Autor: Shelby Benavidez 

Abogado colaborador:  Jason Ferguson, attorney

The holiday season is a time many people look forward to all year. Christmas parties fill the calendar, coworkers gather to celebrate the end of the year, families travel long distances to reconnect, and New Year’s Eve brings late nights and big celebrations. With all of this activity comes crowded roads, heavier traffic, and a sharp increase in rideshare use. 

During December and early January, Uber and Lyft rides are in high demand. People use rideshares to get home safely after Christmas work parties, holiday dinners, shopping trips, and New Year’s celebrations. While rideshares can be a safer alternative to driving yourself, accidents still happen. In fact, holiday travel often leads to more crashes due to fatigue, bad weather, distracted drivers, and increased alcohol consumption. 

If you are involved in a rideshare accident during the holidays, it can be stressful and confusing, especially as a passenger! Knowing what steps to take and understanding your rights can make a significant difference in protecting your health and your financial future. 

Steps to Take After a Rideshare Accident  

Being involved in a rideshare accident can leave you shaken. Emotions run high, and it can be difficult to think clearly. Following these steps can help ensure your safety and strengthen any future insurance or legal claim. 

1. Check for Injuries 

Your first priority after any accident is safety. Take a moment to scan your body for any obvious injuries being masked by adrenaline. If you have broken bones or serious lacerations, stay put until help arrives. If you don’t see any injuries and you are able to move, check on the driver of both vehicles and any other passengers. 

If anyone is seriously hurt, do not attempt to move them unless there is immediate danger, such as a fire or oncoming traffic. Sometimes, moving an injured person can do more harm than good

2. Call 9-1-1 to Report the Crash 

Even if the accident seems minor, like a fender bender, always call 9-1-1. If there are no serious injuries and both vehicles can be moved, police may not physically respond to the accident. However, a police report is almost always filed, which can serve as valuable evidence for your claim later on. Calling 9-1-1 is critical, even if the accident appears minor. Police officers can document the scene and create an official accident report, which may be crucial later when dealing with insurance companies or legal claims. 

If police do arrive, they can help you document the scene and gather any necessary information from other drivers and witnesses. Emergency responders may want to check you for injuries, and it’s never a bad idea, even if you think you feel fine. If you need to receive immediate medical care, prioritize your health. 

3. Take Pictures and Video of the Scene 

If you are physically able, document the accident as thoroughly as possible. Use your phone to take pictures and videos of where you were sitting in the vehicle and any visible injuries you have. If you feel safe exiting the vehicle, take pictures of the damage and license plates of all vehicles involved. 

Holiday travel accidents often involve multiple factors, such as poor weather or heavy traffic, so it may also be useful to take pictures of road conditions, skid marks, nearby traffic signs, weather conditions, and lighting. Visual evidence can help tell the story of what happened. 

4. Collect Driver Information and Witness Statements 

Exchange information with all drivers involved, including full names and phone numbers, insurance information, and driver’s license numbers. 

If you were injured in a rideshare accident, but were not a passenger in the vehicle, confirm whether the driver was logged into the app and actively transporting a passenger at the time of the crash. This detail affects which insurance coverage applies

If there are witnesses, politely ask for their names and contact information. Witness statements can be extremely helpful if there are disputes about fault. 

5. Get Medical Attention 

Even if you feel fine at the time, seek medical care as soon as possible. Some injuries, such as whiplash or internal injuries, may not show symptoms right away. Delaying treatment can worsen your condition and weaken your injury claim. 

Keep copies of all medical records, bills, and follow-up instructions. These documents help establish a connection between the accident and your injuries. 

6. Contact a Qualified Personal Injury Attorney 

Rideshare accidents are more complex than typical car crashes. Multiple insurance policies may be involved, including the driver’s personal insurance and the rideshare company’s coverage. 

abogado calificado en lesiones personales can help you determine what avenues of recovery are available, including hidden umbrella policies, handle communications with insurance adjusters, protect you from lowball settlement offers, and help you receive full value for your injuries. 

Having an attorney on your side is especially important during the holiday season, when insurance companies may be slower to respond or eager to close claims quickly. 

7. Report the Crash to Insurance 

Notify the appropriate insurance companies about the accident. If you were a passenger, this may include the rideshare company’s insurance provider. If you were a driver, you may need to report the accident to both your personal insurer and the rideshare platform. 

Be honest but cautious when giving statements. Avoid admitting fault or speculating about what caused the accident. If you have already spoken to a personal injury attorney, they will be able to help you report the crash to all necessary parties.  

Understanding Rideshare Passenger Rights After an Accident 

What Happens if You Get Injured as a Passenger in a Rideshare Accident? 

People who choose to take an Uber or Lyft home typically do so to avoid drinking and driving after a holiday party. So, it can be incredibly upsetting and confusing to be involved in a crash after taking the necessary precautions to avoid one. Thankfully, if you are injured as a passenger in a rideshare accident, you may be entitled to compensation for medical expenses, lost wages, pain and suffering, and future medical care.  

Rideshare companies like Uber and Lyft provide insurance coverage when drivers are actively transporting passengers. However, claims can still be complicated. Insurance companies may argue about who caused the accident, whether another driver was responsible, or whether your injuries are as serious as claimed. This is why documentation and having an attorney on your side are so important. 

Can Passengers Be Held Liable for Uber or Lyft Accidents? 

There are a few rare instances when passengers may share some responsibility for a crash in a rideshare vehicle. For example, if you physically interfered with the driver or were behaving recklessly in the vehicle that caused severe distractions, you may share a portion of liability. This isn’t common, but it is a strong reminder to maintain responsible behavior in a moving vehicle, even as a passenger.  

 In most cases, passengers are not held liable for rideshare accidents. You weren’t in the driver’s seat, your hands weren’t on the wheel, and you weren’t controlling the vehicle – therefore, you probably did not play a role in causing the crash. 

However, that doesn’t mean the insurance won’t still try to minimize your claim. They may bring up prior collisions or traffic incidents, flood you with irrelevant questions, or even question your injuries, but these are all tactics to try to save themselves money. Adjusters play tricks to drain you of your energy in hopes you will accept a lowball offer. Don’t let them! Call a personal injury attorney to get full value for your case. 

How Much Is the Settlement for an Uber Passenger Accident? 

There is no standard settlement amount for Uber passenger accidents – every case is different. Every insured driver has policy limits, whether they are individually insured or through a rideshare company, and what you recover typically can’t exceed those limits.  

What you’re able to recover also depends on the severity of your injuries, what medical treatment you’ve had to receive, your recovery time, the impact on your ability to work, the impact the injury has had on your family and relationships, pain you and your family have endured – all of these things build your unique story and add value to your claim. 

An experienced attorney can help evaluate your case through a free consultation and guide you to receiving full value for your injuries. 

Final Thoughts: Staying Safe During Holiday Rideshare Travel 

The holiday season brings joy, celebration, and togetherness, but it also brings increased risks on the road. We always encourage our fellow Texans to plan a safe ride home, and while taking an Uber or a Lyft is much safer than drinking and driving, it isn’t without risk. 

Knowing what to do after a rideshare accident can protect your health, your rights, and your financial future. From seeking medical care to contacting a qualified personal injury attorney, each step plays an important role in your recovery. 

If you plan to use rideshares this holiday season, stay alert, buckle up, and trust your instincts. And if an accident does happen, remember that help and legal protections are available to guide you through the process.