Las Vegas Ride Sharing Accident Attorney

How much compensation you receive will vary widely, depending on the insurance coverage that is available, what damages occurred, who was liable, whether you are determined to be partly at fault for the accident, the severity and extent of your injuries, and other factors. The Las Vegas Uber accident attorneys at Benson & Bingham have won as much as $2 million for victims of ridesharing accidents.

Leaving the scene of an accident is a crime in Nevada. Try to get any photos or video evidence of the driver fleeing the scene and call 911 immediately to report the accident. Include as many details about the driver as possible. Gather contact information for any witnesses or other parties in the accident. Because ridesharing occurs through Uber and other corporations, it’s likely that the driver will be found and penalized for their actions.

Working with an insurance company is just one part of a personal injury lawsuit. Contact a trusted Las Vegas Uber accident attorney at Benson & Bingham as soon as possible to discuss the situation. We will guide you in conversations with the insurance company to help you avoid accidentally admitting fault for the accident. Our attorneys will represent you in negotiations to maximize your settlement.

Compensation after any car accident will vary depending on the circumstances and your injuries, but can include all medical bills associated with the accident, including ongoing medical care needs; lost wages; reduced earning capacity, including anticipated promotions and bonuses, if your injuries prevent you from working as you were prior to the accident; pain and suffering; any ongoing care needs you have as a result of your injuries; emotional distress, trauma, and PTSD; reduced quality of life, wrongful death, and loss of companionship or loss of consortium. Our Las Vegas Uber car accident lawyer will uncover evidence to demonstrate your damages and promote maximum compensation on your behalf.

If a close family member died in an accident that was the result of someone else’s negligence or recklessness, your Las Vegas wrongful death lawyer may be able to assist you with a wrongful death lawsuit. This is similar to other personal injury claims but is filed on behalf of the deceased’s personal representative or closest living family member. You may be able to collect damages for loss of consortium, loss of companionship, pain and suffering, emotional trauma, loss of income, and other losses, including your own personal injuries, if you were also in the accident.

Our Las Vegas Uber accident attorneys specialize in car accidents and have extensive experience uncovering evidence, building arguments, negotiating with insurance companies and corporations, and other essential skills that will increase the likelihood of your personal injury claim’s success. We use our comprehensive legal knowledge and understanding of the process to guide you through each step so that you can focus on recovering from your injuries and moving forward with your life.

Uber drivers are required to carry insurance on their vehicles, which is legally mandated by the state. Drivers who register their vehicles in Nevada are required to have a minimum of $25,000 for bodily injury or the death of one person, and $50,000 for the bodily injury or death of two or more people in a single accident. Drivers are also required to have $20,000 in coverage for property damage liability.

When a driver is driving his or her vehicle for personal reasons, this insurance is available to cover damages caused. However, when a driver is en route to pick up a passenger or has a passenger in the car, his or her personal insurance may not cover the accident, as it occurred while the vehicle was being used for commercial purposes. Because of this, Uber provides an increased amount of insurance while an Uber driver has his or her app engaged or is in the process of transporting a passenger.

These amounts include:

• If the driver is online awaiting a ride request: $50,000 for bodily injury or death of one person, $100,000 in bodily injury coverage, as well as $25,000 for property damage liability per accident.
• If the driver is en route to pick up a passenger or is transporting a passenger: Uber provides a $1 million third-party liability policy as well as an uninsured/underinsured motorist bodily injury policy and comprehensive and collision insurance contingent on the driver maintaining a comprehensive and collision policy on his or her own insurance policy. Accessing Uber’s comprehensive and collision policy requires a $1,000 deductible paid for by the driver.

Uber states in its policies that it conducts a background check on every driver before his or her first trip, and once a year after that. This check screens for driving violations, impaired driving, and violent crime. Additionally, the company states that it employs technology through its platform that can alert Uber if a driver has been charged with a criminal offense between annual screenings.

Because Uber classifies its workers as independent contractors instead of employees, the company is shielded from much of the liability resulting from the actions of its drivers. However, if there is evidence that Uber was negligent in its background screening, the company could potentially be liable for the accident that caused your injuries.

The driver is generally liable for injuries sustained by his or her passengers if the driver gets into an accident, but compensation will likely come from Uber’s insurance policy rather than from the driver’s policy.

According to Uber’s Zero Tolerance Policy, if you suspect that your driver is drunk, you should end the trip immediately, exit the vehicle, and call 911. You should also access your Uber app and provide feedback.

The statute of limitations to file a Nevada Uber accident lawsuit is two years from the date of the injury.

While there is no doubt that the Uber app—which the driver must use and consult while driving—can be a distraction, there have been many lawsuits filed that alleged this very point. However, the lawsuits are not generally successful due to the driver’s status as an independent contractor and his or her choice to consult the app while in dangerous driving conditions. Generally, liability would remain with the driver in such a situation.

Motor vehicle accidents involving Uber and Lyft drivers are handled no differently than any other accident case. Drivers are the primary defendant with the owner’s insurance policy being the first insurance used; with ride sharing companies the insurance policy of Uber or Lyft would be the primary by virtue of the new law and contractual agreements between the operators and the companies. Uber accidents will have the same kinds of causes of action in a lawsuit as any other taxi lawsuit: Negligence/Negligent operation, Negligence per se, Vicarious Liability, Respondeat Superior, and in some cases Negligent Hiring. The big distinction in a ride sharing company versus a taxi cab operation in Nevada is that taxi’s are owned by the taxi company; of the 14 or so licensed taxi cab operators, they received the bulk of the revenue for hauls with driver coming to work and driving the taxi’s vehicle. Uber drivers are the opposite: they own their vehicles and have private insurance on those, and when they are driving passengers for Uber or Lyft then the respective ride sharing companies’ insurance becomes primary

Benson & BinghamThe interesting issue is whether the ride sharing company can be sued as an “employer” in a typical lawsuit setting where respondeat superior is alleged, or in laymen’s terms, whether the employer is legally liable for the acts of its employees. Nevada subscribes to vicarious liability law; however, the issue becomes whether the ride sharing company is in fact the employer, or are they just a technology company offering the connection between the driver and the passenger? Another question is whether the payment relationship between Uber and Lyft and their drivers– is it such that Uber is paying the driver or is the driver paying Uber? The reasons such distinctions matter is that Uber may argue that they are not the employer, and the drivers are merely independent who drive when, where, and how long they want and merely pay Uber a transaction or commission on the fare. Thus, they are independent contractors offering rides from A to B.

These distinctions are important when a legal analysis is considered to hold Uber or Lyft legally liable for amounts over the $1,500,000.00 legal liability mandate. In the event of a wrongful death action or a serious injury accident case, $1.5M in liability coverage is not going to be enough to compensate injury victims. A lawsuit directly tying Uber or Lyft to the accident is crucial. Arguing the specific elements of respondeat superior and the theories of legal liability including whether the contractor is truly independent. Some of these issues may be statutory in nature. If you need legal advice concerning a ride sharing company like Uber or Lyft, contact Benson & Bingham who will educate and advise you on your personal injury and liability options.

• See Also: Uber and Lfyt Ridesharing and Insurance Policy Limits in Nevada
• See Also: UBER Driver Liability Limits: Customers vs. Non-Contracted Passengers?