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Pursuing Damages for Injuries Caused by Rideshare and Delivery Service Drivers
Nevadans often find themselves in complicated legal battles when pursuing damages for rideshare accident injuries involving Uber, Lyft, and courier services like Postmates, TaskRabbit, or DoorDash. Accident lawyers bring injury claims after these crashes are typically entangled in a complicated web of insurance coverages, contracted drivers, and powerful rideshare or delivery service companies. To make matters worse, the laws involving these accidents are continually changing and many law firms are behind the times. If you were injured in a rideshare accident or a delivery service crash, you need guidance from experienced Las Vegas injury attorneys who stay up to date as laws and regulations evolve. You need the accident lawyers at Blackburn Wirth.
Our Firm Has More Uber and Lyft Passenger Cases than Any Other Firm in Nevada
At Blackburn Wirth, our injury lawyers have handled more Uber and Lyft accident cases than any other law firm in Nevada. We stay abreast of the latest legal developments particular to ridesharing apps. As such, our accident lawyers have developed a track record for success in obtaining fair compensation when rideshare users and other motorists are hurt or killed.
Turn to our injury lawyers for guidance in successfully resolving your rideshare accident claim. Call Blackburn Wirth at 702-472-7000 and let’s talk about your recovery.
If you were an Uber or Lyft passenger and injured in a rideshare accident, we have great news. You may be covered for up to $1 million in damages by the company’s commercial liability insurance policy. Unfortunately, sifting through the complexities of the insurance coverages can make actually recovering compensation a challenge. Rideshare accident liability insurance coverage is divided into three periods depending on the driver’s activity.
Period One: No Rideshare Activity
Level one insurance coverage applieswhen the Uber or Lyft driver is using the vehicle for personal use. During this period, the driver’s personal liability insurance policy applies. Coverage limits for a personal policy are often much lower than commercial policies provided by Uber and Lyft.
In Nevada, drivers are only required to carry $20,000 liability coverage for property damage and $25,000 in coverage per person per accident for injuries or deaths. However, some insurance companies offer Nevada rideshare drivers “gap” insurance, also referred to as “rideshare policies.” This coverage is optional and provides extra coverage for the rideshare driver when he or she is offline.
Period Two: Driver Mode Without Passengers
When the driver is logged into the app and is awaiting passengers, period two insurance coverage applies. During this stage, the Uber or Lyft driver is provided with contingent liability insurance. While the driver’s personal insurance policy is primary, excess damages are covered by the rideshare app’s insurance policy.
Uber and Lyft contingent insurance policies provide up to $50,000 for the injury or death of one person in an accident. If two or more people are hurt or killed, the policies provide up to $100,000 in coverage. Drivers, pedestrians, bicyclists, and other motorists and their passengers are covered under these blanket policies.
Period Three: Ride Request Accepted and Transporting the Rider
Once a rideshare driver accepts a ride request through the app, period three insurance coverage begins. This level of coverage continues until the rider is dropped off and the ride has ended in the app.
During period three, Uber or Lyft’s passenger commercial liability insurance is in effect and is typically the primary policy. The insurance covers up to $1 million in damages for injuries or deaths to a single person and up to $2 million for two or more people who are injured or killed in a crash.
When rideshare companies, independent contractors, multiple insurance companies, and app services are involved, a car accident claim can become complicated quickly. Determining liability, especially when two or more vehicles are involved, can be a nightmare.
Additionally, the laws regarding rideshare crashes and insurance coverages are complicated and ever-changing. Insurance companies will often try to impose petty delays or refer to out of date regulations to avoid paying their share for your injuries.
In many cases, parties point fingers at each other, denying any responsibility for the accident. Sometimes, liable entities will try to negotiate settlement amounts that are substantially less than the losses victims have endured. For people without experienced accident lawyer, the battle to recover compensation can rage on for months or even years.
When multiple parties contribute to the cause of a rideshare vehicle accident, Nevada’s modified comparative negligence laws apply. As long as you were less than 50% at fault, you can recover damages for a personal injury. Under the law, remaining liable parties will be responsible for their shares.
