Uber / Lyft Accidents

Las Vegas Rideshare Lawyer

Gina Corena and Associates - Corena Law

Uber and Lyft Accidents–Who is Liable?

In the event of a car accident involving a passenger in an Uber or Lyft, liability can extend beyond the immediate parties involved. Road conditions play a significant role in the safety of all road users, and when these conditions are compromised, the consequences can be severe.

Consider the city of Las Vegas, for instance. The city is responsible for maintaining the safety of its roads, including traffic lights and street signs. If traffic lights are broken and left unrepaired, or if street signs are missing, these can lead to confusion and potentially dangerous situations. If an accident occurs under such circumstances, the city could be held liable for failing to uphold its duty to maintain safe road conditions.

Similarly, the Nevada Department of Transportation holds a significant amount of responsibility for the state’s roadways. This department is tasked with ensuring that all roads, highways, and related infrastructure are safe for use. If a construction zone is improperly secured, leading to an accident, the Department of Transportation could be held accountable. The department’s failure to properly secure a construction zone could be seen as negligence, making them potentially liable for any resulting damages.

In addition to these specific entities, other government agencies could also be held liable in certain situations. These agencies could include local county governments, state highway agencies, or even federal departments. Each of these entities has a role to play in maintaining safe road conditions, and if they fail in these duties, they could be held accountable.

While the immediate parties involved in an Uber or Lyft accident are often the first to be considered in terms of liability, it’s important to remember that other entities could also be held accountable. If road conditions contribute to an accident, the entities responsible for maintaining those conditions could be held liable. This includes the city of Las Vegas, the Nevada Department of Transportation, and other government agencies. Each of these entities has a duty to ensure safe road conditions, and a failure to uphold this duty could result in liability.

In order to determine who is responsible for your Uber or Lyft accident injuries, your lawyer will need to thoroughly examine the details of your case. Only an in-depth investigation will uncover the truth.

Nevada Shared Fault and Your Uber or Lyft Accident Claim

One major reason why more Uber and Lyft accident victims do not pursue legal action after their accident is because they are afraid that sharing fault for their accident prohibits them from being able to seek compensation in civil court. But this is not true. Nevada follows a modified comparative negligence statute.

This means that sharing fault does not prevent you from collecting compensation through the civil court system in Las Vegas. However, this is a modified system, not a pure one. This means that there is a maximum amount of fault that you can carry for causing the accident before being prohibited from pursuing your case in court.

For Uber or Lyft accident claims in Nevada, you can share up to 50% of the fault for the accident and still collect compensation. However, do not be surprised when your injury settlement reflects a deduction that correlates to your percentage of fault. For example, if you were found to be 30% liable for your Uber or Lyft accident injuries, then you could reasonably expect your injury settlement to be reduced by 30%.

If you have questions or concerns surrounding how Nevada’s shared fault laws could impact your Uber or Lyft accident claim, be sure to contact your Las Vegas personal injury lawyer for help.

What Makes Lyft and Uber Accident Claims so Complex?

One of the primary reasons that Uber and Lyft accident claims are so complex is because of the fact that there are multiple insurance companies that you may need to file a claim with. It can be confusing to try to figure out which insurance company to file a claim with and where.

Nevada is a fault state for car accidents and insurance purposes. This means that you will need to file a claim with the liable party’s insurance company in order to recover compensation through an insurance claim.

The good news is, Uber and Lyft each carry a one million dollar liability coverage for their drivers when they carry passengers. This coverage is there to pay for injuries sustained by their passengers, as well as for claims that may come forth from the other motorist (s) involved in the accident.

But rideshare drivers are not classified as employees of Uber or Lyft. Rideshare drivers are obligated to sign a contract before they are eligible to begin working that states they are independent contractors.

What this means is the driver, and not the company called Uber or Lyft, is generally liable in the event of an auto accident. The word ‘generally’ is used because Uber and Lyft have clauses in their insurance policies that stipulate exact terms of when an injured passenger or anyone else who may have been injured as a result of one of their drivers being involved in an auto accident can collect from the company or sue the company.

