Rideshare vehicles have become some of the most important transportation methods throughout the state of Nevada. If you are in one, and you suffer an injury, or you are struck by an Uber or Lyft driver, you may be unsure who is at fault or what steps are necessary to prove liability. At H&P Law, our Las Vegas rideshare accident lawyer can provide you with guidance on what your options are and what steps you need to take to recover damages.
Determining Liability in a Rideshare Accident in Nevada
Rideshare accidents are not uncommon, but when they occur, proving liability means carefully assessing the evidence available to determine what happened before and during the accident. Unlike a simple car accident, the role of the rideshare company can often make liability a bit more cumbersome to prove. As an at-fault state, there are several factors to keep in mind to determine who is at fault.
In some situations, rideshare companies, such as Lyft or Uber, could be held responsible for the damages their drivers cause to others. However, it is critical that you should know they were working for the company at the time of the accident. In addition to this, most drivers are not employees of these companies but independent contractors, which adds a bit of a different level of consideration.
At the time of the accident, seek out the police to document what occurred and, ultimately, to determine fault. If that does not happen for any reason or there are concerns about liability, it is best to turn to a rideshare accident attorney for guidance. You can review our case results to see how we have helped others just like you. Consider the following scenarios and who may be responsible after a rideshare accident.
The Driver Was Providing Services
If the driver was providing a ride to or from a destination for a customer, that means they were on the clock as long as they were logged into the app when they were performing this action. When this is the case, Uber and Lyft’s higher liability insurance coverage can provide additional financial support for you in a serious accident. They could be held partially to blame.
The Driver Was Off the Clock
If the driver was not officially logged into the app and provided a ride or was approaching you and struck you as you waited for that ride, the driver may hold responsibility. In this situation, it may be the case that the driver’s liability insurance will cover the losses you have if you can prove they acted in a negligent manner. Keep in mind that rideshare companies require their drivers to maintain liability insurance, but it is not as much as that which the company has.
You Were Hurt by Another Driver
You may have been the rider in a trip going from one location to the next and hit by another driver. In this type of situation, the at-fault driver is responsible not only for the injuries to the rideshare driver but also for any injuries you sustain. You would likely file a claim to recover those damages.
Why Taxi Drivers and Rideshare Drivers Are Different
One of the most confusing aspects of today’s rideshare industry is why they have different rules, it seems, than a taxi company may have. The difference is in the ownership of the vehicles. In a taxi service, the taxi company typically owns the vehicle and, therefore, maintains the insurance for the drivers, especially if they are operating as employees. In a rideshare company, the driver typically owns the car and is responsible for the injuries and losses they cause others.
Nevada Laws on Rideshare Services
Nevada has laws in place to provide clarity on areas of the rideshare industry, including negligence in accidents. Under Nevada Revised Statutes Chapter 706A, the rideshare company is considered a transportation network company and uses software, like an app, to facilitate the link between drivers and passengers. This is an important detail in determining fault.
Under the state’s laws, if the driver is engaged in providing ridesharing of a person, which includes transporting the passenger to a location, or they have accepted the transportation request to do so, they are operating on behalf of the organization. They are considered a contractor for the ridesharing company and must have met the requirements to provide such services, including having their driving history considered, completing an application, and the rideshare company must investigate that driver’s criminal history record at least once every three years.
To operate, the rideshare company must have a permit to operate in the state, and each rideshare driver must also have a business license. They must also have at least $1.5 million in insurance coverage that covers death, property damage, and bodily injury to those who suffer injuries. This provides a significant level of protection for those who are hurt by a rideshare driver.
Put a Rideshare Attorney to Work on Your Case
The complexity of rideshare accidents makes it critical that victims seek out legal guidance to support them as they navigate their rights. These large companies have powerful insurance adjusters to limit your claim. With the help of an attorney, you gain several key benefits:
- Determine fault and gather all evidence to back up your claims for fault.
- Obtain the insights you need to know what all of your losses are.
- Avoid having to deal with the insurance company yourself.
With the help of a rideshare accident attorney, you can learn who was at fault in your case. This may help you recover the damages owed to you. It also helps us answer your questions about what your next step should be, so be sure to review our FAQs today.
Seek Out the Help of a Rideshare Accident Attorney
To determine liability in a rideshare accident in Nevada, seek out a free consultation with H&P Law. Our highly skilled and experienced attorneys can determine what your rights are and help you maximize your claim. Contact our Nevada rideshare accident attorney now to request additional information and insight into your case.
