Las Vegas Uber Accident Lawyer

What you do after being involved in an accident may have a meaningful impact on your health and your potential case. Mistakes made early may reduce or destroy its value.

Things to Do to Protect Yourself and Your Claim

Assess for Injuries, Then Relocate to a Safer Area

Check yourself and others for injuries and, if safe to do so, move out of traffic. Stay at the scene of the collision but park the vehicle, if possible, to reduce the risk of further accidents.

Call 911 and Report the Accident

Under NRS 484E.070, a crash report is required when a motor vehicle crash results in bodily injury, death, or property damage of $750 or more. The driver of the vehicle involved must file this report with the Nevada Department of Public Safety. This applies unless a law enforcement agency has already prepared a report.

Seek Medical Attention (Even if Symptoms Appear Later)

Some injuries like whiplash, concussions or internal bleeding don’t show symptoms until later. This gives insurance companies a chance to argue the injury is not serious if medical attention is delayed.

Gather Evidence and Ride Details

The driver and car registration, screenshots of the trip status, details of any witnesses are all important. Also take photos of the vehicles, road layout at the time of collision, any injuries, and the surrounding area.

Report the Accident to Uber

You can also report the accident through the Uber app or website, which starts Uber’s insurance review process.

Do Not Speak with Insurance Companies Alone

Adjusters are trained to minimize your claim and blame you. It is not recommended to give a statement without first speaking with an attorney. An Uber accident attorney in Las Vegas can help handle the communications on your behalf.

Liability is how someone is financially responsible for the damages incurred. Nevada is a comparative fault state, so your recovery will be reduced by your share of fault.

Understanding Negligence and Liability

Negligence is failing to use the care an ordinary driver would, such as speeding, driving distracted, or driving under the influence. Duty, breach, cause, and damage must all be proven to recover damages.

Potentially Liable Parties

There are often multiple sources liable, and identifying all potential sources of recovery is important.

Uber Driver

Typically, the driver is a liable party. Common driving negligence includes things like distracted driving, driving while fatigued, and reckless driving.

Uber as a Company (Limited Situations)

Uber is not usually vicariously liable because its drivers are independent contractors. Vicarious liability is a legal doctrine by which a person or entity may be held liable for the negligent actions of another due to the link between the two, according to the Cornell Law Institute.

This most commonly applies to employers held responsible for damage caused by employees while acting within their employment.

There are limited cases where Uber itself might be named for negligent hiring or for violating its own policy.

Third-Party Drivers

Furthermore, in many Uber accidents, another driver causes the accident. The claim may first need to be brought against the at-fault driver.

Vehicle or Parts Manufacturers

Brakes, tires, and other similar parts can fail and cause a crash. These mechanical failures are very rare and subject to product liability law.

This is the most complicated part of an Uber accident claim. The amount of coverage available depends on what status the driver was showing on the app.

Driver Status and Insurance Coverage Levels

App Off

In addition, when the app is off, Uber does not provide auto liability insurance, so claims rely on the driver’s personal insurance policy.

App On, No Ride Accepted

If the driver was logged into the Uber app, but has not yet accepted a ride, the minimum TNC insurance coverage in Nevada under NRS 690B.470 may be $50,000 for one person and $100,000 for an accident for bodily injury. Property damage coverage is $25,000. A Las Vegas Uber accident attorney can provide more information.

Ride Accepted or In Progress

Once a ride has been accepted or the passenger has entered the vehicle, liability coverage is up to $1,000,000. This may include uninsured and underinsured motorist coverage.

When Multiple Insurance Policies Apply

In situations with potential overlap of personal and Uber insurance coverage (for instance, when a third party is driving Uber), the question of primary vs. excess insurance is also raised. Experienced Las Vegas Uber accident attorneys can help sort out which policy takes the lead.

The injuries sustained in an Uber accident can range from mild to severe, often impacting the case’s value and the victim’s future.

Physical Injuries

Whiplash and Neck Injuries

Common injuries include soft tissue injuries, which are not usually felt until several hours or days after the crash. These are particularly common in rear-end collisions.

Head Injuries and Concussions

Another dangerous effect can be traumatic brain injury, including dizziness, memory loss, or chronic headache.

Broken Bones and Internal Injuries

Fractures, injuries to organs, and internal bleeding may require hospitalization or surgery at great expense.

Long-Term and Non-Physical Effects

Chronic Pain

Chronic pain can be debilitating, preventing someone from being able to perform daily activities and to work.

Emotional Distress and Trauma

Common psychological injuries include anxiety, post-traumatic stress disorder, fear of driving, or fear of riding. Non-economic damages may be awarded for those types of injuries. An Uber crash lawyer can help evaluate your claim.

Otherwise, there is no set limit to the amount for which a victim in an Uber accident can file a personal injury lawsuit.

Economic Damages

Medical Bills (Past and Future)

This includes ER visits, surgery, rehabilitation, medications, and future care needs.

Lost Wages and Loss of Earning Capacity

Missing work time is not the same as a long-term decline in earning capacity.

Property Damage

In particular, economic damages include car repair or replacement and personal property damages.

Non-Economic Damages

Pain and Suffering

This includes both physical injuries and emotional distress from the crash.

Quality of Life Decrease

Things that bring enjoyment to people, such as hobbies, relationships, and routines, may become compensatory.

Punitive Damages

Only in extreme cases such as DUI and reckless misconduct is there a possibility of punitive damages. These are designed to punish, rather than to compensate the victim.

Filing an Insurance Claim vs. Lawsuit

Typically, these cases begin with an insurance claim, and if that is declined or the insurer’s offer is too low, a lawsuit is filed.

Why Insurance Companies Undervalue Claims

Adjusters often may try to lowball victims quickly, dispute their injuries’ severity, or shift blame to the victim to limit insurance payouts. Working with an Uber crash attorney is important.

