver’s personal auto insurance applies. The driver’s personal policy is the sole source of compensation for injured parties when the app is off.

Texas requires drivers to carry minimum liability limits of:

• $30,000 for bodily injury per person
• $60,000 for bodily injury per accident and $25,000 for property damage

For serious injuries such as spinal cord damage or fatal crashes, these minimum limits are woefully inadequate. A single hospitalization for a severe injury can exceed $30,000 in costs. Limited liability insurance can severely limit compensation unless other policies or additional defendants are in place.

Determining whether the driver’s personal insurance applies requires examining whether the app was truly off at the time of impact. This may require obtaining app records and phone data, which an Uber accident lawyer can pursue through litigation if disputed liability exists.

Consider a Houston family struck by an off-duty Uber driver heading home after a shift. In such a situation, only the driver’s personal policy responds, potentially leaving catastrophic injuries significantly undercompensated.

Phase 1 – App On, Waiting for a Ride Request

When a rideshare driver is logged into the Uber app and available to accept trips but has not yet received a ride request, a different layer of coverage applies. This waiting period creates a transitional insurance phase.

Under Texas law and Uber’s policy structure, the driver’s personal insurance remains primary during this phase. However, Uber provides contingent liability coverage if the driver’s personal policy denies the claim or provides insufficient limits.

The typical contingent limits during this phase include:

• $50,000 per person for bodily injury
• $100,000 per accident for bodily injury
• $25,000 for property damage

Disputes frequently arise in this phase because some personal auto insurers disclaim coverage for commercial activities. At the same time, Uber’s insurer may argue that the driver’s personal policy should pay first. Injured parties can become trapped between insurance companies pointing fingers at each other.

Baumgartner Law Firm’s dedicated team works to force the appropriate insurers to accept responsibility, ensuring that seriously injured clients are not caught in this coverage gap.

Phase 2 & 3 – Ride Accepted Through Passenger Drop-Off

Once a driver accepts a ride request and is en route to pick up the passenger, and continues actively transporting that passenger until drop-off, Uber’s commercial insurance policy provides the highest level of coverage.

During these phases, Uber typically provides:

• Up to $1,000,000 in liability coverage per accident for bodily injury and property damage
• Comprehensive coverage and collision coverage (contingent on the driver maintaining similar personal coverage).

For catastrophic injury and wrongful death cases, accessing the full Uber policy limits can make the difference between partial recovery and life-changing compensation that covers future medical expenses, lost wages, and long-term care needs.

Consider this situation: A rideshare passenger in Houston suffers a head injury when their Uber is rear-ended on I-45 by a distracted driver. In this case, if the Uber driver were not at fault, the other driver’s insurance would be responsible for the damages.

Is Uber Itself Legally Liable, or Only Its Insurance Policy?

Because Uber classifies its Texas drivers as independent contractors, the company typically argues it is not vicariously liable under traditional employer-employee rules. This legal position has been largely upheld in Texas courts, allowing Uber to avoid often being named as a direct defendant in negligence lawsuits.

However, plaintiffs’ lawyers may still pursue claims directly against Uber in limited circumstances:

• Negligent hiring or inadequate background screening of drivers
• Failure to implement reasonable safety policies
• Non-compliance with Texas Transportation Code Chapter 2402 requirements
• Retention of drivers with known dangerous histories

In practical terms, most seriously injured victims are made whole by pursuing the full value of Uber’s insurance coverage, even when Uber is not named as the primary defendant. The insurance policy provides substantial compensation, and accessing those funds does not require proving Uber’s direct corporate negligence.

Baumgartner Law Firm evaluates every serious case to determine whether to pursue only insurance proceeds or also explore direct claims against Uber or related entities. In wrongful death and catastrophic injury cases, leaving any potential recovery source unexplored is not an option.

Who Can Be Held Responsible After a Texas Uber Accident?

More than one party can share legal responsibility in a Texas Uber crash, especially in high-speed collisions on Houston freeways or rural Texas highways. A thorough investigation identifies all potentially liable parties and available insurance policies.

The Uber Driver

The rideshare driver is frequently the primary defendant when speeding, distraction, fatigue, or intoxication contributed to the collision. Even though Uber’s insurance pays the claim, the legal theory holds the driver responsible for negligent conduct.

Other Drivers

Other drivers involved in multi-vehicle crashes may be held responsible. A texting driver who rear-ends an Uber, or a drunk driver who crosses the center line, will have their own liability coverage that coordinates with or substitutes for Uber’s coverage, depending on fault allocation.

