Uber & Lyft Accident Lawyers in Las Vegas
Even if you’ve never used a rideshare service, you’ve no doubt seen them along the streets. There are more than 5,000 Uber and Lyft drivers registered in Clark County, and many of them are now sporting those sleek identification stickers on their windows. While these services certainly offer a lot to the area, they also create an additional hazard on the road. There’s no way to ensure these drivers are taking appropriate steps to avoid a car accident, and when such a collision occurs, it can result in serious injuries. If you or a loved one have found yourself in this position, an Uber and Lyft accident lawyer in Las Vegas may be able to help.
At Bernstein & Poisson, our legal team was serving Clark County long before rideshare services burst on the scene. In fact, we’ve been representing clients in the area since 1983. Technology has certainly changed over this time, but this doesn’t change your right to fair compensation when harmed by negligent parties. An accident involving an Uber or Lyft driver can lead to complex questions about liability and financial recovery. The Las Vegas personal injury lawyers at Bernstein & Poisson can help answer these questions. Contact us today to schedule a free consultation.
Do You Have a Valid Personal Injury Claim?
Uber and Lyft accidents do not always result in successful personal injury claims. Whether you’re a passenger in the vehicle, a pedestrian crossing the roadway, another motorist on the streets, or anyone else involved in an accident involving rideshare cars, the validity of your case will come down to proving liability. In some instances, this may seem fairly straightforward. For instance, perhaps your Lyft driver is drunk behind the wheel and runs a red light while taking you home. This looks clear-cut, but that may not always be the case. That’s because the validity of any personal injury case depends on proving a few basic elements.
First, it must be established that a duty of care existed. This is simple enough. When a driver accepts a ride request and lets you in their vehicle, they have taken on a responsibility to avoid improper acts which could harm you. Second, a violation of duty must occur. Rideshare drivers can do this in many ways. For instance, engaging in actions such as speeding, improper lane changes, failure to yield, and other unsafe driving all typically qualify as violations of a duty of care. Finally, this violation must result in injuries or damages. If the driver’s improper actions (e.g., speeding, driving drunk) cause you to suffer losses (e.g., medical bills, lost wages), then you may be entitled to compensation.
Obviously, these cases can get complex. For instance, the driver in an Uber accident case could claim that you distracted them from driving. If the court believes them, it may be decided that you’re partially to blame for your own injuries. However, this doesn’t immediately disqualify you from financial recovery. That’s because Nevada state law recognizes modified comparative negligence. This means you can recover compensation after an Uber or Lyft accident, but damages will be reduced by your percentage of fault. Because of this, you should never make assumptions about fault in your case. Let a Las Vegas Uber and Lyft accident attorney help.
Who’s Responsible for Your Injuries?
In any Uber or Lyft accident, it’s necessary to establish who’s liable for injuries. There is no one-size-fits-all answer to this question. In fact, your accident may have nothing to do with your rideshare driver at all. For instance, a negligent motorist could rear-end your Uber from behind and injure both you and your driver. Assigning liability will come down to the specific circumstances in your case. However, it’s worth noting that your attempt to recover compensation can get complicated if an Uber or Lyft accident resulted from negligence or recklessness by one of the rideshare companies themselves.
That’s because you can’t typically take a case directly against Uber or Lyft to court. By signing up to use these services, you agreed to enter binding arbitration to solve disputes. This is different than litigation since it keeps the case out of court, but the process does have many similarities to a traditional court case. That’s why the Las Vegas rideshare accident lawyers at Bernstein & Poisson are ready to represent clients with valid legal claims during arbitration. This may not always be necessary in your case, but we won’t know this until you sit down for a free consultation at our personal injury law firm.
What’s the Insurance Coverage of Uber and Lyft Drivers?
One of the issues that make Uber and Lyft accident cases so complicated is the potential for multiple insurance companies. There are several parties involved in any rideshare accident. For instance, a collision caused by your driver includes you, your driver, the rideshare company, and any other drivers or victims involved. If an Uber or Lyft driver is responsible for your accident, it’s typically their insurance coverage that will provide compensation for your injuries. This is true whether you’re a passenger in the driver’s vehicle or someone who just happened to be harmed by the driver.
If a negligent rideshare driver was not “on the clock” — essentially meaning available for rides — you typically would have no recourse against the companies themselves. Unfortunately, you may find yourself in a situation where the driver is uninsured or underinsured. If this is the case, it’s possible that your own insurer will cover what the rideshare driver’s insurance company doesn’t. This is known as uninsured/underinsured (UM/UIM) motorist coverage. However, you may not have this coverage since it’s not required in Nevada. It is possible that the UM/UIM insurance coverage of Uber and Lyft could cover such damages, though.
In fact, the UM/UIM coverage of these companies may even provide compensation when their driver wasn’t at fault. If another uninsured motorist caused you injuries, Uber and Lyft may offer bodily injury coverage. This is also true if the at-fault driver flees the scene. And in cases where the rideshare driver was at fault and open for a ride request, these companies’ policies could cover up to $50,000 per person with a cap of $100,000. This is in addition to up to $25,000 for property damage. If this all seems like a lot to understand, that’s because it is. Let our Uber and Lyft accident lawyers in Las Vegas simplify the process for you.
