Rideshare Accident Lawyer in Las Vegas

Fighting for Rideshare Accident Victims in Nevada

A typical trip in Las Vegas in recent years involves hiring a rideshare service to travel between destinations. During the day, many locals choose to avoid traffic in the city by using Uber, Lyft, or another rideshare service provider to get to work, pick up groceries, visit friends, and so on. When the sun goes down, the Las Vegas nightlife erupts in bright lights and even more rideshare vehicles throughout the streets. As rideshare services continue to grow in popularity, the number of rideshare accidents will only increase.

If you have been hurt while riding in a rideshare vehicle like an Uber or a Lyft, figuring out who is liable for your damages can be a challenge. You can simplify your situation and remove much of the stress by letting Bertoldo Carter Smith & Cullen represent you. As proud Las Vegas locals, our rideshare accident attorneys would be honored to hear from you and see what we can do to help you create, file, and manage your injury claim.

Start your claim with our rideshare accident attorneys in Las Vegas by dialing (702) 505-8115 today – it’s that simple!

Understanding Rideshare Accident Laws in Nevada

Rideshare accident laws in Nevada present unique legal challenges due to the nature of Uber and Lyft services. The drivers are classified as independent contractors, creating complexities in determining liability. Unlike traditional taxi services, these companies do not always provide blanket commercial insurance coverage, meaning complications around insurance claims can arise. Nevada requires rideshare companies to provide significant insurance coverage while a driver is actively using the app. For example, $1 million in liability insurance must cover accidents occurring from the moment a driver accepts a ride request until the ride ends. However, understanding these regulations requires legal guidance to ensure all avenues for compensation are identified and pursued properly.

In addition to company-provided insurance, drivers are also required to carry personal insurance policies that meet state-required coverage levels. Despite these requirements, rideshare-related claims often encounter hurdles, such as determining which policy should pay out to injured parties. Due to the independent contractor status of drivers, rideshare companies often attempt to deflect full responsibility for accident damages to individual drivers. Therefore, a legal professional with knowledge of Nevada's rideshare laws is invaluable to navigate these complex claims and advocate effectively on your behalf.

Steps to Take After a Rideshare Accident 

Being involved in a rideshare accident can be disorienting, but quick and precise actions can significantly impact the outcome of your claim. Firstly, ensure your safety and seek medical attention promptly. Even if injuries are not immediately apparent, it is crucial to have a professional evaluation to detect and document potential physical impacts. Once immediate medical concerns are addressed, document the scene of the accident extensively. This includes taking photos of the vehicles involved, damages, road conditions, and any visible weather or environmental factors. Collecting eyewitness accounts and their contact information can also serve as vital evidence when filing a claim.

Another critical step is notifying law enforcement to ensure an official accident report is created. This report can be a cornerstone evidence piece in a claim. Following official documentation, promptly contact your insurance provider to notify them of the accident without delving into specifics that could affect future proceedings. Furthermore, consulting with a rideshare accident attorney in Las Vegas early can streamline the claim process, facilitate communication with insurance companies, and enhance the chance of receiving due compensation. Having legal guidance provides clarity and confidence in navigating the aftermath of such an unfortunate event.

What Is Uber?

The first thing to understand about Uber is that, unlike other rideshare options, it’s not actually a transportation company. Instead, it’s a mobile app that connects drivers with passengers. The app also manages passengers' payments, so no cash has to be exchanged.

Most people use the service known as UberX, which simply pairs a passenger with a nearby driver. The driver uses their personal car to pick up passengers and drop them off at their requested destination.

Uber hires the drivers as independent contractors. To qualify, they must have a qualifying personal vehicle and pass a limited background check. Once hired, they can log onto the mobile app and find passengers.

