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Nevada Ride-Sharing Accident Laws ‒ Everything You Need to Know
Updated:
07.18.24
Ride-sharing apps like Uber and Lyft have revolutionized the way people travel, offering convenience, flexibility, and a tech-savvy approach to transportation.
These services allow passengers to connect with drivers via smartphone apps, making it easier than ever to get around. However, the rise of ride-sharing platforms also presents unique legal challenges, especially when accidents occur.
In Nevada, ride-sharing is regulated under specific statutes designed to ensure the safety of both passengers and drivers through measures like comprehensive background checks and mandatory insurance coverage.
If you’ve been involved in a ride-sharing accident and need urgent legal assistance, contact a Las Vegas Uber and Lyft accident lawyer at Cameron Law today.
Ride-Sharing in Nevada
Ride-sharing refers to a modern transportation service offered through digital platforms like Uber and Lyft.
Unlike traditional taxi services, ride-sharing drivers operate as independent contractors, allowing them to set flexible working hours and use their personal vehicles for transporting passengers. In this way, ride-sharing represents a significant shift in urban mobility, leveraging technology to streamline transportation and enhance accessibility.
In Nevada, the legal contours of ride-sharing are spelled out in Nevada Revised Statutes Chapter 706A, which requires transportation network companies to conduct comprehensive background checks on drivers, maintain specific ride-share insurance coverage, and ensure that drivers comply with all traffic laws.
This system not only offers convenience and efficiency for users but also introduces unique regulatory and insurance considerations intended to protect both passengers and drivers in the state.
When Is a Ride-Share Driver at Fault?
Assessing fault in a ride-sharing accident involves analyzing the specific circumstances of the accident and how state laws apply.
As an at-fault state, Nevada requires that the party responsible for the accident be identified to determine how an insurance claim or lawsuit may proceed. If the ride-share driver is at fault, the situation can vary depending on the situation in which they were operating their vehicle:
- While Transporting a Passenger: The ride-share company’s insurance will cover the accident, protecting both the passengers and any third parties involved.
- On the Way to Pick Up Passengers: The company’s gap insurance may apply if the driver’s personal insurance is insufficient, offering additional coverage in increments.
- Driving on Personal Time: The driver’s private auto insurance will be responsible for covering any damage.
A car accident lawyer can help those involved in Uber or Lyft accidents in Nevada by analyzing the details of the crash, determining liability, interpreting insurance policies, handling negotiations, and providing general guidance and legal assistance throughout the process.
If the ride-share driver isn’t responsible for the accident, the at-fault driver’s insurance should cover the resulting losses. However, complications can arise if the at-fault driver is uninsured or underinsured.
Nevada’s minimum coverage limits are $25,000 per person for bodily injury, $50,000 per accident, and $20,000 for property damage, which may not be sufficient in severe accidents. In such cases, the injured party may need to rely on their own uninsured or underinsured motorist coverage.
Ride-share companies used to provide significant liability coverage for such scenarios, but recent changes in regulations may affect availability. As such, both drivers and passengers must understand the nuances of state laws and insurance coverage to effectively manage ride-sharing accident claims.
Comparative Negligence in Ride-Sharing Accident Cases
In Nevada, the concept of comparative negligence plays a major role in determining the outcome of ride-sharing accident cases.
Comparative negligence allows the defendant to argue that the injured party was partially at fault for their injuries or property damage. If this defense is successful, it can serve to reduce the amount of compensation the injured party can recover.
For example, if a plaintiff is awarded $100,000 in damages but is found to be 30% at fault, they’d only be able to recover $70,000. If the plaintiff is deemed more than 50% at fault, they may be barred from recovering damages altogether.
A comparative negligence defense can arise from a variety of circumstances, including the injured party failing to wear a seat belt, sudden braking that leads to a rear-end collision, or texting while driving.
Similarly, driving under the influence or failing to follow recommended medical treatments after an accident can also be used to argue comparative negligence. The defense might claim that these actions contributed to the severity of the injuries or prompted the accident itself.
Comparative negligence is often a matter for a trial court or jury to decide. This means that unless there’s overwhelming evidence of the plaintiff’s fault, the issue may not significantly impact the strength of the claim until the trial stage.
Many auto accident claims, including those involving ride-sharing services, are settled outside of court. Therefore, a comparative negligence defense might not heavily influence the outcome unless the case goes to trial.
Does Personal Insurance Cover Ride-Share Driving?
Many drivers mistakenly believe that their personal insurance coverage will protect them while driving for ride-sharing services like Uber or Lyft.
However, most personal auto insurance policies specifically exclude coverage for commercial activities, including ride-for-hire services. If you rely solely on your personal insurance while driving for a ride-share company, you’re effectively operating without proper coverage.
To make sure you’re adequately protected, it’s important to verify that the company you’re driving for provides appropriate insurance coverage.
Most major ride-sharing companies offer liability coverage that includes periods when the driver is listed as active on the platform and a ride is in progress. This coverage typically includes third-party liability for bodily injury and property damage, as well as contingent comprehensive and collision coverage.
Before starting as a ride-share driver, it’s essential to understand the insurance your employer provides and any additional coverage you might need. Some drivers opt to purchase supplemental ride-share insurance to bridge any gaps between personal and company-provided policies.
