Nevada Rideshare Accident Lawsuit Guide: Uber & Lyft Injury Claims Explained

“Liability” is a legal term that means who is legally at fault. More than one person or company can be at fault.

The facts will determine who can file a rideshare accident lawsuit. For example, the plaintiff could be the rideshare passenger, another driver, or a pedestrian.

The Uber or Lyft Driver

Distracted driving canincrease the risk of serious crashes and fatalities.

The rideshare driver may be responsible if they were:

• Speeding
• Tailgating
• Running a red light
• Changing lanes without looking
• Tired

Uber and Lyft drivers also receive alerts from the app that may distract them. If they are driving in an unfamiliar neighborhood, they may look at their GPS.

Distracted driving accidents can happen in a split second.

Uber or Lyft as a Transportation Network Company

In Nevada, rideshares are governed by the transportation network company rules in NRS Chapter 706A.

Many rideshare companies classify their drivers as independent contractors, not employees. This can make winning a lawsuit difficult.

An attorney will look at whether the company’s policies were an issue. They may look at the driver screening process. Safety reports or complaints about the driver can also affect the lawsuit.

Other Liable Parties

An attorney may look at other parties for potential liability.

This can include:

• Other drivers
• Repair shops
• Parts manufacturers
• Road construction contractors
• Public or government agencies

If the claim is against a public agency, other rules may apply. A lawyer can advise you on the best course of action.

Most rideshare accident claims will go through the insurance company. Nevada rideshare accident claims may involve multiple insurance policies and complicated liability issues.

In some accidents, the injured person may sue a rideshare company directly. A lawyer can determine if you should bring a lawsuit for a rideshare accident against the company.

A rideshare accident claim often hinges on one question: What was the driver doing in the app at the time of the crash?

The answer to this question can determine insurance coverage.

Period 1: Driver Is Offline

If the driver wasn’t using the rideshare app, their personal auto insurance usually applies.

Period 2: Driver Is Logged In and Waiting for a Ride Request

In this case, limited rideshare coverage may apply. The insurance companies may argue over which policy should apply.

Period 3: Driver Accepted a Ride or Has a Passenger

Once a driver accepts a ride, higher rideshare coverage may kick in. This may include pickup time and the time the rider is in the car. Lyft provides commercial insurance coverage during certain periods of an active trip.

What Uber and Lyft’s $1 Million Insurance Policies May Cover

Nevada law requires rideshare companies to carry at least $1 million in coverage for active trips.

These policies may cover:

• Bodily injury
• Wrongful death
• Property damage

A million-dollar insurance policy doesn’t guarantee a payout. What matters are the facts.

When Multiple Insurance Companies Are Involved

One crash can involve several insurance companies and policies.

• The driver’s personal insurance
• Uber or Lyft’s commercial insurance
• Another driver’s insurance
• Underinsured or uninsured motorist insurance
• Health insurance

A lawyer can help sort out which policy should apply.

There are many reasons why rideshare crashes can occur. Common causes include distracted driving, speeding, unsafe pickups, and fatigue.

Adrowsy driver is more likely to have slow reaction time. Fatigue can impair decision-making.

Hotels, casinos, and airports can also be areas where sudden stops and unsafe maneuvers occur.

Rideshare crashes can cause physical and emotional trauma. Some injuries, like neck pain and bruising, can be mild. Other injuries, like internal bleeding, can be life-threatening.

Whiplash can cause neck pain, headaches, and limited mobility.Traumatic brain injuries can cause headaches, confusion, and memory loss.

Some injuries may not show up right away. Even if you feel fine, it’s important to get checked out by a doctor.

How much the court may award you depends on several factors. Medical bills, lost income, fault, and insurance coverage will affect the final number.

Economic Damages

Economic damages are money losses you can often show through bills, records, and receipts.

You may have bills from emergency care, surgery, and physical therapy. If you can’t work, you may be able to show lost wages or reduced future income. Car repairs and rental car costs are also a form of economic damages.

Non-Economic and Wrongful Death Damages

Non-economic damages may include pain, fear, stress, loss of sleep, reduced joy, and limits on daily life.

If someone dies in an accident, their family members may sue for wrongful death. These claims can ask for funeral expenses and lost financial support.

The court will look at all the evidence and decide who is responsible.

They may consider:

• Police reports
• Photos
• Witness statements
• Traffic cam footage
• Dashcam clips
• App records
• GPS data
• Medical records

Comparative Negligence and Shared Fault Rules

Nevada uses a modified comparative negligence rule.

If the injured person was partly at fault, the court may reduce their compensation. You may still receive damages if you were not more than 50% at fault.

The insurance company may try to shift the blame. If they succeed, this can reduce how much they have to pay out.

You’ve been involved in an accident. You may feel overwhelmed. Maybe you’re in pain.

In these moments, you should try to stay calm. Focus on staying safe, and don’t admit fault.

• Call 911
• Get medical care
• Take pictures
• Record videos
• Report the crash in the app
• Save your ride receipt
• Get witness details
• Contact a lawyer

As your claim progresses, you should:

• Keep bills and records
• Be careful when talking to insurance companies.

Don’t rely on the app report. Keep your own records, too.

If you have an injury case, the first step is to file a claim with the insurance company. An insurance adjuster may review all the available records.

The insurance company may accept fault. They may deny the claim or make a settlement offer.

If the parties can’t agree, then the injured person may need to file a lawsuit.

Las Vegas is a hot tourist spot that attracts millions of visitors. It also brings unique rideshare risks. Uber and Lyft are a popular way for visitors to get around the city.

Here are some of the issues that rideshares bring to the city:

• Hit-and-runs
• Uninsured drivers
• Out-of-state passengers
• Multi-car crashes
• Sexual assault claims
• Crashes involving pedestrians
• Crashes involving tourists

A rideshare accident lawyer can work on the case so you can focus on healing. An attorney will investigate the crash and deal with the insurance companies. They can also file a lawsuit and review settlement offers.

At Winder Law Firm, we believe legal help should be compassionate. We give you the personal attention you deserve.

If you were hurt in an Uber or Lyft crash, don’t wait too long to contact an attorney. Nevada lawlimits the amount of time you have to file a personal injury claim.

It may be more difficult to collect records. Witnesses can forget important details. People may delete photos and videos.

Get a Free Initial Consultation for a Rideshare Accident Lawsuit by contacting Winder Law Firm. We can review the details and explain your options.

Come see us, we are located at:
7785 W Sahara Ave Suite 100, Las Vegas, NV 89117