If you or a loved one have been in an accident due to an Uber of Lyft accident, contact the Las Vegas Ride Sharing Accident Attorneys at Benson & Bingham to get the compensation you deserve. Drivers of Uber, Lyft, and other ride sharing companies are regulated in Nevada under the PUC (Public Utilities Commission) and not governed under the NTA (Nevada Transportation Authority) similar to taxicabs, limousines and other commercial carriers. Nevada Law mandates that such companies operate with a minimum of $1.5 million in liability coverage for personal injury or death in a motor vehicle accident.
Screening for drivers of Uber and Lyft are done by the respective companies who drive their own vehicles for a fee. The popularity of the service has grown by leaps and bounds as the prices often undercut the competition and afford passengers a viable option, especially in under served residential neighborhoods where taxicabs are often not present.
If you are physically able to do so, check on the health and wellbeing of the other parties in the accident. Immediately call 911 so that your injuries can be examined and you can begin to receive treatment. This information will be helpful for your attorney.
As soon as possible, contact Uber through the app or by phone to inform them about the accident. Include basic details about what happened. Contact law enforcement as required by Nevada law so that they can investigate and file a police report.
Pictures of the accident scene provide compelling evidence for your insurance and personal injury claims. Include details of your injuries and the involved vehicles. Obtain the contact information of the other parties and any witnesses who observed the accident.
Before you talk to any insurance companies, call Benson & Bingham Accident Injury Lawyers, LLC, to schedule your free consultation. We will help you explore your legal options and explain how we can maximize financial compensation for your damages.
Your Las Vegas Uber accident attorney will investigate the evidence to determine who was liable for the collision. Your medical records, expert testimony, and many other types of evidence will be used to build a personal injury claim on your behalf.
Most personal injury claims are resolved out of court in mediation, which is why it’s imperative to work with a Las Vegas ridesharing lawyer who is an expert at negotiation. We will fight for a full, fair settlement on your behalf that considers all of your injuries and damages.
No matter what injuries you’re facing after an accident with an Uber, you need representation from a trusted Las Vegas ridesharing accident lawyer. At Benson & Bingham Accident Injury Lawyers, LLC, we are dedicated to providing the highest quality, personalized legal approach for each client we serve. We are an award-winning law firm who has developed a reputation for success. Call us today to schedule your obligation-free, confidential consultation with one of our experienced personal injury attorneys!
People who are facing severe injuries must take time off work to recover. Your settlement should include all of your lost wages as well as your reduced earning capacity if your injuries affect your ability to continue working.
All of your medical expenses related to your accident, including ambulance transportation, emergency care, imaging, surgeries, medications, equipment, therapy, rehab, and future expenses should be covered by your settlement.
Injuries from ridesharing accidents in Las Vegas can result in acute or chronic pain, as well as suffering and decreased quality of life. Your Reno ridesharing accident attorney will include these calculations into your personal injury claim.
Ridesharing accidents can cause a great deal of emotional distress, trauma, and PTSD. Our Reno Uber accident attorneys will work you each step of the way to maximize your compensation for the damages that you’ve suffered from your accident.
When accidents are fatal, family members may suffer from loss of companionship or loss of consortium with a spouse. Although it can be difficult to place a financial value on these painful losses, we will fight for a fair settlement on your behalf.
Benson & Bingham Accident Injury Lawyers, LLC, is proud to be a leading personal injury law firm in Las Vegas. Our name partners, Mr. Joseph L. Benson II and Mr. Ben J. Bingham, and our associates are award-winning attorneys with extensive experience handling all types of car accident claims.
We make it our mission to provide truly personalized service to each of our clients and believe that you will notice the difference! We strive for excellence in all areas of our legal practice. Call our firm today to schedule your free consultation. We are eager to meet you and discuss your legal options.Meet the Attorneys
Since 2004, the award-winning attorneys at Benson & Bingham have secured over $500 million in compensation for our clients who have been injured because of someone else’s recklessness or negligence.
Although we work with most personal injury claims, we specialize in car accident claims. Our firm was recently able to win nearly $2 million for a client who had been in a rear-end taxi accident.
Clients seek our services for all types of car accident claims. We have won as much as $1 million for an Uber accident that took place in an intersection in Nevada.