Uber and Lyft liability insurance coverage kicks in when:

  • Motorists are injured in collisions where an Uber or Lyft driver was at fault.
  • Passengers in either vehicle were injured and the rideshare driver was at fault.
  • Pedestrians or bicyclists or anyone else are injured by a ridesharing driver.
  • Uber or Lyft drivers are injured in an accident where another driver was at fault.

The liability insurance restrictions that are constructed into the insurance policies of Uber and Lyft and other rideshare apps are called phases; if at the time of the accident a rideshare driver had their app turned off, the driver would not be considered as working at the time of the accident, and therefore the driver’s personal auto insurance policy would be liable to pay for damages. Another way Uber/Lyft can evade a lawsuit is if at the time of the accident, a driver had their app on, but was not carrying a passenger (s).

Until legislators craft new laws regulating digital platforms such as Uber and Lyft, the question of who is liable after a rideshare auto accident will remain confused. This is why it is especially important to have an experienced Las Vegas Uber and rideshare accident attorney fighting to protect your legal rights to receive full compensation.

What Happens When Uber or Lyft Insurance Does Not Apply?

Since rideshare accident insurance is only active during specific times, you may be wondering what happens when you are involved in a collision outside of these times. Nevada law requires all drivers to carry specific types and amounts of auto insurance.

This means that the Uber or Lyft drivers own personal insurance policy should take a fact when the rideshare‘s auto insurance policy is not. In this way, you will be filing a claim against any other type of driver.

Rideshare Accident Driver Requirements in Las Vegas

Despite the fact that the requirements for becoming an Uber or Lyft accident driver may be minimal, these rideshare companies in Las Vegas do have specific, basic requirements, including:

Every Uber Driver in Las Vegas must meet these basic requirements:

  • They must be 21 years of age or older
  • They must have 3 years driving experience.
  • They must have a clean driving record.
  • They must have an in-state driver’s license (depending on their state).
  • They must pass a background check.

In addition to these basic requirements, Uber and Lyft accident drivers are required to meet specific car requirements, including:

Uber Car Requirements in Las Vegas:

  • The vehicle cannot be older than 15 years
  • Minimum of 5-7 Factory-Installed Seatbelts
  • 4-door car or minivan
  • Good condition with no cosmetic damage
  • No commercial branding
  • Pass the Uber vehicle inspection requirements

Every day millions of people take advantage of these two rideshare options. The convenience of requesting a ride by opening an app on your phone and minutes later you’re on your way to your destination is something most of us already can’t imagine living without. Unfortunately though, Uber and Lyft drivers do not come with a guarantee that protects they won’t be involved in an auto accident while you’re in their vehicle.

Uber and Lyft drivers have a responsibility to their passengers to always drive safely and without distraction. But when a rideshare driver fails to comply with this duty to their passengers and gets into a collision with another vehicle, if their passenger (s) are seriously injured as a result, the question of who is liable to pay for the passenger (s) injuries isn’t as straightforward as it should be. This is why working with a Las Vegas injury attorney who is experienced in handling Uber/Lyft accidents can make a huge difference in the amount of compensation the injured passenger (s) receives.

Common Injuries Seen in Lyft and Uber Accidents in Las Vegas

Motor vehicle accidents, and particularly those involving Uber and Lyfts have been known to produce devastating and life-threatening injuries. But there are some types of injuries that are seen more often in Lyft and Uber accident claims than others. These include

The kind of severe injuries that can result from being involved in an Uber/Lyft auto accident include:

  • Concussion
  • Whiplash
  • Traumatic brain injuries
  • Spinal injuries
  • Neck injuries
  • Internal injuries
  • Lower back injuries
  • Herniated discs
  • Broken or fractured bones
  • Paralysis (temporary and permanent)
  • Loss of limb
  • Death
  • Organ failure
  • Internal injuries and bleeding
  • Third degree burns
  • Back injuries
  • Post-traumatic stress disorder (PTSD)

There are many other types of injuries that could have a significant impact on your life. If you suffered an injury that was not listed above, you may still be entitled to financial compensation.

