Las Vegas Uber and Lyft Accident Lawyer

If you are going anywhere in Las Vegas for a night out, then taking an Uber or Lyft is one of the best options to ensure that you get where you need to be safely and securely. However, whether you take an Uber or a Lyft there is always the possibility of getting into a car accident.

According to a ride sharing and motor vehicle crash report from the Center of Disease Control (CDC), ridesharing vehicles increases the number of possible traffic accidents by 4.6% due to the notion that rideshare drivers increase the amount of cars on the road and, as a result, it increases the likelihood of being in a car accident. Whether you are a local or a tourist, an Uber or Lyft accident can happen to anybody and if you suffered injuries due to someone’s negligence then you may be entitled to financial compensation.

At West Coast Trial Lawyers, we are experienced in handling rideshare accident cases and are prepared for any possible developments that may arise. From an Uber or Lyft driver crashing into your car to being injured during your Uber or Lyft trip, our team of professional and dedicated rideshare accident lawyers have seen them all and are ready to help guide you through the legal process.

We run on a contingency-fee basis, meaning you pay no fees until you win. To schedule a FREE consultation, you can get in touch with us by calling us at (213) 927-3700 or by filling out our quick online contact form.

Is An Uber/Lyft Driver An Employee or Independent Contractor?

According to section 616B.603 of the Nevada Revised Statutes, an app-based driver is deemed to be an independent contractor, however, in the state of Nevada, every contract driver must apply for a business license in order to work for rideshare companies like Uber and Lyft.

As a result, this allows rideshare companies to onboard as many drivers they desire, however, due to the sheer number of independent contractors, there is an expedited and simplified training process for new drivers. Should there be any rideshare accidents in Las Vegas, Uber and Lyft have a comprehensive insurance policy that covers property damages and injuries for accident victims.

However, it is important to note that these insurance policies are only active under certain guidelines and requirements to ensure that a rideshare company does not consistently pay multiple claims and damages to accident victims.

Leading Causes of Uber and Lyft Accidents in Las Vegas

When it comes to determining the top leading causes of rideshare accidents in Las Vegas, there are a number of factors that come into play, however, it can be pinpointed down to the driver’s error such as impaired and negligent driving. If you have been involved in a Uber accident and would like to file a claim, it is important to understand the differences between these causes in order to better understand who is liable for the incurred damages.

Impaired Driving

Arguably one of the most common causes of traffic accidents in the United States, a rideshare accident due to an impaired driver is one of the most frequent no matter what city or state you live in. This is due to the fact that there are many different factors that could affect a driver’s judgment such as alcohol and a lack of sleep.

According to a Global Road Safety report conducted by the CDC, more than 28% of all fatal crashes in the U.S. result from impaired driving, and in Las Vegas alone, about 42.7% of all traffic related crashes are derived from impaired driving incidents. Meanwhile in an adjacent Nevada Traffic Safety Crash Fact infographic, roughly 46.9% of Nevada’s fatalities are due to impaired driving accidents.

On top of all that, a drowsy driving survey conducted by the CDC has reported that 1 in 25 adults have admitted to have fallen asleep while driving and in 2017 alone, over 91,000 traffic accidents were caused by drowsy driving. With these statistics in mind, the chances of an Uber accident involving an impaired driver is significantly high in Las Vegas. As a result, if you have been in an Uber accident due to an impaired driver, it is important that you hire an accident lawyer to ensure your injuries and damages are properly compensated.

Negligent Driving

Negligent driving is the next leading cause of all traffic accidents, and to specify, driving practices such as speeding, illegal turns, not yielding the right of way, and inappropriately changing lanes are all considered to be negligent driving practices. According to the Nevada Traffic Safety Crash Fact infographic, approximately 32% of Nevada’s fatalities are due to speeding and 37% are from improper lane changes.

In regards to rideshare drivers, a AAA article has indicated that rideshare drivers are typically dependent on tips in order to cover their expenses and make a profit, and, as a result, they are focused on providing exceptional service to their passengers such as dropping them off at their destination in a quick manner.

