A wireless communications device is configured to establish a radio level session with a network at a relatively high or highest protocol level among a plurality of protocol levels supported. Upon failures in establishing, or during, a network level data session, the radio level session is closed. Thereafter, the device re-attempts to establish the network level session at a lower, fallback protocol level, by pretending it is a legacy device incapable of supporting the high protocol level. In this manner, the network is likely to follow a different procedure in establishing data communications, whereby an error that caused the failure is less likely to be repeated. As examples, error conditions in eHRPD data sessions result in fallback to HRPD or 1xRTT data sessions. A network based alternative embodiment implements protocol fallback via appropriate fallback instructions to the wireless device.