Important Factors in Rideshare Accident Claims

In recent years, rideshare services have thrown unexpected complications into the realms of auto insurance, liability law, and even employment law. As a result, managing a rideshare accident claim is often much more difficult than a typical car accident claim, which can catch the average claimant off guard. As your chosen Las Vegas rideshare accident lawyers, it will be part of our role to ensure you are ready for whatever comes next in your claim, starting with helping you understand a few important and unique factors in the average Uber or Lyft accident scenario.

Three things you should know about rideshare accidents are:

• Rideshare drivers are not employees: When an on-the-clock employee causes an accident that results in someone else’s injury, the company employing that worker can often be held accountable to some degree. However, rideshare drivers are not employees. Uber and Lyft have gone head-to-head with legislators and workers’ unions to ensure that drivers are kept classified as independent contractors, who are only loosely tied to the companies that provide their income. As such, a rideshare company has little obligation to provide damages after a crash caused by a driver using their apps.
• Bodily injury insurance policies: Even though Uber does not technically employ its drivers, the rideshare giant has promised to offer up to $1 million in bodily injury insurance coverage for every Uber ride. Under Uber’s policy – and similar policies most other rideshare companies offer – you can be reimbursed for medical bills related to your rideshare accident injuries up to the policy cap. Any other type of financial damage is not covered, though. There are also plenty of restrictions on this insurance policy coverage, such as it only applies when a rideshare driver has a passenger in their vehicle. If an Uber driver is in between fares, then any insurance from Uber will be heavily restricted, assuming it applies at all.
• Multiple claims at once: In a typical car accident, you only need to file one claim against one other driver, which is then answered by their insurer. In a rideshare accident, you should not be surprised if you have to bring a claim against or sue multiple parties in pursuit of all your owed damages, like those associated with lost wages and emotional trauma. You could feasibly file against the parent rideshare company, your rideshare driver and their insurance company, and any other drivers involved in the accident. Balancing so many claims at once is a task you should leave up to a professional attorney.

Common Causes of Rideshare Accidents

Common causes include:

• Distracted Driving: Rideshare drivers frequently use apps and GPS, which can divert attention from the road.
• Fatigue: Many rideshare drivers work late hours or long shifts, raising the likelihood of fatigue-related accidents.
• Traffic Violations: Speeding, failing to yield, and other traffic violations are common risk factors.
• Inexperienced Drivers: Some rideshare drivers may not have extensive experience handling challenging traffic situations.

What Are the Downsides of Ridesharing?

There is no doubt that there are many benefits to ridesharing services, including cost and convenience. However, because they are fairly new and lack the strict regulations of traditional taxis, there is also a wide range of potential issues.

Taxi accident lawsuits in some states, including California and Nevada, claim there are misrepresentations in the safety and background check practices. The companies claim their background checks require county, state, and federal checks that go back a minimum of seven years, however, drivers are not fingerprinted or undergo some of the in-depth checks required of cab drivers in most areas.

Some consumer advocates are also cautioning riders about Uber’s terms and conditions, which users must agree to when they download the app. These terms and conditions appear to shield the company from almost any imaginable liability, although these have not been tested in court.

Then there’s also the fact that the Uber and Lyft platforms are app-based, requiring the driver to use their cell phone extensively to find passengers, navigate to locations, and provide other information. Handheld cell phone use is illegal in Nevada and has been since 2012. While we can hope these drivers stay off their phones or use hands-free technology while driving, the temptation may be too much and distractions occur regardless.

How Can I Protect Myself?

Uber and Lyft claim passenger safety is a top priority, yet it is paramount that all passengers take steps to ensure their own safety when using any ridesharing service. This includes the following:

• Asking the driver not to use the app while driving, if necessary
• Ensuring the driver pictured in the app matches the driver at pick-up
• Screenshotting the driver’s name, license plate number, and photo and sending this information to a friend
• Choosing pick-up and drop-off at public spots when possible to keep your home location private
• Choosing a busy area for late-night pick-ups or drop-offs
• Keeping your mobile phone fully charged in case of an emergency
• Letting friends know where you are going and when you expect to arrive

What Damages Could Be Recovered in a Rideshare Accident Claim?

