If an Uber or Lyft driver hit you while you were walking, biking, or riding a scooter in Texas, the driver is responsible, and the amount of insurance depends on the app status. A driver on an accepted ride or carrying a passenger must have at least $1 million in coverage under Texas law. Owsley Law Firm handles these claims and charges no fee unless it wins.
How much insurance covers a pedestrian hit by an Uber or Lyft?
Texas Insurance Code Chapter 1954 sets the minimums by app status. If the driver had accepted a ride or had a passenger, at least $1 million in liability coverage is required. If the driver was logged in and waiting for a request, the minimum drops to $50,000 per person, $100,000 per accident, and $25,000 for property damage. If the app was off, only the driver’s personal policy applies.
Pedestrian injuries are often severe: fractures, head injuries, and spinal injuries are common because there is nothing between the person and the car. Which coverage applies can decide whether the claim covers the full harm.
Does my own car insurance help if I was walking?
Often, yes. Personal injury protection (PIP) on your own Texas auto policy generally covers you as a pedestrian struck by a motor vehicle, and it pays early medical bills and lost income regardless of fault, up to its limit. Uninsured and underinsured motorist coverage on your policy may also apply when the driver’s coverage is not enough.
If you do not own a car, a household family member’s policy may still cover you. The firm checks every policy in the household.
Who is at fault when a pedestrian is hit in Texas?
Drivers must yield to pedestrians in crosswalks and must exercise care to avoid hitting anyone in the road. Pedestrians have duties too, such as not stepping suddenly into the path of a car. Texas assigns percentages of fault under Chapter 33, reduces recovery by the pedestrian’s share, and bars it above 50 percent.
Insurers in pedestrian cases routinely argue the person was outside a crosswalk, wearing dark clothing, or distracted. Video, witness accounts, and the driver’s app activity at the moment of impact are how those arguments are tested.
What evidence should I collect?
If you can, photograph the car’s plate and any rideshare decal, and ask witnesses for their names. The police report should identify the driver and vehicle. Write down what you remember about where the car was going and whether the driver had a passenger.
Nearby businesses, apartment buildings, and city traffic cameras may have recorded the crash, but footage is often overwritten in days. The firm requests it immediately, along with the rideshare company’s trip and app-status data.
What if I was riding a bike or scooter?
The same rules apply. A cyclist or scooter rider hit by a rideshare driver has a negligence claim against the driver, with coverage determined by the app status. Bike lanes on Houston streets like Westheimer, Montrose Boulevard, and around downtown see frequent conflicts with drivers pulling to the curb.
Rental scooter companies have their own terms and sometimes their own insurance. If a scooter defect played a role, that is a separate claim.
How long do I have to make a claim?
Two years from the date of the crash to file a lawsuit under section 16.003. Rideshare data, video, and witness memory fade much sooner, so the investigation should begin right away.
If the person who died was hit by a rideshare driver, the family’s wrongful death claim has its own two-year deadline from the date of death.
What injuries do pedestrians and cyclists suffer, and how are they valued?
Without a vehicle around them, pedestrians and cyclists absorb the full force of the car. Leg fractures from the bumper, pelvic and hip fractures, head injuries from striking the hood or pavement, shoulder and wrist injuries from the fall, and road rash are common. Recovery often includes surgery, physical therapy, and time off work, and some injuries leave permanent limits.
Value depends on those medical facts, the coverage available, and how clearly the driver was at fault. Because the rideshare app status can move the available coverage from $50,000 to $1 million, establishing it early is often the single most important step in the case.
Common questions
What clients ask about pedestrians hit by rideshare.
The driver did not have a passenger. Is there still a claim?
Yes. The driver is responsible either way. The app status decides how much insurance is available, not whether you have a claim.
Can I find out if the driver was working for Uber or Lyft?
The police report, the vehicle’s rideshare decal, witnesses, and a request to the company can establish it. The firm handles that request.
Will PIP reduce what I recover from the driver?
PIP pays early bills regardless of fault and is part of your own coverage. How it interacts with the liability claim depends on the policies, and the firm explains it before settlement.
I was hit in a parking lot by a rideshare driver. Does that count?
Yes. Private parking lots and pickup zones are common sites for these crashes, and the same fault and insurance rules generally apply.
What does the firm charge?
Nothing up front and no fee unless it recovers money for you.