Considering how there are roughly over 40 million tourists who visit Las Vegas every year, Uber and Lyft drivers are tempted to intentionally cut corners and conduct negligent driving practices to not only to make as many trips as possible, but to incentivize their passengers to tip their drivers for a speedy service.

Common Types of Injuries Eligible For Compensation

All Uber accidents in Las Vegas have their own unique set of circumstances. Whether you have been involved in a severe accident or a minor one, the chances of receiving an injury is significantly high. If you have been involved in a rideshare accident and are experiencing any of the following injuries, seek immediate medical attention before any of your conditions become worse.

• Whiplash
• Spinal cord injuries
• Traumatic brain injuries
• Soft tissue injuries
• Bone fractures
• Burn injuries
• Internal bleeding
• Paralysis

How Long Do You Have to File a Claim After a Uber or Lyft Accident?

If you were involved in a Uber or Lyft accident and have suffered injuries, you have up to two years to file a personal injury claim according to Section 171.090 of the Nevada Revised Statutes. However, if the car accident in question was deemed to be a felony with serious injuries and medical expenses, then Section 171.085 states that you have up to four years to file a claim in order to recover compensation.

If you wait too long to file a claim, then you risk losing the right to pursue legal action and you will not be able to recover compensation for the automobile accident in question. So it is important that no matter what kind of claim you file with your personal injury attorney, it is recommended to file it as soon as possible, because establishing liability in an Uber and Lyft accident is more time consuming than one would imagine.

Who is Liable in a Rideshare Accident?

Naturally, being involved in a rideshare accident can bring up some complexities that might make it difficult to determine liability. This is mainly due to the fact that ridesharing companies like Uber and Lyft employ independent contractors and are not vicariously liable for their driver’s actions, because they are not full-time employees.

While the limits of vicarious liability is dependent on the jurisdiction and circumstances of the accident in question, there have been several instances where Uber and Lyft have been held liable for the actions of their drivers. As such, if you have been involved in an Uber or Lyft accident, it is important to understand the complexities of some possible accidents in order to correctly file a personal injury claim for your attorney.

Your Uber or Lyft Driver Gets Into an Accident

If your Uber or Lyft driver gets into an accident while you are a passenger, it is important that you document all of the details of the car accident, because as a passenger you have the option and right to report the accident to the rideshare company.

Once you have made the report with all of the necessary details, the rideshare company’s insurance and the other driver’s insurance provider will determine liability in the accident and depending on whether or not you have been injured, you may receive a payment for any medical bills.

According to Uber’s Insurance Coverage for Drivers, Uber drivers have a company insurance policy that covers at least $1,000,000 for property damage and injuries to riders and third parties involved in an accident. However, if you haven’t received compensation for your injuries in a rideshare accident, then it is recommended to consult with an rideshare accident lawyer so they can file a claim with the insurance company that is responsible for issuing payments.

You Have Gotten Into an Accident With a Rideshare Driver

If you have gotten into an accident involving a Lyft or Uber driver, then it is best to handle the accident like any other car accident that you may have been in. Be sure to record and document the car accident for your personal records and for when you make a claim to your insurance company, and exchange contact info with the Lyft or Uber driver.

The liability of this scenario will be determined by who caused the accident in question and compensation for any property damage or medical expenses will be delivered by the liable driver’s insurance company.

However, it is important to note for Uber and Lyft drivers, their insurance coverage will be dependent on several factors such as their trip status and company insurance eligibility. Should Uber or Lyft’s insurance coverage is not eligible for the rideshare driver in the car accident, then the compensation would come out of the rideshare driver’s personal insurance company.

Hitting a Pedestrian as a Rideshare Driver

If you are a rideshare driver and hit a pedestrian during a trip, then the driver accepts all liable damages for the accident scene, this includes medical bills, lost wages, and any personal injury lawyer fees. The passenger of rideshare drivers cannot be held liable for the damages and injuries of the hit pedestrian. The possible only exception to this rule is unless the passenger had a significant role that caused the driver to hit the pedestrian.