Businesses and Third Parties

In some cases, businesses can be held legally responsible:

• Bars and restaurants may face dram shop liability for serving visibly intoxicated patrons who then cause crashes
• Employers may be liable if a commercial driver causes the accident
• Vehicle manufacturers may bear responsibility in product defect cases involving tire failures, brake defects, or other mechanical issues

Baumgartner Law Firm investigates every angle in severe injury and wrongful death cases—driver history, employer relationships, bar receipts, product recalls—to locate all liable parties and maximize recovery for injured clients.

Gathering Information After an Uber Accident in Texas

It is always important to gather as much information as possible after an accident. The more information that you gather at the scene, the better. We recommend that you document everything that you can. Take photographs of the scene and the vehicles. Take a picture of each driver’s license and the property damage of both vehicles. Always ask witnesses for their contact information, as it is a mistake to hope that the police officer will include them in their report.

It’s essential to obtain the Uber driver’s personal auto insurance details, as well as information about their status at the time of the accident—whether they were logged into the Uber app, waiting for a ride, or actively transporting a passenger. This information will play a key role in determining which liability coverage applies and how your insurance claim will proceed.

We recommend that you always seek medical attention after an accident. The sooner you see a doctor, the better for your health and your case. Insurance companies routinely try to disallow medical expenses, claiming they were too remote or unrelated. Seeing a doctor promptly after the accident can close off avenues of attack by the adjuster.

If you do not have the information from the scene, don’t worry. An experienced attorney can investigate the accident and take steps to build a strong case on your behalf.

Investigating the Accident: How Fault Is Determined

Determining fault after a car accident involving an Uber driver is the same as any other car accident. The question is who was at fault and why? The burden of proof falls upon the injured victim to prove that someone else caused the accident and their injuries. Investigations are directed at proving a strong case on your behalf.

Steps to Take After an Uber Accident in Texas

Actions taken in the hours and days following an Uber crash can significantly affect a future Texas personal injury claim. Protecting your rights starts immediately at the accident scene.

Immediate Steps:

1. Call 911 and request emergency services
2. Seek medical attention for any injuries, even those that seem minor
3. Do not refuse ambulance transport if you have visible injuries or potential internal trauma
4. Photograph the accident scene, vehicle damage, and any visible injuries
5. Collect contact information from all drivers and witnesses

Documentation Steps:

1. Save your Uber trip information within the app before it becomes inaccessible
2. Obtain the Texas Peace Officer’s Crash Report (this is separate from any Uber app report)
3. Keep records of all medical records, medical bills, and treatment
4. Document lost wages and inability to work

Communication Steps:

1. Report the crash to Uber through the app
2. Notify your own insurance company of the accident
3. Avoid providing detailed recorded statements to any insurance companies before consulting with counsel
4. Do not accept quick settlement offers that may undervalue your claim

Seriously injured victims or grieving families should contact Baumgartner Law Firm as soon as possible after an accident in Texas. Evidence such as vehicle data, surveillance footage, and app logs can be lost or overwritten quickly, and early preservation of this information is critical for gathering evidence to support your claim.

Compensation Available in Serious Texas Uber Accident Cases

Compensation in an Uber crash depends on injury severity, available insurance limits, and the apportionment of liability under Texas comparative fault rules. Seriously injured parties may recover across multiple damage categories.

Economic Damages:

Non-Economic Damages:

Wrongful Death Claims:

For families who lose a loved one in an Uber accident, Texas law permits wrongful death and survival claims. These may include:

• Loss of companionship and support
• Mental anguish
• Loss of inheritance
• Funeral and burial expenses
• The decedent’s pain and suffering before death (survival claim)
• Loss of parental guidance for minor children

Punitive Damages:

In cases involving gross negligence—such as drunk driving, punitive (exemplary) damages may be available. These damages punish grossly negligent conduct and deter similar behavior.

Baumgartner Law Firm focuses on maximizing compensation for catastrophic injury and wrongful death cases involving Uber. The firm’s policy of taking fewer, more serious cases ensures individualized attention and aggressive pursuit of the compensation you deserve.

Why Legal Help Matters After an Uber Crash

Rideshare collisions are not “do it yourself” claims, especially when injuries are serious or permanent. The legal process for Uber accident claims requires specialized knowledge and resources.

