In today’s society, the number of transportation options has never been greater. Every year, millions of Americans use the services of companies such as Uber or Lyft to get from A to B. While many customers rave about the convenience of these services, their position can quickly change if they are involved in an accident that results in personal injury to themselves or fellow passengers.
Injury victims are often interested in their legal recourse options after being involved in an accident while riding in an Uber or Lyft. To win a case and recover compensation for damages, accident victims almost always elicit the services of an experienced local personal injury attorney.
These legal professionals can help accident victims understand how the law works in regards to their case. Importantly, personal injury attorneys help accident victims understand the importance of fault determination as it relates to their case. Determining fault (i.e. negligence) is a critical factor in whether or not an attempt at civil litigation will be successful.
While consultation with a personal injury attorney is always considered the best course of action when pursuing litigation, there are some general points of knowledge regarding the litigation process to which all Nevada residents should be made aware. The following is some baseline information on how to conceptualize a personal injury case against a rideshare service in Nevada.
Determining Negligence
When it comes to determining in an accident involving an Uber, Lyft, or other rideshare service, the process of determining fault used by personal injury courts is the same as many other types of civilian auto accidents. This system is known as “modified comparative fault.”
Under the modified comparative fault system, a court will look at the actions of everyone involved in the accident, and subsequently assign a proportion of fault to each party. While there are certainly cases where a plaintiff or defendant is clearly 0% at fault for the accident, in many personal injury cases the situation is more nuanced.
For example, imagine that your Uber driver is involved in an accident and you sustain personal injury as a result. Through the course of litigation, the court determines that the Uber driver was in fact speeding at the time of the accident, and thus was partially at fault. However, the defendant is able to prove that you were distracting the driver at the time. This can lead to you being deemed partially at fault, and the amount of compensation you can recover will be adjusted proportionately.
Remember Your Timeline
Nevada state law sets a clear statute of limitation in personal injury cases. Victims have two years after the date of an accident to file a case with the courts. However, individuals are often advised to seek the services of a personal injury attorney well before their timeline expires.
Using Professional Legal Counsel
Building a case against large rideshare companies such as Uber or Lyft can be a daunting experience. Thankfully, for years the attorneys at H&P Law have been helping accident victims in Las Vegas and Nevada navigate the legal system. Contact H&P Law today for insight into your unique case.
