Rideshare Accident Lawyers 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 ridesharing 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, then figuring out who is liable for your damages can be a challenge. You can simplify your case and remove much of the situation’s 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 lawyers in Las Vegas by dialing (702) 505-8115 today – it’s that simple!

What Is Uber?

The first thing to understand about Uber is that, unlike other ride-sharing options, it’s not actually a transportation company. Instead, it’s a mobile app that connects drivers with passengers. The app also manages passenger’s 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 his 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 job 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 case.

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 ride-sharing services, including cost and convenience. 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 ride-sharing 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 in order 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 to 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 ride-sharing 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 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 and 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

Uber/Lyft Page Faqs

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 case, 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 claim.

What Steps Should I Take To Help My Case 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.

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.

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 a maximized compensation amount from all liable parties.

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