A collision involving an Uber or Lyft is fundamentally different from a standard two-car accident. This is because you are up against multi-billion dollar technology corporations and their aggressive legal teams. These companies have designed a complicated system of insurance policies that shield them from responsibility, leaving injured people confused and uncompensated.
When you are hurt in a rideshare vehicle or hit by one, you are forced to figure out a confusing web of insurance policies that change based on whether the driver's app was "off," "on," or "active" with a passenger. It is common to find yourself caught between multiple insurance adjusters, all pointing fingers at each other, each denying your claim.
This is precisely where a dedicated Houston rideshare accident lawyer makes a difference. At Calderon Law Firm, we cut through the corporate red tape to determine exactly which insurance policy applies to your injuries. We are built to handle these difficult cases so you can focus on healing.
If you have questions about your specific crash and need clear answers, call us for a free consultation at 346-999-5673.
Why Choose Calderon Law Firm to Handle Your Rideshare Claim?
We are not a massive, impersonal billboard firm that treats you like a case number. Calderon Law Firm is a high-touch, results-oriented boutique practice based in Bellaire.
Our entire model is built on providing a higher quality of representation, not a higher volume of cases. When we accept a case, it’s because we believe we will win it and deliver the best possible outcome for you and your family.
Meet Our Founder, Jose M. Calderon
Our firm is led by founder and trial attorney Jose M. Calderon, a Houston native and the first-generation son of Mexican immigrants. His deep roots in the community shape our commitment to serving its people. He earned his history degree from The University of Texas, where he was a member of the Phi Alpha Theta honor society, and received his law degree from South Texas College of Law Houston on a Dean’s Merit Scholarship.
He is a trial lawyer at his core. This means he prepares every case as if it will be presented to a jury, a strategy that pressures insurance companies to offer fair settlements. His comfort in the courtroom is demonstrated by his experience arguing before the Texas Tenth Court of Appeals, a rare honor that underscores his capability in both trial and appellate advocacy.
Recognized for Excellence
Jose Calderon’s dedication has earned him significant early-career recognition from his peers, a testament to his skill in high-stakes injury law. These accolades include:
- The National Trial Lawyers’ “Top 40 Under 40”: Mr. Calderon was named to this selective list by just his second year of practice.
- Texas Super Lawyers Rising Stars: He has been selected to this list every year since 2020, an honor given to fewer than 2.5% of attorneys in the state.
Our Client Service Guarantee
We built our firm to do things differently. Here is what you can expect from us:
- Direct Attorney Access: You will have direct contact with your attorney, including the ability to send text messages with questions and receive quick responses.
- Hablemos Español: As a fluent Spanish speaker, Jose Calderon ensures our firm effectively serves Houston’s diverse communities.
- No Win, No Fee: We handle cases on a contingency fee basis. This means you pay absolutely nothing unless we secure a financial recovery for you.
Strategically Located to Serve You
Our office is conveniently located at 6750 West Loop South in Bellaire, situated right off the 610 Loop near the US-59 interchange. This makes us easily accessible to clients across the Houston area, including The Galleria, Meyerland, and the Texas Medical Center.
Understanding Compensation in Rideshare Accident Cases
The primary goal of a personal injury claim is to secure financial compensation that makes you whole again, which is why working with an experienced personal injury lawyer is critical to accounting for every present and future loss caused by the accident.
The law allows you to pursue several categories of damages to cover these costs.
Economic Damages (Tangible Costs)
These are the straightforward, calculable expenses tied directly to your injuries. We meticulously document these costs to build a strong foundation for your claim:
- Past and Future Medical Bills: This includes everything from the initial ambulance ride and emergency room visit to surgeries, hospital stays, physical therapy, and prescription medications.
- Lost Wages: If you missed work while recovering, we seek compensation for that lost income.
- Loss of Future Earning Capacity: If your injuries are severe enough to prevent you from returning to your previous job or working at the same capacity, we will pursue damages for that diminished future income.
- Out-of-Pocket Expenses: This covers smaller costs like crutches, assistive devices, and transportation to your doctor’s appointments.
Non-Economic Damages (Intangible Losses)
Not all harm is measured by a receipt. These damages compensate you for the human cost of the accident:
- Physical Pain and Suffering: Compensation for the physical discomfort you have endured and may continue to endure.
- Mental Anguish: This addresses the emotional distress, anxiety, or PTSD that follows a traumatic crash.
