Who’s Responsible in an Uber or DoorDash Crash?
Rideshare and delivery services like Uber, Lyft, and DoorDash have transformed how we travel and receive goods. But when an accident happens involving one of these drivers, whether you’re a passenger, pedestrian, or another motorist, the question of who is legally responsible becomes more complicated than in a typical car crash. These drivers operate in a gray area between personal and commercial use, and determining liability often depends on what the driver was doing at the time of the crash.
If you’ve been hurt in an accident involving a rideshare or delivery driver in Texas, here’s some general information on what you need to know about your options and who may be held liable. For personalized legal advice tailored to your specific situation, contact Turley Law Firm in Dallas to speak with an experienced and dedicated Texas car accident lawyer.
Are Uber and DoorDash Responsible for Their Drivers?
One of the most important legal distinctions in these cases is that Uber and DoorDash drivers are typically classified as independent contractors, not employees. This means that under Texas law, the companies are not automatically liable for every action their drivers take. However, both companies carry insurance policies that may apply when a driver is actively using the app and performing work-related tasks.
Whether the company’s insurance applies will depend on the driver’s status at the time of the crash.
Understanding the Driver’s “Status”
Liability in Uber or DoorDash crashes largely hinges on what the driver was doing when the accident occurred. For Uber (and Lyft), the law generally breaks this down into three time periods:
- Driver is offline or not using the app
If the driver is not logged into the app at the time of the crash, they are considered to be driving for personal reasons. In this case, the driver’s personal auto insurance is the primary source of compensation for any injuries or damages they cause. - Driver is logged into the app but hasn’t accepted a ride
When the driver is waiting for a request, Uber provides limited liability coverage in case the driver’s personal policy doesn’t apply. This coverage currently pays up to:- $50,000 for bodily injury per person
- $100,000 for bodily injury per accident
- $25,000 for property damage
However, this coverage is secondary and may not kick in unless the driver’s personal insurer denies the claim or their limits are insufficient.
- Driver has accepted a trip or is actively transporting a passenger
Once the driver accepts a ride, the company’s full commercial insurance coverage goes into effect. This includes:- $1 million in third-party liability coverage
- Uninsured/underinsured motorist coverage
- Contingent collision and comprehensive coverage (if the driver has this on their personal policy)
In a handful of states, DoorDash provides insurance coverage on the same pattern as Uber described above. However, in most states, including Texas, DoorDash does not provide any coverage during the “delivery available” period but only during the “delivery service” period. If a Dasher causes a crash after accepting a delivery request, the company’s $1 million liability coverage kicks in until the order has been marked as delivered, unassigned, or canceled.
If the Dasher is logged on to the platform but has not accepted a request, their personal auto policy applies. DoorDash does not provide limited liability coverage in this instance in Texas, unlike Uber and Lyft, which provide coverage during this period. Minimum liability coverage required for Texas drivers is $30,000 for bodily injury per person, $60,000 for bodily injury per accident, and $25,000 for property damage. This coverage is mandatory for all drivers in Texas and required to drive for DoorDash, Uber and Lyft.
Who Can Be Held Liable After a Crash?
Determining liability in a rideshare or delivery crash can involve several parties:
- The rideshare or delivery driver may be liable if they were negligent, such as speeding, running a red light, or texting while driving.
- Another driver could be at fault, such as in multi-vehicle collisions.
- The company (Uber, DoorDash, etc.) could be liable through their insurance policies if the driver was engaged in work at the time.
- Vehicle manufacturers or maintenance providers might share blame if a mechanical defect contributed to the accident.
In many cases, fault is shared, and insurance companies may dispute who pays what. Having a qualified attorney review the circumstances and advocate on your behalf can make a major difference in securing the compensation you deserve.
Injured as a Pedestrian or Cyclist?
Accidents involving pedestrians or cyclists and an app-based driver can raise similar liability issues. If the driver was working at the time, such as on their way to pick someone up or delivering food, the company’s commercial insurance policy may apply. Otherwise, the driver’s personal insurance will likely be responsible for your injuries.
What You Should Do After a Crash Involving an App-Based Driver
If you’re involved in an accident with a rideshare or delivery vehicle, taking the following steps can help protect your health and your legal claim:
- Seek medical attention immediately.
- Report the crash to the police and get a copy of the report.
- Get the driver’s contact and insurance information.
- Take photos of the accident scene, vehicle damage, and any visible injuries.
- Note whether the driver was working (you can often confirm this by looking at the app or asking directly).
- Contact an experienced personal injury attorney who understands the nuances of rideshare and delivery accident claims.
Talk to Turley Law Firm About Your Case
Crashes involving Uber, Lyft, DoorDash, and other app-based drivers are legally complex. Between multiple insurance policies, disputed liability, and corporate involvement, victims can easily become overwhelmed. At Turley Law Firm, we have helped injured people in Dallas and throughout Texas navigate these situations with clarity and confidence.
Whether you were a passenger, pedestrian, or another motorist, we can investigate the crash, determine all sources of liability, and fight for the full compensation you need to recover. Contact us today for a free consultation.