Possible damages may include:

• Medical Expenses: This covers the costs of emergency treatment, surgeries, medications, rehabilitation, and ongoing medical care related to injuries sustained in the accident.
• Lost Wages: If the injury stops you from working temporarily or permanently, you may be qualified for compensation for lost wages, lost earning capability, and future income.
• Pain and Suffering: Compensation may be awarded for the physical pain and emotional despair from the accident.
• Loss of Enjoyment of Life: Severe injuries that prevent you from enjoying previous activities or reduce your quality of life can be grounds for additional compensation.
• Property Damage: These costs might be recoverable if personal belongings were damaged in the accident.
• Punitive Damages: In instances involving especially egregious negligence, punitive damages could be granted to penalize the responsible party and discourage similar behavior.

Are Uber Drivers Covered?

Drivers for Uber, Lyft, and other ridesharing services also have to take certain precautions to protect themselves while working. One thing that many drivers do seem to be confused about is liability and insurance. In many cases, these concerns are the same as any traditional transportation company, but in other cases, there are even more questions raised about the driver’s liability in an accident.

Nevada Insurance Coverage and Limits (covered by the company)

• When in driver mode without a passenger:
  • $50,000 for bodily injury or death of any one person in any one accident, and up to $100,000 for bodily injury or death of two or more persons in any one accident, with up to $25,000 for injuries and destruction of property in any one accident.
• When a passenger has been picked up:
  • Insurance covers up to $1 million. That’s at a combined single limit, including bodily injury, death, and property damage.

This $50,000 policy is above the state minimum for regular drivers but pales in comparison to the policies taxi drivers and other commercial drivers are required to obtain on their vehicles.

Nevada Legislature Recently Passed Some Additional Requirements for Lyft & Uber Drivers

• All drivers must obtain a Nevada business license.
• Vehicles used must not be more than 8 years old.
• Drivers cannot spend over 16 hours in driver mode (or 12 hours of transporting passengers) within any 24-hour period.
• Must acquire Transportation Network Company decal.
  • Decal must be kept on the vehicle windshield, even while not in driver mode.
  • Decal is not transferable to other vehicles.
  • The decal must be shown with the company emblem when in driver mode

Frequently Asked Questions About Rideshare Accidents 

Can I Sue Uber or Lyft When Their Driver Was At Fault for the Crash?

Several legal guidelines apply when pursuing an Uber or Lyft driver for financial compensation after being injured in a crash. First, the injured person must fit into one of three categories: 1) Qualify as an Uber or Lyft rider; 2) The driver or passenger in a vehicle hit by an Uber or Lyft driver’s vehicle; 3) Be a bicyclist, pedestrian, or motorcyclist, who is hit and injured by a Lyft or Uber driver’s vehicle.

How Can I Prove My Injuries Were Caused in a Lyft or Uber Vehicle Accident?

As with any car accident claim, the person bringing the claim must be able to prove two things to pursue a successful outcome. We must be able to prove the Uber or Lyft driver was at fault and liable for the actual damages, which are your injuries. If you were injured by an Uber or Lyft driver, we must be able to prove that someone was negligent to have a valid claim.

What Steps Should I Take to Help My Situation If I Am Injured While Riding as a Lyft or Uber Passenger?

If you are a passenger in an Uber or Lyft vehicle that is involved in a collision, contact the police immediately to ensure a police report is filed. Take pictures of the collision, the location where it occurred, and any evidence that shows how the crash occurred. Record any contact information for other drivers and/or passengers who witnessed the collision so we may interview them later. Seek medical care immediately after leaving the Uber or Lyft accident scene, and contact our Nevada personal injury attorneys right away so we can take the lead in speaking with the insurance companies on your behalf.

What Should I Do If the Uber or Lyft Driver Flees the Scene?