- Physical Impairment or Disfigurement: If the accident caused scarring, amputation, or a permanent loss of function, you are entitled to compensation for that loss.
- Loss of Consortium: This applies to the negative impact the injury has had on your relationship with your spouse and family.
The Role of Comparative Fault in Texas
Texas follows a legal doctrine known as Modified Comparative Negligence, sometimes called the 51% bar rule. Under Texas Civil Practice and Remedies Code § 33.001, you may recover damages as long as you are not found to be 51% or more at fault for the accident. However, your final compensation award is reduced by your percentage of fault.
In rideshare cases, insurance companies may try to shift blame to passengers or other drivers to reduce what they have to pay. Our job is to ensure fault is assigned fairly.
Where Rideshare Accidents Frequently Occur in Houston
Houston is a sprawling, commuter-heavy city known for its aggressive driving culture and congested infrastructure. Rideshare drivers, who frequently rely on GPS and may be unfamiliar with certain neighborhoods, are prone to errors in high-stress traffic zones.
High-Risk Corridors for Uber and Lyft Crashes
While an accident may happen anywhere, data and experience show certain areas are hotspots for collisions:
- The 610 Loop & US-59 Interchange: This major interchange, located near our Bellaire office, is one of the most notoriously difficult and dangerous in all of Texas. The high volume of merging traffic creates a constant risk.
- The Galleria Area: A high concentration of rideshare pickups and drop-offs in a busy commercial district leads to a significant number of sideswipes, lane-change accidents, and pedestrian incidents.
- Washington Avenue & Midtown: These popular entertainment districts see a surge in rideshare activity late at night, a time that coincides with fatigued drivers and an increased presence of impaired drivers on the road.
- I-45 North and South: As one of the deadliest highways in the country, I-45 sees many high-speed collisions, including those involving airport transfers to IAH and Hobby.
Local Contributing Factors
The unique environment in Houston also plays a role:
- Constant Construction: Seemingly endless road work, confusing detours, and sudden lane shifts easily lead to accidents for drivers navigating with a GPS.
- Unpredictable Weather: Houston's sudden, intense downpours cause hydroplaning, a situation that less experienced rideshare drivers may not be equipped to handle safely.
- Nighttime Driving: A large percentage of rideshare business occurs after dark when visibility is reduced, increasing the risk of a serious collision.
Navigating the Unique Legal Landscape of Rideshare Accidents
Rideshare accident claims are not like standard car wreck cases, and a car accident lawyer can be critical because the amount of available insurance coverage depends entirely on the driver’s status on the Uber or Lyft app at the precise moment of impact.
The Core Legal Concept: The Periods of Coverage
Texas law specifies insurance requirements for Transportation Network Companies (TNCs), which are broken into distinct phases:
- Period 0 (App Off): The driver is not logged into the app. In this situation, they are considered a regular driver, and only their personal auto insurance policy applies. However, these personal policies almost always contain a commercial use exclusion, which leads to a denial of your Uber and Lyft claim.
- Period 1 (App On, Waiting for Ride): The driver is logged in and waiting for a ride request. If their personal insurance denies the claim, Texas law requires Uber and Lyft to provide limited liability coverage. This is typically $50,000 per person for bodily injury, $100,000 total per incident, and $25,000 for property damage.
- Periods 2 & 3 (Ride Accepted/Passenger in Car): From the moment a driver accepts a ride until the passenger exits the vehicle, the full commercial insurance policy is active. Both Uber and Lyft carry $1 million in liability and uninsured/underinsured motorist coverage for this period. This is the policy that would cover you as a passenger or as another motorist hit by an active rideshare driver.
Types of Injuries We Handle
We represent clients who have suffered serious injuries in rideshare accidents, including:
- Traumatic Brain Injuries (TBI): These range from concussions to severe injuries with lasting cognitive and physical effects.
- Spinal Cord Injuries and Whiplash: The forceful motion in a collision causes serious damage to the neck and back.
- Fractures and Orthopedic Injuries: Broken bones frequently require surgery, plates, and screws, leading to long recovery times and high medical bills.
The Statute of Limitations in Texas
Do not wait to seek legal advice. In Texas, you generally have two years from the date of the injury to file a personal injury lawsuit. This deadline is established by Texas Civil Practice and Remedies Code § 16.003.
While two years may seem like a long time, evidence disappears quickly. App data, dashcam footage, and witness memories fade, making it harder to prove which period the driver was in and who is responsible for your injuries.
