Uber / Lyft Accidents

Las Vegas Rideshare Lawyer

Gina Corena and Associates - Corena Law

Have you been seriously injured in a rideshare accident? These types of claims can become complicated quickly. If you want to be sure to protect your interests, get a reputable Las Vegas Uber and Lyft accident lawyer to advocate for your rights. Call Gina Corena & Associates today to schedule a free consultation. 

Fault for Uber and Lyft Accidents in Las Vegas, NV

In order for you to recover maximum compensation for your Uber or Lyft accident claim, your attorney will need to be able to establish fault. For Uber and Lyft accident lawsuits, there are several parties who may share blame. 

Every person’s accident and case will be different, but there are some parties that are found liable more often than others in Lyft and Uber accident cases. Some of these are described further as follows:

Negligent Drivers

The majority of Uber and Lyft accidents are caused by negligent driving. Whether the rideshare driver is at fault, or another vehicle crashed into your Uber or Lyft, negligent driving continues to be a major cause of car accidents across Las Vegas and the state of Nevada. 

Some of the more common types of negligent driving that have been known to cause Lyft and Uber accidents in Las Vegas include:

  • Speeding
  • Following too closely
  • Failure to yield
  • Failure to use a turn signal
  • Road rage
  • Distracted driving 
  • Driving while fatigued
  • Driving under the influence of drugs or alcohol
  • Failure to stop
  • Making illegal turns

Other Liable Parties 

But reckless drivers are not the only cause of Uber and Lyft accidents in Las Vegas. There are many other factors that could contribute to your accident. For example, if any of the involved vehicles had a faulty or defective part that ultimately caused the collision, then there may be several other parties who could share blame for your injuries, such as:

  • Auto parts manufacturers
  • Vehicle parts designers
  • Auto parts distributors
  • Auto dealerships
  • Safety inspectors
  • Other third parties

There are also many situations in which the roads are unsafe. Traffic lights may be broken and left unrepaired, street signs left missing, and construction zones that are improperly secured. If any of these, or other road hazards cause your Lyft or Uber accident, you may have claims against several entities, including:

  • The city of Las Vegas
  • The Nevada Department of Transportation
  • Other government agencies

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.

What to Do After an Uber or Lyft Accident in Las Vegas

In the aftermath of your Lyft or Uber accident, you may be feeling scared and unsure of what to do next. Take a deep breath, and follow the following steps:

  • Get medical attention – even if you think your injuries are not serious, get a medical exam. Sometimes a hidden trauma to the body can take a few days after the accident to reveal itself.
  • Make sure to document everything; the time of the accident and the weather conditions.
  • Take down both driver’s cellphone numbers and email, and if possible, take a photo of their driver’s licenses and insurance cards as well.
  • Take photos of both vehicles from all angles. Take photos of the scene of the accident to show any pertinent signage or skid marks.

Keep in mind that an insurance company will try to pay you the smallest amount possible. Do not accept a quick insurance settlement. Once you accept, it is almost impossible to go back and ask for more compensation. 

If you accept their settlement, and then for example, your back pain isn’t going away and you find out you need ongoing treatments for an extended length of time, or an injury in another part of your body is damaged worse than doctors initially thought, you may be left with no recourse to seek additional compensation to cover the additional medical expenses incurred.

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. She will make sure that your rights are protected and that your injuries, pain, and suffering are fully compensated for. And if necessary, Gina Corena will fight aggressively in court to ensure you receive the maximum compensation you deserve.

Of course no amount of money can make up for your pain and suffering, but knowing your medical costs and loss of earnings are being compensated can help to reduce stress and give you peace of mind to focus on your health and recovery process.

Get Help From a Lyft or Uber Accident Attorney in Las Vegas

The injuries you endured in your rideshare accident may have a dramatic impact on your life and your family’s lives for years to come. It is critical that you secure the funds you will need to recuperate from your injuries without financial worry.

Maximize your injury settlement and show the insurance company you mean business when you contact a respected Las Vegas Uber or Lyft accident lawyer at Gina Corena & Associates. Make Gina Corena and her highly experienced legal team your Champions of Justice. 

Let us help you file a car accident injury claim in Las Vegas to ensure you receive the compensation you deserve for your injuries. Schedule a free consultation today when you complete our quick contact form or give our law firm a call at (702) 680-1111.

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