Is There a Filing Deadline for Rideshare Accident Cases?
If you’ve suffered injuries in a Lyft or Uber car accident, it’s important that you contact a personal injury attorney as soon as possible. That’s because there are deadlines for filing. Failure to submit a case in a timely manner could forfeit your right to file an accident claim. In Nevada, the statute of limitations for Uber and Lyft accidents is two years. This is true regardless of who is at fault for the accident. Once this deadline is passed, accident victims are unlikely to get fair compensation. After all, a rideshare company and its driver’s personal insurance policy won’t have much motivation if you can no longer take them to court.
While there are some exceptions to these deadlines, you shouldn’t depend on them. Such exceptions are few and far between. And since many depend on injuries being concealed from victims — an issue you’re not likely to encounter in a car accident — it’s best to expect a two-year deadline. However, you may have longer to file if something else contributed to your accident. For instance, what if a person only suffers minor harm when their Lyft or Uber driver fails to yield — but when seeking treatment, they suffer a serious medication injury? The medical malpractice claim stemming from this event would have a one-year statute of limitations.
Even in basic rideshare accidents, though, two years may seem like more than enough time. After all, you could ironically have an Uber take you to the courthouse right now to file a lawsuit. While another rideshare trip might not sound appealing, couldn’t you file a case right before the deadline expires? Absolutely, but our Uber and Lyft accident attorneys in Las Vegas would not recommend it. It takes time to investigate these incidents, and the amount of information we’re able to gather will have a direct effect on the settlement or damages you receive. You want a legal professional to have sufficient time to work on your case, so reach out to us today.
How Can Uber/Lyft Accident Lawyers Help?
Injury victims may forego a Las Vegas Uber or Lyft accident attorney for a variety of reasons. Perhaps they think they can’t afford representation, or maybe they feel like they can handle their claim on their own. Regardless of the underlying reason, failing to seek legal assistance for rideshare accidents can prove disastrous. Even when Lyft and Uber drivers are clearly at fault for an accident, an insurance company will do everything in its power to pay out as little as possible. And if you don’t have an attorney representing your interests during the settlement negotiation process, there’s a good chance they could be successful.
Of course, maybe you’ve done your research. Maybe you’ve seen that cases similar to yours resulted in far higher settlements than the insurer is offering. This could lead to litigation, and at that point, you’ll go up against a skilled insurance company attorney. Without your own legal representation, getting fair compensation becomes a much more difficult task. This fact explains why injury victims who represent themselves receive lower settlements and court awards — on average — than their counterparts with attorneys. This is reason enough to seek out an Uber and Lyft car accident lawyer in Las Vegas.
If you’re worried about price, you can push that concern out of your head right now. That’s because every personal injury lawyer at Bernstein & Poisson works on a contingency-fee basis. This means that you don’t have to pay anything upfront to get our services, and if we’re unsuccessful in securing compensation on your behalf, you won’t pay a dime. You’ll have access to all the services provided by our firm — including crash scene reconstruction, private investigators, driver background checks, and more — without having to pay a high-dollar retainer because a person’s financial status should not dictate their access to justice.
Contact an Uber or Lyft Accident Lawyer in Las Vegas Today
Uber and Lyft provide an invaluable service to communities. In addition to reducing drunk driving rates and offering transportation to those who could otherwise not afford it, the companies provide a way for people to earn money even with untraditional schedules. Of course, these benefits do not come without issues. Having drivers for hire on the streets means there are more opportunities for collisions to happen. And since rideshare companies earn a profit from their services, they owe a high duty of care to others on the road. Unfortunately, liability can be complex in a Lyft or Uber accident, so working with an experienced attorney may prove invaluable.At Bernstein & Poisson, experience is exactly what you’ll get. We’ve served the Las Vegas area for well over three decades, and our top two law partners have more than 60 years of combined experience. Our personal injury law firm is dedicated to helping injury victims get the financial compensation they deserve, and if we take on your case, you’ll have an advocate on your side who will fight tirelessly for justice on your behalf. Contact us today by calling (702) 707-5934 to schedule a free case evaluation. Our Uber and Lyft accident lawyers in Las Vegas are on standby and ready to assist.
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“After being in an accident my friend told me to call Bernstein and Poisson. A lawyer named Brian came to my home to meet with me and started my claim immediately. The legal team was extremely efficient, responded back to me quickly, listened to my concerns, and handled everything with speed and accuracy. Every step of the way was communicated. I received my settlement in 10 months’ time. I highly recommend using Berstein and Poisson. Thank you for helping get my life back on track.”
I Was Injured In An Accident.
What Do I Do Now?
By Scott L. Poisson
Do I Have A Case?
Dealing With The Insurance Company
When a Lawsuit Is Filed
Overcoming Common Defense Themes
Special Considerations in Specific Types of Cases