Dealing with Insurance: The Conflict of Interest
Insurance companies, whether it is the driver's personal provider or a corporate giant like Progressive or Allstate that insures Uber, are for-profit businesses. Their financial incentive is to pay out as little as possible on claims to protect their bottom line.
The Gap Trap in Coverage
A frequent problem in rideshare cases is the coverage gap. Here’s what happens:
- The driver’s personal insurer denies the claim, stating the driver was engaged in commercial activity.
- At the same time, the rideshare company’s insurer denies the claim by arguing the driver wasn’t actively on a ride.
- This leaves you stuck in the middle, with mounting bills and no clear path to payment unless an attorney steps in to hold the correct party accountable.
Tactics to Watch Out For
Be aware of these common tactics:
- The Quick Offer: They might offer a small check soon after the crash. This offer is almost always for far less than your claim is worth and is made before you even know the full extent of your medical needs. Cashing it means forfeiting your right to further compensation.
- Requesting a Recorded Statement: An adjuster may ask you to give a recorded statement about the accident. They ask seemingly innocent questions designed to get you to downplay your injuries or accidentally admit partial fault.
- Delaying the Process: Some companies will request endless paperwork and drag out the process for months. This is done to frustrate you into accepting a low offer out of desperation.
Our role is to take over all of this for you. We manage all communications with the insurance companies. We ensure they have the documentation they need while preventing them from using your own words against you.
What to Do After You Get Home (Preserving Your Case)
After a rideshare accident, the steps you take once you are home have a large impact on your ability to recover fair compensation. With the initial shock and emergency care behind you, focus on these practical actions.
Medical Adherence
- Attend All Appointments: Go to every single follow-up appointment with your doctors and physical therapists. Any gaps in your treatment history will be used by an insurance company to argue that your injuries were not that serious.
- Follow Medical Advice: Fill all prescriptions and diligently follow your physical therapy regimen. Documenting your commitment to recovery is powerful evidence.
Documentation is Key
- Start a Pain Journal: Each day, write down your pain levels, any physical limitations you experience (e.g., "couldn't lift my laundry basket"), and how the injuries are affecting your sleep and daily life.
- Keep All Receipts: Create a file for every bill, co-pay receipt, and pharmacy record related to the accident. This includes costs for things like ride services if you are unable to drive.
Maintain Digital Silence
Do not post anything about your accident, your injuries, or your recovery on social media. Insurance investigators actively monitor Facebook, Instagram, and other platforms. A photo of you at a family barbecue could be twisted and used as evidence that you aren't as injured as you claim, even if you were in pain the entire time.
Obtain the Official Police Report
The official police report, called a Texas Peace Officer’s Crash Report (CR-3), is a foundational piece of evidence. It typically becomes available within 5-10 business days after the accident. Make sure you get a copy.
FAQ About Houston Rideshare Accidents
What if I was a passenger in the Uber that caused the crash?
As a passenger, you are generally covered by the rideshare company's $1 million commercial insurance policy. You have a clear right to file a claim for your injuries against that policy.
Is it possible to sue Uber or Lyft directly for hiring a bad driver?
This is challenging because rideshare companies classify their drivers as independent contractors to shield themselves from liability. However, a lawsuit based on negligent hiring may be possible if the company failed to conduct a proper background check or ignored clear warning signs about a dangerous driver.
What if the rideshare driver hit me while they were offline?
If the driver’s app was off, the accident is treated like any other car wreck. Your claim would be against that driver's personal auto insurance policy.
What if I was hit by an Uber, but the driver fled (Hit and Run)?
If you were a passenger in a rideshare vehicle and the at-fault driver fled, the rideshare's Uninsured/Underinsured Motorist (UM/UIM) policy should apply. If you were in your own car, your own UM/UIM policy would be the primary source of recovery.
Is it possible to recover damages if I wasn't wearing a seatbelt?
Yes. While the insurance company will argue to reduce your compensation under comparative fault rules, failing to wear a seatbelt does not prevent you from filing a lawsuit in Texas.
Don't Let Insurance Companies Dictate Your Recovery
You should not have to fight a legal battle against a billion-dollar technology company while you are trying to recover from a serious injury.
That is our job. Let Calderon Law Firm handle the legal complexity so you can focus on what matters most: your health and your family.
We are ready to listen to your story and pursue the maximum compensation available under the law. Call us today for a free, no-obligation consultation at 346-999-5673.