Our personal injury law firm is conveniently located in downtown Las Vegas. Call our award-winning lawyers to schedule your free, confidential consultation where we can discuss your legal options and ensure justice is done!
When an Uber driver is on the app and actively waiting for a rideshare request, the driver’s auto insurance company is liable for the primary coverage if there is an accident. Uber’s contingent liability insurance will cover damage that is beyond the driver’s personal policy limit.
Once a driver has accepted a ride request, Uber’s commercial liability policy becomes primarily liable for damages in the event of an accident. This coverage ends once all passengers have exited the vehicle and the trip has been marked as ended in the Uber app. Victims may pursue damages from Uber, the driver, or their own insurance as well.
In these cases, the driver’s personal auto insurance company is responsible for paying for damages if the driver or vehicle is involved in an accident. The case would be pursued like any other personal injury claim with a private vehicle because the Uber driver is not actively working or seeking ridesharing passengers.
Fractures in the back, hips, pelvis, legs, arms, ribs, and shoulders can occur after a car accident. These injuries can require months of rehab and treatment for a full recovery.
Severe cuts that leave scars, bruising, burns, and road rash are common injuries after ridesharing accidents in Nevada. You may be able to pursue damages for disfigurement.
Occasionally, severe car accidents can result in crush injuries or another reason for amputations. Your Las Vegas ridesharing accident lawyer may pursue damages for dismemberment or reduced quality of life.
Whiplash and similar neck injuries are among the most common ridesharing accident injuries and are caused by the sudden force of collisions with another vehicle. Victims may experience headaches and other symptoms.
Concussions and other TBIs can be very serious and limit your ability to function normally, work, or care for your family. Full recovery may take months or longer, depending on the symptoms.
Damage to the spinal cord or nerves can cause reduced range of motion, inability to walk, organ dysfunction, chronic pain, tingling, and other symptoms that may be permanent.
Drivers who are distracted by their phones, the radio, other passengers, or their surroundings can cause serious accidents and may have reduced reaction time.
Driving under the influence of drugs or alcohol is not only a crime, but one of the leading causes of accidents in Nevada. Passengers may be seriously injured or killed.
Excessive speeds prevent drivers from being able to react appropriately to their environment and may cause fatal injuries to pedestrians, other drivers, and passengers.
Willfully disregarding the safety of others while driving is a common cause of ridesharing accidents in Nevada. Drivers may be intentionally aggressive, such as tailgating, or neglectful.
Driving while very tired can be as dangerous as driving drunk. Unfortunately, many people don’t realize the seriousness of driving while fatigued and cause major accidents.
Limited visibility, anxiety, reduced reaction time, or poor handling of the vehicle due to road conditions and weather can also cause serious ridesharing accidents in Nevada.
Some accidents occur because defective car parts prevented the vehicle from functioning properly. The manufacturer and/or mechanic may be held liable for damages.
Your medical records will provide crucial evidence in your personal injury case, including imaging reports, statements from your doctor, physical therapy records, and even expert testimony, in some cases.
Documentation from your employer, such as pay stubs, will be used to demonstrate how much income you lost while your injuries forced you to stop working. Lost earning capacity may also be calculated.
The police report, any pictures that were taken, and any traffic camera footage that can be recovered will be key evidence for your Las Vegas Uber accident lawyer and will help investigators determine liability.
Reports from your mechanic and insurance adjuster, along with photos and information regarding any other relevant property damage, will also be an important part of your personal injury case.
Phone records that prove distracted driving, police reports, witness testimony, expert testimony, dashcam footage, and other pieces of evidence will be uncovered by your Las Vegas ridesharing accident lawyer.
Rideshare services, like Uber, are quickly becoming the primary method of transportation in Las Vegas for visitors and workers alike, outshining taxi cab companies in recent years as passengers find Uber more affordable and even more convenient than hailing a taxi. However, the question comes up over and over again: What happens if your Uber driver gets into an accident while you are riding in the back seat? What if you are injured in this accident?
Read on for answers to the questions that we hear most frequently from our clients about Uber accidents in Las Vegas.
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:
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.
Let Benson & Bingham help you understand your legal options in Las Vegas. Even though the technology hasn’t been around for long, Benson & Bingham has helped hundreds of rideshare accident victims obtain just settlements or trial verdicts; contact us today for a free, no pressure case evaluation.