In the unfortunate event that an Uber or Lyft driver flees the scene of an accident, it is imperative to take swift action. Contact local law enforcement immediately to report the incident, providing them as much detail as possible such as the driver’s appearance, vehicle make and model, license plate number, and the exact location of the accident. If there are any witnesses, try to gather their statements and personal information in case further details are required during the investigation.

Additionally, report the incident through the rideshare app. Both Uber and Lyft have mechanisms in place to deal with such situations, and documenting the event in-app ensures there is an official record. Retain medical documentation if needed, and seek coverage through your insurance policy for any injuries or damages incurred while parallelly pursuing potential avenues for compensation through the rideshare company. Navigating hit-and-run claims is complex, but a dedicated attorney can help ensure your rights are upheld during the process.

Can Injured Pedestrians File a Claim Against Uber or Lyft Drivers or the Company’s Insurance Policy?

If an Uber or Lyft driver was on duty and struck you while you were on foot, the third-party liability coverage provided by the company may apply. When these drivers are actively on the clock, either picking up or transporting a rider, they are covered by the company’s $1 million insurance policy. That means we may be able to pursue the master Uber or Lyft insurance policy when your injuries require extensive care that goes beyond the driver’s personal coverage.

What Types of Financial Compensation Is Available to Uber or Lyft Accident Victims?

Our Nevada Uber and Lyft attorneys will pursue all applicable damages for your injuries, including medical costs, lost wages, short- and long-term disabilities, partial or full disabilities, property damage, and other expenses resulting from the collision.

Can I Deal Directly With Uber Or Lyft’s Insurance Company? Or Do I Need An Attorney?

Unlike taxi operators, who are required to maintain commercial insurance coverage, ride-sharing vehicles often carry personal auto policies with limited coverage. Personal auto policies typically exclude ‘livery’, leaving their owners without coverage during a ride-sharing trip.

Regardless, if you are injured in a car accident involving a ride-sharing vehicle, you may be entitled to compensation for your damages and injury.

All auto accidents with injuries should be handled by a personal injury attorney. The insurance company will do everything it can to avoid paying for the full extent of your injuries, property damage, and overall financial needs that arise from the collision. When individuals pursue financial recovery from an insurance provider, they will be met with incredible resistance before a lesser payout is offered, if one is offered. The insurance provider will delay or completely deny your recovery payment for as long as possible when an attorney is not working diligently on your behalf. Contact our Uber and Lyft lawyers in Nevada if you have been hurt in a collision with one of their drivers so we can seek the maximum financial recovery you deserve.

What Steps Should I Take After a Rideshare Accident for Effective Documentation?

Following a rideshare accident, effective documentation is essential for supporting your claims. Begin by gathering as much visual evidence as possible. Capture photos and videos of vehicular damage, roadway conditions, involved parties, and their injuries. This visual proof can be significantly valuable if discrepancies arise later in your claim process. In parallel, have a detailed written account of your experience. Note weather conditions, time of day, and any unusual observations post-accident, such as seeing the driver using their phone or ignoring signals.

Medical records also serve as pivotal evidence. Get a comprehensive check-up even for seemingly minor injuries, ensuring there is a clear record of injuries sustained due to the accident. This helps prevent insurers from downplaying the severity of your injuries. Lastly, keep documentation of all correspondence with insurance adjusters, rideshare companies, and legal representatives to maintain a thorough chronology of interactions and statements made. Such diligence can simplify negotiations and contribute to achieving a fair resolution for your rideshare accident.

Contact Our Rideshare Accident Lawyer in Las Vegas Today

At Bertoldo Carter Smith & Cullen, we take pride in being able to provide compassion and trustworthiness to clients from all walks of life and backgrounds. We can assist with your rideshare accident claim whether you were a rideshare passenger, rideshare driver, or a third party, such as another motorist or a pedestrian. From start to finish, our goal will be to make your life easier by managing your claim and pursuing maximized compensation from all liable parties.

To work with our experienced Las Vegas rideshare accident attorneys, dial (702) 505-8115 today.