You Have Been In An Accident While Picking up/Dropping off a Passenger

For Uber and Lyft drivers, if you have been in an accident while you are picking up and/or dropping off a passenger, your Uber and Lyft’s liability insurance coverage will be dependent on your trip status and the severity of the accident. For instance, Lyft’s drivers insurance policy lists several different ranges of coverage depending on your trip status.

According to Lyft’s insurance policy, if a driver gets into an accident while the app is on, the rideshare company’s insurance will cover up $50,000 to $100,000 for bodily injury and $25,000 for property damage. However, this is only applicable if the driver’s personal insurance policy does not cover these rates.

Meanwhile, if a Lyft driver gets into an accident during a trip, Lyft’s insurance policy has at least $1,000,000 to cover any damage or injury depending on the severity of the accident and the insurance coverage of both parties.

What To Do If You Are in a Rideshare Accident?

If you are subjected to a Las Vegas Uber accident, it is absolutely vital to call 911 for immediate medical assistance and law enforcement to help contain the accident. After that, it is recommended to take photos of the incident for your own records and for when you file a personal injury lawsuit should you choose to seek compensation and legal representation.

If you are worried or unsure about the total value of your claim, an experienced Uber or Lyft accident lawyer will be able to appropriately determine the value of your claim and find out who is liable for all of the sustained damages.

Our Uber and Lyft Accident Lawyers Are Here To Help

If you were involved in an Uber or Lyft accident due to someone’s negligence, you may be eligible for financial compensation. As car accidents can potentially leave you with serious injuries, rideshare accident claims can take a significant amount of time to process due to the complexities of determining liability. That is why it is important that you find legal representation that has your best interests at heart.

At West Coast Trial Lawyers, we are readily available to help with your Uber or Lyft accident claim. We are a reputable personal injury law firm that has recovered over $1.6 billion in financial compensation for our clients and we will continue to do our duty to ensure they receive the full and fair compensation they deserve.

Our team of attorneys are well versed in Nevada state law and they handle each case with care and integrity to ensure our clients get the best possible financial compensation. To schedule a FREE consultation, we welcome you to reach out to our 24/7 legal team by calling us at (213) 927-3700 or by completing our easy online contact form.

Most Frequently Asked Questions About Las Vegas Uber and Lyft Accidents

What Should You Do After Being Involved In an Uber And Lyft Accident?

If you have been involved in an Uber and Lyft accident in Las Vegas, call 911 if the accident is severe and there are those who need immediate medical attention. If no one requires immediate medical attention, then it is recommended to record and document the incident by taking photos and filing claims to Uber/Lyft so they can process it and determine who is liable in the accident.

If there are any issues in how the insurance company determined liability, or if you have not received fair compensation for your Lyft/Uber accident case, then it is recommended to pursue legal representation for your case.

How Long Do I Have to File a Claim if I Was Injured?

In Las Vegas, you have up to two years to file a misdemeanor according to Section 171.090 of the Nevada Revised Statutes. However, if the car accident is more serious and is deemed to be a felony then Section 171.085 dictates that you have up to four years to file a claim in order to recover compensation.

Whether it is a misdemeanor or a felony, it is best to file a claim with an accident lawyer as soon as possible. When you do, it is recommended to bring proof to support your claim and proof can come in the form of pictures, medical expenses, police reports, and witness statements. That way an experienced attorney would be able to quickly make the necessary filings quicker for your claim.

How Is Liability Determined in Nevada?

According to section 41.1395 of Nevada’s Revised Statutes, liability is determined by whoever is most at fault of the alleged incident and the victim would be eligible to receive compensation for the incurred damages. This means that if you are less than 50% responsible for the incurred accident, then you will not be held liable for the accident.

However most rideshare accidents take more time to determine liability because there are multiple insurance companies that conduct their own investigation (the rideshare driver’s insurance company, other driver’s insurance provider, and the affiliated insurance provider used by the rideshare company).