If you’re involved in a rideshare accident in Nevada, serious injuries can result in lost time from work, significant medical bills, and emotional and physical pain. Even when injuries are seemingly minor, like broken bones or bumps to the head, recovery can take weeks or months. Some people never fully recover after these crashes. The steps you take after a rideshare accident can mean the difference between financial stability as you heal or facing the burden of lost income and exorbitant expenses for years to come.
Prioritize Health and Safety: Delayed medical treatment can result in minor injuries becoming serious or serious injuries becoming deadly. Even if everyone appears to be unharmed, call 911 and get help on the way.
Report the Accident to Police: Don’t assume the other driver will make the call – report the incident yourself. In Las Vegas, you are required to report any motor vehicle accident that results in injuries, fatalities, or property damage of more than $750.
Gather Information: In Nevada: it’s important to obtain the contact and insurance information of rideshare drivers and anyone else who is involved in a crash. Use your smartphone to take pictures of the vehicles, the crash scene, and any factors that may have contributed to the wreck. Gather witness statements or get their contact information. If you are able, be sure to jot down notes about the accident while it is fresh in your mind.
Report the Accident to Uber, Lyft, or the Applicable App-Based Service Company: Both Uber and Lyft offer easy access for accident reporting. You can either log in to the app, call the company, or go online to report crashes.
Use Caution When Making Reports or Statements: Whether you’re speaking to the police, the driver, an insurance representative, or the rideshare company, don’t say more than you absolutely have to say. In the heat of the moment, it’s easy to get facts confused, express unnecessary guilt, or say something else that could damage your injury case.
Contact a Rideshare Accident Attorney in Las Vegas: It’s important to make sure you’re in good hands with a rideshare injury lawyer who is familiar with the laws specific to Las Vegas. If you’re an out-of-state visitor injured as an Uber or Lyft passenger, don’t wait until you return to your home state to seek legal advice from a local attorney. Contacting an accident lawyer who is experienced with rideshare vehicle accidents and licensed to practice in Nevada ensures you save time and and maximizes your chances obtaining a full financial recovery.
Never Accept a Settlement Offer Prior to Speaking with a Lawyer: Right after an accident, insurance reps typically swarm in to settle injury claims before victims have had a chance to realize the extent of their injuries or think with a clear head. Even if that quick settlement offer sounds appealing, be sure to speak with a lawyer before you sign anything or cash any checks
Rideshare services are popular among out-of-towners who are visiting Las Vegas. In fact, about 19% of visitors use these services when they come to town. When accidents result in injuries for Las Vegas guests, our attorneys shoulder the burden of handling accident claims for victims from inception to recovery. We’ll obtain your medical records, investigate your case, gather evidence, negotiate with insurers, and make sure you stay updated on the progress as your case proceeds to settlement or trial. In many cases, claimants don’t even need to return to Nevada to recover damages.
If you are a foreign national who was injured in a rideshare accident, pursuing damages becomes a little more complicated. If your injuries are treated in a U.S. hospital, we can generally pursue compensation for medical bills with ease. If, on the other hand, your injuries are treated by a medical provider in another country, things may not be so simple. Your provider may recommend medical treatment that is not approved in the United States. And the cost of medical care in your country may be significantly more or less expensive than the care offered in the U.S.
Whether your injury case is straightforward or complicated, we have the experience and knowledge necessary to make sure your claim receives personalized attention, your questions are answered, and you receive compensation that is commensurate with your injuries and losses.
When you're hurt in a rideshare accident, you likely have a lot of questions. Good news - we have the answers.
Not many. Uber drivers must be at least 21 years old and have a minimum of one year of experience as a licensed driver. If drivers are under 23, they must have three years of driving experience. They must also have a valid Nevada driver’s license. A clean driving record, a social security number, and the ability to pass a background check is also required. For Lyft, drivers must be 21 years of age, have one year of driving experience, a valid driver’s license, and be able to pass a background check. Drivers with drug or DUI convictions, reckless driving, criminal histories, and fatal accidents are prohibited.