It is important to remember that the specific type of injury you sustained is not necessarily going to determine whether you are awarded compensation. What matters is the impact that those injuries have had on your life.

What to Expect From the Insurance Claims Process

Insurance companies are in business to make money and don’t like paying out. They will do everything they can to protect their profits. Insurance companies employ many shabby tactics to confuse and frustrate victims as a way of pressuring them into accepting a settlement amount that falls very short of meeting their hospital and medical expenses and lost wages and potential lost earnings.

Warning Signs in Dealing With the Insurance Company

More often than not, insurance companies will assign you a date and time to be examined by a doctor that represents the insurance company. This doctor is not an independent or neutral medical expert. This doctor has one job – to totally discredit or significantly downplay the seriousness of your injuries.

One of the ways an insurance doctor uses to mitigate your pain and suffering is to write an evaluation stating what is hurting you is simply a flare-up from a preexisting condition. Without an experienced Las Vegas Uber accident attorney or car accident attorney representing you, there may be very little you can do on your own to defend against the actions of an insurance company.

How to Prevent the Insurance Company from Taking Advantage of You

Because companies like Uber and Lyft are also in business to make money and will do everything they can to protect their bottom line, if you or a loved one has been seriously injured as a passenger in a rideshare accident, or if your car was damaged in a collision with an Uber or Lyft vehicle, you may be at risk of not collecting enough compensation to cover your medical bills, lost wages or property damage to your vehicle.

Anytime an Uber or Lyft vehicle is involved in an auto accident, there may be limited liability coverage for specific circumstances. In accidents where you cannot sue the company and are dependent on the rideshare driver’s personal liability and comprehensive package, a rideshare driver who doesn’t own property or have other assets, may only be carrying the minimum insurance amount legally required in the state of Nevada.

If you have a qualified Las Vegas Uber accident attorney representing your claim, even in these kinds of situations, your attorney is knowledgeable in how to best navigate through all the complexities to ensure you receive maximum compensation to cover all your expenses plus pain and suffering.

How much Time Do I Have to File a Lawsuit in Las Vegas?

Getting your Las Vegas Uber or Lyft accident claim filed in the Nevada civil court system before the statute of limitations expires is essential. In the state of Nevada, the deadline to file an injury lawsuit after an auto accident is two years from the date of the accident.

But the deadline for your case may not always be obvious. When you have questions or concerns surrounding when the statute of limitations expires for your case, be sure to contact your Las Vegas Uber or Lyft accident attorney. It is imperative that your claim be filed before the statute of limitations runs out.

If you attempt to pursue your case after the statute of limitations has already expired, the judge will have no other choice but to dismiss your case. Avoid having an issue like this disrupt your ability to recover maximum compensation for your damages.

What Damages Can You Recover in an Uber or Lyft Accident Claim?

When someone else’s negligence or misconduct causes you to suffer devastating injuries in a Lyft or Uber accident, you have the right to be made whole. This means the at-fault party should compensate you for every single way your life was negatively affected by your Uber or Lyft accident injuries.

Some of the more common losses that are awarded in Las Vegas rideshare accident claims include:

  • Lost Wages and future potential earnings
  • Hospital and doctor bills
  • Expensive medications and other treatments
  • Costs of physical rehabilitation
  • Future medical expenses, as needed
  • In-home medical equipment if necessary
  • Your pain and suffering and mental anguish
  • Loss of household services
  • Scarring and disfigurement
  • Diminished quality of life
  • Loss of companionship and love
  • Loss of society and advice
  • Loss of guidance and support
  • Costs of repairing or replacing your vehicle
  • Other property damages
  • Costs of increased insurance premiums

If you or a loved one has been seriously injured in an Uber or Lyft accident in Las Vegas, please contact Gina Corena & Associates for a free consultation. She will make sure that your rights are protected and that your injuries, pain, and suffering are fully compensated for. Our expert legal team will fight aggressively in court to ensure you receive the maximum compensation you deserve.

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