An experienced Texas Uber accident lawyer provides critical assistance:

• Gathering evidence before it disappears or is overwritten
• Interpreting Uber’s policy language and coverage triggers
• Managing competing insurers who blame each other to avoid payment
• Calculating full damages, including future medical expenses and lost earning capacity
• Negotiating with sophisticated corporate defense teams
• Taking cases to trial when fair settlements are refused

Baumgartner Law Firm has represented seriously injured Texans since 1985. The firm works solely on a contingency fee basis. Clients pay no attorney’s fee unless there is a recovery.

The firm regularly handles cases across Texas for victims of trucking, car, and rideshare crashes involving brain injuries, spinal cord damage, and other life-changing injuries. Whether the accident occurred in Houston, Dallas, San Antonio, Austin, or rural Texas highways, Baumgartner Law Firm has the resources to pursue full compensation.

Contact Baumgartner Law Firm for a free consultation to review your potential Uber claim and understand your options for recovery.

Texas Deadlines and Special Considerations for Uber Accident Claims

Time limits and technical rules can bar otherwise valid claims if accident victims wait too long. Understanding these deadlines is essential for protecting your rights.

Statute of Limitations:

In most Texas personal injury and wrongful death cases, including Uber crashes, the statute of limitations is two years from the date of the accident. Missing this deadline can mean losing your right to pursue compensation entirely.

Evidence Preservation:

Getting vital evidence is an important consideration, and the sooner you hire an attorney to help you document the accident and prove your case, the better.

Special Circumstances:

Certain situations involve additional notice requirements and specialized rules:

• Claims involving minors may toll the statute of limitations until the child reaches adulthood
• Accidents involving government entities (such as a city bus) require formal notice within specific timeframes, often as short as 6 months.
• Hit-and-run accidents may require claiming under your auto policy to qualify for UM/UIM coverage

Baumgartner Law Firm evaluates these deadlines and special issues at the outset of any serious Uber accident case. The firm moves quickly to protect clients’ rights and preserve every avenue for recovery.

Frequently Asked Questions About Uber Liability in Texas

Can I sue Uber directly after an accident in Texas?

In most Texas cases, victims proceed primarily against the Uber driver and available insurance policies rather than naming Uber as a corporate defendant.

What if an uninsured driver hits the Uber I am riding in?

If the Uber driver is not at fault, the situation will be difficult for the injured victim. Contrary to popular belief, Uber does not provide Uninsured Motorist coverage for passengers in Texas. In this situation, reviewing your own auto policy may be needed to determine whether Uninsured Motorist Coverage applies.

Baumgartner Law Firm conducts insurance coverage analysis for clients as part of comprehensive insurance claims.

Does it matter if I was a passenger or another driver in an Uber accident?

Your status—Uber passenger, occupant of another vehicle, pedestrian, or bicyclist- does not prevent you from making a claim. Still, it significantly affects which insurance policies respond and in what amounts.

Uber passengers in an active trip often have direct access to the higher $1,000,000 liability and UM/UIM limits. Other drivers struck by an Uber may be limited to coverage applicable to the at-fault party’s phase status, which could be substantially less if the Uber driver was merely waiting for a ride request.

A detailed liability and coverage analysis is essential in serious injury cases, regardless of your role in the crash. Different parties may face different coverage scenarios for the same accident.

What if my damages exceed the Uber policy limits?

In severe cases such as traumatic brain injury, spinal cord damage, or quadriplegia, a victim’s losses may exceed even a $1,000,000 policy. Lifetime medical care, lost earning capacity, and pain and suffering can easily surpass seven figures.

When policy limits are insufficient, an experienced rideshare accident lawyer will search for additional coverage sources:

• Liability policies from other negligent drivers
• Employer policies if commercial vehicles were involved
• Product liability claims against vehicle or component manufacturers
• The victim’s own UM/UIM policies

Baumgartner Law Firm focuses on high-value, complex cases and works diligently to identify every possible source of recovery for seriously injured clients.

How much does it cost to hire Baumgartner Law Firm for an Uber accident case?

Baumgartner Law Firm works on a no-win, no-fee basis. Meaning that unless we get money for you, we don’t get paid. Our fees range from one-third if we can settle your case without litigation, up to 40% if a lawsuit is required to get you the compensation you deserve.

If you or a family member suffered serious injuries or wrongful death in an Uber accident anywhere in Texas, contact Baumgartner Law Firm to discuss your rights and options. Call today for your free consultation and take the first step toward securing the compensation you deserve.

Baumgartner Law Firm

6711 Cypress Creek Pkwy, Houston, TX, 77069

(281) 587-1111