Additionally, all Nevada rideshare or on-demand drivers must have a Nevada State Business License. Drivers in Las Vegas must also obtain a Clark County Business License in addition to the state license.
Under Nevada law, drivers cannot spend more than 12 hours in driver mode in a 24-hour period.
Uber and Lyft passenger insurance policies have coverages to protect riders from uninsured and underinsured motorists.
Your ability to recover damages from Uber or Lyft after an accident depends on the circumstances of your case. If the driver was at fault, both companies provide liability insurance of up to $1 million to compensate you for your losses. If negligent hiring practices are a factor, the companies may be able to be held liable.
Understanding more about rideshare apps in Las Vegas can help you become a more informed, safer rider.
Since September 2015 when rideshare companies were approved to operate in Las Vegas, apps like Uber and Lyft have been transforming the way Nevada residents and tourists get around. There are approximately 11,000 Uber drivers in Nevada. More than 882,000 consumers have relied on the app for safe transport.
The most in-demand destinations for Uber and Lyft in Las Vegas are McCarran International Airport, the Venetian, Caesar’s Palace, MGM Grand, and the Bellagio Hotel and Casino. Between 2015 and 2016, Uber completed over one million rides to and from McCarran International Airport.
Uber and Lyft have significantly reduced the number of DUI fatality accidents in Las Vegas and across America. In fact, more than 500 lives would be saved each year if rideshare services were in every city. However, drowsy and fatigued driving among rideshare vehicle drivers is still a problem. Long hours, competition, and financial incentives may tempt many for-hire drivers to drive while drowsy or after consuming alcohol or drugs.
Rideshare and courier drivers in Las Vegas may be at an increased risk of becoming involved in an accident because they are required to monitor system apps while behind the wheel, which takes their attention away from the road.
Unlike taxi cab drivers, who are typically required to undergo training, many rideshare drivers are inexperienced and lack formal instruction.
Background checks for couriers and rideshare drivers are often lax or even nonexistent. As a result, drivers frequently provide services despite prior DUI convictions, histories of assaults, or poor driving records.
Assaults and violent criminal activity run rampant in the rideshare app community. Since the companies’ debuts, there have been over 400 alleged incidents regarding the actions of rideshare vehicle drivers. These include more than 300 alleged sexual harassment, assault, and rape incidents, about 70 violent assaults by drivers, nearly 30 deaths, and 11 alleged kidnappings.
As the popularity of Uber, Lyft, DoorDash, and similar app-based services in Nevada continues to increase, so does the number of accidents and injuries involving their drivers. If you were hurt, turn to the injury lawyers at Blackburn Wirth. Call 702-472-7000 to get started with your recovery.
The development of the “gig economy” means a wide variety of for-hire drivers and delivery vehicles populate the streets of Las Vegas. Services like UberEats, Postmates, DoorDash, GrubHub, TaskRabbit, and Amazon Delivery used app-based technology to receive and deliver orders. These services typically require individual contractors to provide their own cars, trucks, motorcycles, bicycles, and other means of transportation to deliver products to consumers.
When accidents happen, determining liability can be complicated. Adding to the complexity, drivers may be working for the main company or a franchise. Because franchises have their own insurance policies, liability coverages can vary significantly.
If you believe your injury was caused due to the negligence of another party, please contact us immediately by calling 702-472-7000
Even though these drivers are typically considered individual contractors, most app-based delivery companies provide commercial liability insurance coverage to pay for injuries and losses suffered by other parties when drivers are “on the clock.”
If you are an “other” party who suffered injuries or your loved one was killed and a courier was at fault, your compensation may come from a number of sources.
When there are multiple injured victims in a delivery service accident, each party will need to file his or her own accident claim with the driver’s insurance, the company’s insurance, and the insurance company of any other responsible party. In Nevada, you will typically have just two years from the date of the accident to file your claim.
In Nevada, drivers have a multitude of responsibilities when it comes to using their personal vehicles for deliveries, even when they are working for large app-based companies.