Walking around cities like Houston, Austin, or San Antonio has changed a lot in the last decade. You can’t go a block without seeing that familiar glowing light in a windshield or a sticker on the rear window. Rideshare vehicles are everywhere. While they make getting home from a night out easier, they have introduced a specific, dangerous variable to Texas roads: the driver who is professionally required to look at a phone.
If you are a pedestrian and you get hit by one of these drivers, the aftermath is chaotic. You are hurt, you are confused, and you are likely worried about how you are going to pay for the ambulance ride. It is not just a standard car wreck. Because the driver was working for a company like Uber or Lyft, the rules change.
Knowing where you stand legally is the only way to protect yourself.
The Problem is the App, Not Just the Driver
We all know texting and driving is dangerous. But for a rideshare driver, interacting with a screen isn’t just a bad habit; it is how they pay their bills.
Think about how the job works. A driver is cruising down a busy street. Their phone pings. They have a split second to look at the screen, check the rating of the passenger, look at the destination, and tap to accept. If they hesitate, they lose the fare.
That split second often happens while they are rolling through a crosswalk or turning right on red.
In Texas, proving that the driver was distracted by their app is often the linchpin of your case. It moves the conversation from “it was an accident” to “this was negligence.” The driver chose profit over your safety.
The Insurance Game
This is where things get messy. If a regular person hits you, you file a claim against their personal auto insurance. Simple.
When a rideshare driver hits you, their personal insurance provider will likely deny the claim immediately. Most personal policies have a “business use” exclusion. Basically, if the driver was using the car to make money, their personal coverage vanishes.
So, you have to look at the rideshare company’s insurance. But they don’t make it easy. Texas law requires these companies to carry insurance, but the amount of money available to you depends entirely on what the driver was doing at the exact second of impact.
It usually breaks down into three scenarios:
- The App Was Off: The driver was just driving their own car on their own time. You are stuck dealing with their personal insurance.
- The App Was On, But No Ride Accepted: This is the “gap.” The driver is trolling for a fare. Texas law mandates that the rideshare company provide limited liability coverage here (usually $50,000 per person/$100,000 per accident). It kicks in only if the driver’s personal insurance denies you.
- The Ride Was Active: The driver had accepted a request or had a passenger in the back seat. This is the best-case scenario for coverage. The policy limit usually jumps to $1 million.
The rideshare company will fight tooth and nail to prove the driver was in “Phase 1” or “Phase 2” to avoid paying out that million-dollar policy. You need someone who can subpoena the digital logs and prove the driver was on the clock.
Your Health and Your Evidence
Right after the impact, your adrenaline is going to be spiking. You might not feel the full extent of your injuries. It is common for pedestrians to try to walk it off, only to realize hours later they have internal bleeding or a concussion.
Go to the doctor. Go to the ER. Do it immediately. If you wait three days because you “thought it would get better,” the other side will argue that your injuries happened somewhere else.
While you are at the scene, if you can, get the police there. A police report is gold in Texas. Make sure the officer notes that the driver was working for a rideshare service. If you are too hurt to do this, ask a witness to help.
Also, a small but important tip: don’t throw away the clothes you were wearing. If they are torn or bloody, put them in a bag. Don’t wash them. They are physical evidence of how hard you were hit.
Silence is Your Best Defense
Here is the most important advice you will read today: Do not talk to the insurance adjuster.
After the accident, you will get calls. They will be from the driver’s insurance or the rideshare company’s “trust and safety” team. They will sound incredibly nice. They will ask how you are feeling. They might even offer to cut you a check right now to help with bills. Hang up.
These adjusters are trained to get you to say things that hurt your case. If you say, “I’m doing okay,” they write down that you aren’t injured. If you say, “I stepped off the curb quickly,” they will try to pin the blame on you.
What You Are Actually Owed
Being hit by a car is a life-altering event. The settlement shouldn’t just pay for the ambulance and the cast on your leg.
You are entitled to be made whole. That means:
- Medical Bills: Past, present, and future. If you need physical therapy for two years, they need to pay for it.
- Lost Wages: If you can’t work, or if you have to take a lower-paying job because of your injuries, you deserve that money back.
- Pain and Suffering: This is the physical pain and the mental trauma. It’s the anxiety you feel near roads now. It’s the fact that you can’t pick up your kids or go for a run anymore.
Get Hilley Solis on Your Side
You didn’t ask for this. You were just walking. Now you are facing a mountain of medical paperwork and a tech giant that wants to pay you as little as possible.
You don’t have to fight them alone.
At Hilley Solis, we stand up for pedestrians. We know how to pull the electronic data to prove the driver was distracted. We know how to negotiate with the big insurance carriers, and we aren’t afraid to take them to court if they refuse to play fair.
Focus on getting better. Let us worry about the rest.
If you or a loved one has been struck by a rideshare driver, reach out to us immediately. We are ready to listen to your story and help you get the compensation you need to move forward.
Visit us at 6243 Interstate 10, Suite #503, San Antonio, TX, 78201.
Call us today for a free consultation on 210.999.9999.