When You May Need to Consider a Personal Injury Lawsuit

Triggers include denials of claims, catastrophic injuries, and multiple claimants. A lawsuit may result in a different outcome than the original offer.

A lawyer is not required, but can be helpful when pursuing a civil lawsuit.

How a Lawyer Can Help Your Case

Investigating the Accident

It includes police reports, app data, and driver logs.

Gathering Evidence and Experts

Medical professionals and accident reconstruction experts may also be helpful.

Negotiating With Insurance Companies

If you hire a lawyer, they can help prevent lowball offers and negotiate with insurers.

Representing You in Court

As a last resort, the lawyer files a lawsuit, presents evidence, and argues for appropriate compensation.

When Hiring a Lawyer Is Especially Important

• Serious injury or long-term disability
• Liability disputes with multiple parties
• Multiple insurance policies involved

What Affects the Value of a Case

Severity of Injuries

Higher compensation is generally awarded for more serious injuries.

Impact on Your Life and Work

The daily limit and long-term ramifications are carefully considered.

Available Insurance Coverage

In many cases, coverage limits may cap the potential recovery, but an experienced Uber injury lawyer can find potential sources.

Fault and Liability

In Nevada, damages are reduced by your share of fault. You cannot recover damages if you are found to be more than 50% at fault.

Here are some common causes of rideshare and regular car accidents according to real-world data.

1. App or GPS Distraction While Locating Passengers

Some research has suggested that rideshare or ride-hailing apps may involve added crash risk during pickup. This can happen when drivers monitor app-based GPS and passenger location updates while trying to pick up passengers. 

2. Distracted Driving

Data from the NHTSA indicates that distraction was reported in a large share of U.S. crashes. This includes fatal, injury, and all police-reported crashes.

3. Speeding

The IIHS reported that high speeds make crashes more likely and more severe. This is because drivers have less time to react and need more distance to stop when they are speeding.

For Uber drivers, this can matter in a variety of situations just as it does for other drivers on the road.

4. Fatigue or Drowsy Driving

A peer-reviewed U.S. rideshare-driver study found work-related crashes were more likely when rideshare drivers reported driving while tired. In a 2024 study of U.S. rideshare drivers, driving while tired was associated with substantially higher odds of a work-related motor vehicle crash.

5. Driving on Unfamiliar Roads

The same 2024 U.S. rideshare-driver study mentioned above found crashes were more likely when drivers frequently drove on unfamiliar roads.

6. Alcohol-Impaired Driving

According to the NHTSA, around 30% of all U.S. fatal crashes involve drunk drivers.

7. Drug-Impaired Driving

An analysis from the IIHS found that drivers who used cannabis had a higher involvement in crashes compared to drivers who didn’t.

8. Red-Light Running

In 2023, crashes tied to red-light violations caused 1,086 deaths in the United States. About half of those killed were not the drivers running the light, but others nearby, including pedestrians and bicyclists.

If you’re considering filing a lawsuit after an Uber accident in Nevada, it’s helpful to understand the laws that may apply. Below are some of the most important ones.

Disclaimer: These law summaries are not exhaustive and are provided for general understanding only. They reflect Nevada law at the time of writing and may be subject to updates or changes. For legal advice or a full interpretation, consult an attorney. Always check with an attorney or the Nevada Legislature for the most current information.

Nevada’s Comparative Negligence Law

NRS 41.141 – Allows a plaintiff to recover damages if their negligence is not greater than the negligence of the defendant or combined defendants, with damages reduced based on the plaintiff’s percentage of fault.

Example: An injured driver filing a lawsuit is found to be 30% at fault for a crash, while the Uber driver is 70% at fault. If the total damages are $100,000, the injured driver can still recover compensation, but it would be reduced by 30%, resulting in a $70,000 recovery.

Nevada’s Statute of Limitations Law

NRS 11.190 – Requires actions for personal injury or wrongful death to be filed within 2 years of the injury or death caused by another’s wrongful act.

Other Related Nevada Laws

NRS 41.130 – Holds a person and potentially their employer liable for damages when injury is caused by wrongful acts, neglect, or default.

NRS 41.085 – Allows heirs and personal representatives to bring an action and recover damages when a person’s death is caused by the wrongful act or neglect of another.

NRS 484E.010 – Requires a driver involved in a crash causing injury or death to immediately stop, remain at the scene, and fulfill required duties.

NRS 484E.030 – Requires a driver involved in a crash to provide identifying information, show their license upon request, render reasonable assistance to injured persons, and report the crash if no police officer is present.

NRS 484B.600 – Prohibits driving at a speed greater than is reasonable, proper, posted, or that endangers persons or property.

NRS 484C.110 – Prohibits a person from driving or being in actual physical control of a vehicle while under the influence of alcohol, controlled substances, or with prohibited levels in their system. An alternate version of this statute exists that would raise the legal alcohol limit to 0.10, but it is contingent on a future change in federal law and is not currently in effect.

NRS 706A.280 – Prohibits rideshare drivers from providing services outside the app, misleading passengers, deviating from requested destinations or routes, or refusing service without a lawful reason.

NRS 706A.300 – Authorizes the Authority to suspend or revoke permits, impose administrative fines, or prohibit operation when transportation network companies or drivers violate applicable laws or regulations.

Uber accident claims can be complex due to multiple layers of insurance coverage and potential defendants. If you were injured in such a crash, a lawyer may help advise you on your options.

Contingency Fee Disclaimer: Clients may be responsible for court costs. In some cases, they may also be responsible for opposing parties’ fees if a recovery is not obtained.

Get a free consultation for an Uber accident lawsuit. Contact Winder Law Firm.

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