Getting hit by a car is scary enough. But when that car is an Uber or Lyft? Things can get confusing fast.
Who’s responsible?
Which insurance applies?
And what are you actually supposed to do next?
Let’s walk through it in plain English.
First—Are You Covered If You’re a Pedestrian?
Yes.
If you were hit by an Uber or Lyft driver, you still have the right to pursue compensation for things like:
- Medical bills
- Lost wages
- Pain and suffering
- Ongoing treatment or rehab
It doesn’t matter that you weren’t in a car—you’re still protected under Louisiana law.
The Big Question: What Was the Driver Doing?
This is the most important detail in a rideshare accident.
Why? Because Uber and Lyft insurance coverage depends on what the driver was doing at the exact moment of the crash.
Here’s how it breaks down:
1. App Off
If the driver was not logged into the app:
- Only their personal auto insurance applies
2. App On (Waiting for a Ride)
If the driver was logged in but hadn’t accepted a ride yet:
- Uber/Lyft provide limited coverage
3. On an Active Trip
If the driver had accepted a ride or had a passenger.
- Up to $1 million in coverage may apply
This is where things can work in your favor as a pedestrian—especially in serious injury cases.
What If the Driver Was Clearly at Fault?
If the Uber or Lyft driver caused the accident—like:
- Running a red light
- Speeding
- Failing to yield to a pedestrian
Then you can file a claim against:
- The driver
- The insurance
- A possibly Uber or Lyft’s policy (depending on the situation)
What If You Were Partially at Fault?
Here’s where Louisiana law comes into play.
Louisiana follows a pure comparative fault system, (based on Louisiana Civil Code 2323).
That means:
- You can still recover compensation
- But your total amount gets reduced by your percentage of fault
Example:
- Total damages: $100,000
- You’re found 25% at fault (maybe you crossed outside a crosswalk)
- You can still recover $75,000
Insurance companies will try to shift blame into pedestrians, so this part matters more than people think.
Common Challenges in Pedestrian Uber/Lyft Cases
These cases aren’t always straightforward. Some common issues include:
- Disputes over app status (was the driver “on the clock”?)
- Multiple insurance companies involved
- Blame shifting onto the pedestrian
- Serious injuries leading to high-value claims
Because of this, these cases often get more complex than a typical car accident.
What Should You Do After the Accident?
If you were hit by an Uber or Lyft as a pedestrian, try to:
- Call 911 and get medical help
- Get the driver’s information
- Take photos of the scene
- Get witness contact info is possible
- Avoid giving recorded statements to insurance right away
And most importantly—don’t assume the insurance company is on your side.
The Bottom Line
If you were a pedestrian hit by an Uber or Lyft:
- You do have the right to seek compensation
- Insurance coverage depends on the driver’s app status
- Louisiana’s comparative fault law can affect how much you recover
- And these cases can get complicated quickly
Need Help After a Pedestrian Accident?
If you were hit by a rideshare driver in Louisiana, it’s worth talking to a lawyer who understands how these cases work.
At Cueria Law Injury Lawyers, we help injured pedestrians sort through the confusion and fight to get the compensation they deserve.
Reach out today for a free consultation.
