Transportation network companies, also known as rideshare companies, have been popular in Las Vegas. People like these Uber or Lyft services because they are often faster and more affordable than cabs. They make it easy to get around the city.
Las Vegas Review Journal reports that the ridesharing industry has experienced significant growth in the past few years. This is evident in cities like Las Vegas. The number of pickups for ride-hailing companies surged from 1.03 million in the past years, the inaugural year of service in Las Vegas, to 2.78 million in recent years. This rapid increase demonstrates consumers’ growing popularity and adoption of ridesharing services during this period.
However, just as with any other vehicle, there is the risk of accidents. If you have been in an Uber or Lyft accident as a passenger, you might be wondering more about the Nevada rideshare accident laws. Let’s look at some of the basics to give you a better idea of what to expect.
Is Nevada an At-Fault State?
Yes, Nevada is an at-fault state when an auto accident occurred. This means that fault is assigned to one or more parties involved based on their actions or negligence.
The concept of fault still applies to ridesharing accidents, such as those involving companies like Uber or Lyft. If a ridesharing driver is found to be at fault for causing an accident, they may be held liable for damages resulting from the accident. This could include injuries to passengers, other drivers, or pedestrians and damage to vehicles or property.
In Nevada, as in other at-fault states, determining fault in a ridesharing accident will involve investigating the circumstances of the accident, including factors like:
- Driver behavior
- Road conditions
- Any applicable traffic laws
Insurance companies, legal representatives, and sometimes law enforcement authorities may be involved in this process to establish liability and determine compensation for those affected by the accident.
As you can imagine, determining who is at fault is extremely important. However, this can be next to impossible to do on your own. Instead, work with a professional like a Las Vegas Uber accident lawyer.
Who Is Responsible for the Rideshare Accident in Nevada?
As mentioned, you need to figure out who is at fault for the accident. This is going to vary from case to case, of course, and it will generally take the practiced eye of an attorney to get to the bottom of things. It could be the Uber and Lyft rideshare drivers, a driver in another vehicle, a cyclist, a pedestrian, etc. There is even a chance it could be the fault of the vehicle manufacturer if there is a defect. It will all depend on the circumstances of the accident.
Attorneys will want to gather evidence, such as police reports, videos, photos, and witness statements. They need to get a better idea of what happened so they can determine who they believe is at fault.
Liability for Nevada Ridesharing Accidents
Things can get a bit tricky when it comes to determining who is liable for the accident. It will depend on when it occurred and the state of the driver’s app at the time. The Nevada law coverage is separated into three periods.
Period 1
The first period is when there is no ride-hailing activity by the driver. They are not carrying any passengers and they are not actively seeking them. The app isn’t on and they are using their vehicle for personal use rather than driving passengers.
During this period, the ridesharing company is not responsible for anything the driver does. In those cases, the driver’s personal insurance (rather than the rideshare company’s insurance) will be responsible for paying in the event of an accident.
Period 2
The second period refers to when the driver is active and the app is on, but they have not yet accepted an assignment. In those cases, the ridesharing company provides contingent liability. At this time the driver’s insurance provides the primary coverage, but the ridesharing service will cover any excess damage.
Period 3
Period 3 covers actual drives from the minute the rideshare driver accepts a request, through the drive, and until they drop off the passengers at their destination and the trip ends in their app. During this period, the rideshare company’s commercial liability policy will be liable.
What Damages Could Be Recovered?
Those who have been injured in a rideshare accident in Nevada may be wondering what they can seek compensation for after the accident. Again, it will vary from one case to another. However, some of the common damages people seek are compensation for lost wages, medical bills, car repair bills, pain and suffering, long- or short-term care, potential future medical expenses, and therapy.
The amount that you could get for compensation will vary based on a host of factors surrounding the accident. What were the circumstances? How injured are you and will you recover fully? Was another party entirely at fault? Something to keep in mind is that under Nevada’s comparative negligence law, accident victims can recover damages as long as the other party was at least 50% responsible for the accident.
All of these and more will be factored into the case when determining how much you might be able to recover in damages. It can get confusing. If you want to get a better idea of your chance with your case, get in touch with an attorney.
Challenges and Considerations in Rideshare Accident Cases
Handling rideshare accident cases presents unique challenges and considerations due to the involvement of a ride-share vehicle, drivers employed by any transportation network company, passengers’ transportation, the use of the Uber or Lyft app, and the complexities of the ridesharing company’s insurance claim process.
Identification of Liable Parties
Determining liability in rideshare accidents can be complex. Depending on the circumstances, liable parties may include the ride-share driver, other drivers involved in the accident, and the ridesharing company.
Insurance Coverage
Rideshare drivers typically have insurance coverage provided by the ridesharing company, but the extent of coverage can vary depending on whether the driver was actively transporting passengers, awaiting a ride request, or offline at the time of the accident. Coordinating between the driver’s personal insurance, the ridesharing company’s insurance, and any additional insurance held by other parties can be challenging.
Proof of Liability
Collecting evidence to determine liability may involve obtaining data from the ridesharing company, such as records of the driver’s activity on the app, GPS data, and communications between the driver and the company.
Passenger Injuries
In accidents involving ridesharing vehicles, passengers may sustain injuries. Determining the extent of their injuries, calculating damages, and ensuring they receive appropriate compensation can be complex, especially if multiple parties are involved.
Negligence of Drivers
Proving negligence by the ride-share driver or other drivers involved in the accident is crucial for a successful case. This may involve gathering witness testimony, obtaining accident reports, analyzing traffic camera footage, and assessing the drivers’ behavior leading up to the accident.
State and Local Regulations
Different jurisdictions may have specific laws and regulations governing ridesharing services, which can impact liability and insurance coverage in accident cases.
Classifying Drivers
Ridesharing companies often classify their drivers as independent contractors rather than employees. This classification can affect the company’s liability and may present additional legal complexities in accident cases.
Third-Party Claims
In some cases, parties other than the drivers and passengers may be injured in a rideshare accident, such as pedestrians or occupants of other vehicles. Handling claims from these third parties adds another layer of complexity to the case.
Disputes with ridesharing Companies
Resolving disputes with ridesharing companies over liability, insurance coverage, or compensation can be challenging, requiring legal expertise and negotiation skills.
Statute of Limitations
It’s important to be aware of the statute of limitations for filing a personal injury claim related to a rideshare accident, as missing the deadline can bar the injured party from seeking compensation.
Contact a Las Vegas Rideshare Accident Attorney Today
The simplest thing you can do is connect with a Las Vegas Uber accident lawyer as soon as possible. They can provide you with peace of mind and make going through the case much easier. The sooner you contact them the better off you will be, as they can take a lot of worry off your plate.
As you can see, a lot goes into these types of cases. While regular car accident cases are problematic enough, these often have other elements that can make them even more difficult to understand.
Have you or a loved one been injured in a rideshare accident? If so, you are likely looking for help from someone who knows and understands what you are going through. You should be focused on making a recovery. Let the professionals help you. We hope the information you’ve found on this page has been helpful. If you would like, you can speak with our personal injury lawyer at Temple Injury Law about your situation. Contact us through our site or call us. We would love to talk with you about your case.