Uber and Lyft have fundamentally changed how Houston moves — and added a new category of personal injury cases with unique insurance rules. When an Uber or Lyft driver crashes while logged into the app, a commercial insurance policy with $1 million in liability coverage typically applies, providing dramatically more coverage than a driver’s personal auto policy. But accessing that coverage requires understanding the “period” framework that governs transportation network company (TNC) insurance under Texas Transportation Code Chapter 2402. A Houston Uber & Lyft accident lawyer at McFarlane Law handles the full range of rideshare cases — passengers injured in the rideshare vehicle, occupants of other cars hit by a rideshare driver, and pedestrians and cyclists struck by rideshare drivers.
The TNC Insurance Period Framework
Texas Transportation Code Chapter 2402 divides rideshare driver activity into three periods for insurance purposes, each with different coverage. Period 0: the driver is not logged into the TNC app; only the driver’s personal auto policy applies (typically just the Texas minimum $30/$60/$25). Period 1: the driver is logged in and waiting for a ride request; TNC policies typically provide $50,000/$100,000/$25,000 in contingent liability coverage. Period 2: the driver has accepted a ride request and is en route to pick up the passenger; the full TNC commercial policy with $1 million in liability coverage applies. Period 3: the passenger is in the vehicle; same $1M coverage. Determining which period applied at the moment of a Houston crash is central to the insurance analysis — and both Uber and Lyft will work aggressively to characterize incidents in Period 0 or 1 to minimize their exposure. McFarlane Law subpoenas the TNC trip logs immediately to establish which period actually applied.
Who Is Liable When a Houston Uber Crashes
When the TNC driver causes a Houston crash, the commercial policy is primary during Periods 2 and 3. The TNC driver is also personally liable. The driver’s personal auto carrier may have some exposure depending on endorsements (personal policies often exclude rideshare activity, triggering the TNC’s commercial coverage). If the Houston crash was caused by another driver, that driver’s liability coverage and your own UM/UIM coverage apply; you can also pursue the TNC policy’s UM/UIM protection during Period 2 or 3, which typically provides $1M in UM coverage. If a commercial vehicle or truck caused the crash, that third party’s policies also apply. McFarlane Law identifies every available coverage layer and pursues them in the correct order.
Evidence in Houston TNC Cases
TNC cases have unique evidence needs. Trip receipts, driver app logs, ride-request history, GPS tracking, and in-app communications are all retained by Uber and Lyft and must be subpoenaed promptly. Driver safety records (prior complaints, suspensions, crash history) become relevant in negligent-hiring and negligent-retention claims against the TNC itself. Dashcam footage (increasingly common among Houston rideshare drivers) should be preserved immediately. Passenger and driver cell phone records document communications and usage during the ride. Houston Police Department crash reports, traffic camera footage, and private surveillance from the rideshare pickup or drop-off location all contribute. McFarlane Law issues litigation-hold letters to both TNCs and drivers within 48 hours of being retained.
TNC Corporate Negligence Claims
Beyond vicarious liability for drivers during Periods 2 and 3, Uber and Lyft face direct corporate-negligence claims in some Houston cases. Theories include negligent driver screening (hiring drivers with known dangerous driving records or criminal histories); inadequate training; failure to respond to prior complaints about a specific driver; algorithm design that incentivizes unsafe driving (surge pricing, rating pressure, long shifts); and inadequate safety features (emergency buttons, trip verification). TNC corporate negligence cases are difficult but can dramatically increase the recovery by unlocking direct corporate liability beyond the $1M trip policy. McFarlane Law evaluates every serious Houston rideshare case for these additional theories.
Related Practice Areas
Related Houston subpages: Houston car accident lawyer, Houston hit and run accident lawyer, Houston drunk driving accident lawyer. Hub: Houston personal injury lawyer.
Talk to a Houston Injury Lawyer Today
Houston Uber and Lyft cases involve specialized insurance layers. Call McFarlane Law to identify every available coverage. Free consult. (512) 222-4900 / (432) 803-5000.
Free Case Evaluation
Available 24/7 — Call or fill out the form below
Your information is confidential. We never share your data.
Deep Experience in Houston and Harris County
McFarlane Law has tried and settled cases across Harris County, Fort Bend County, Montgomery County, and Galveston County. Our attorneys know the Houston civil district and county courts at law, understand the local jury pools, and have worked with Houston-area medical providers, accident reconstructionists, and life-care planners on every case type covered in this silo. Houston is home to the Texas Medical Center, the Port of Houston, and the largest petrochemical complex in the Western Hemisphere — and we have the litigation experience to match the complexity these facilities generate. When we represent a Houston client, we do it with the same preparation, resources, and courtroom depth we bring to every Texas personal injury case. Call (512) 222-4900 or (432) 803-5000 for a free consultation.