Being well-informed about your insurance options can prevent unpleasant surprises in the event of an accident and ensure that you’re fully covered while driving for a ride-share service.
Who Can I Sue If I'm Injured in a Las Vegas Ride-Sharing Accident?
If you sustain injuries in a ride-sharing accident, you may be able to file a claim against one or more parties involved. Potential defendants in a Nevada ride-sharing accident lawsuit include:
- Ride-Sharing Company: Companies like Uber or Lyft may be liable if their policies or actions contribute to an accident, such as utilizing negligent hiring practices.
- Ride-Share Driver: Even if the driver doesn’t have substantial financial resources, their coverage through their employer may provide compensation.
- Another Driver: If another driver caused or contributed to the accident, you could file a claim against them. If they were working at the time, their employer might also be liable.
- Vehicle Manufacturer: If a bad part or mechanical defect led to the accident, you could pursue a product liability claim against the manufacturer.
- Technician Who Worked on the Vehicle: If negligent service brought about the accident, the mechanic or service company could be held responsible.
Common grounds for these lawsuits include negligence or negligence per se against the at-fault driver, negligent hiring practices on the part of the ride-sharing company, and product liability claims against the vehicle manufacturer.
Identifying all potentially liable parties is critical for maximizing your compensation and ensuring that those responsible are held accountable for your injuries. A knowledgeable attorney can take the lead on your ride-sharing accident claim, determining the best course of action for your situation.
What Damages Can I Recover from a Las Vegas Uber or Lyft Accident Lawsuit?
You might be entitled to recover a range of damages to compensate you for your losses after a ride-sharing accident. These could include:
- Medical Bills: Money provided for immediate medical expenses, such as hospital stays, surgeries, medications, and doctor visits.
- Future Medical Expenses: Compensation for ongoing and future medical treatments, including rehabilitation and follow-up care.
- Physical and Occupational Therapy: Costs associated with therapy required to recover from your injuries and regain functionality.
- Short- or Long-Term Care: Payment for necessary care to manage your injuries, whether temporary or permanent.
- Lost Wages: Reimbursement for income lost due to your inability to work while recovering from the accident.
- Lost Earning Capacity: Compensation if your injuries impact your ability to earn a living in the future.
- Repair Bills: Recouped costs for repairing or replacing the vehicle damaged in the accident.
- Disfigurement: Payment for any permanent scars or disfigurement resulting from the accident.
- Pain and Suffering: General damages for the physical pain and emotional distress caused by the accident and your injuries.
If you’ve lost a loved one in an Uber or Lyft accident, you might be entitled to recover compensation through a wrongful death lawsuit. Such a suit can provide payment for funeral expenses, loss of companionship, and other related losses.
It’s recommended that you meet with an experienced attorney to ensure that you’re seeking all applicable damages needed to fully address the impact of the accident on your life.
Steps to Take After a Ride-Share Accident in Nevada
Being involved in an auto accident is an extremely stressful experience, regardless of who may have been driving. It’s imperative to know what to do when a collision occurs.
Here are some key steps to take when you’re involved in a ride-share accident:
Call 911
The first thing you should do after any kind of accident is call the police. Obtaining a copy of the official police report is the best way to document the accident, which may be crucial if you choose to file a personal injury claim later on.
Seek Medical Attention
Go to the hospital and get examined immediately. Even if you don’t think you’ve sustained any injuries, it’s still important to get checked out by a qualified medical professional as soon as possible.
Exchange Information with All Parties Involved
Gather the personal and insurance information of everyone who was in the accident or saw it occur. This might include other drivers, their passengers, or any eyewitnesses who were on the scene when the crash took place.
Document the Status of the Ride Request
Make it a point to note whether a ride request was active at the time of the accident. This pivotal detail could affect the ride-sharing company’s liability and the insurance coverage applicable during different periods of driver activity.
Take Pictures
It’s imperative to document the scene of the accident thoroughly. Carefully photograph everything you can, including the injuries you’ve suffered and the damage to your vehicle or other property.
Consult a Personal Injury Attorney
An attorney who focuses on ride-share accidents will know all the ins and outs of the relevant Nevada laws. Their knowledge will be priceless as you navigate the legal process. Your lawyer will determine the best approach for your case and work with you to ensure that you get the compensation you deserve.
Stand Up for Yourself with Cameron Law at Your Side
The aftermath of a ride-sharing accident in Nevada can be messy, given the intricate web of regulations, insurance requirements, and liability. Whether you’re a ride-share driver, passenger, or other commuter, understanding your rights and knowing the appropriate steps to take can significantly impact the outcome of your claim.
Contact Cameron Law today to seek personalized legal guidance and explore strategies for maximizing your eligible compensation. Our capable team will ensure that your claim has the best chance of succeeding.
Need Legal Help with a Ride-Sharing Accident Case?
Call Cameron Law today at 702-710-0123 for tailored legal advice on how to pursue maximum compensation for your injuries or property damage. Our knowledgeable attorneys can guide you through the process of filing a ride-sharing accident claim.
Book a Free Consultation
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(702) 745-4545
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2024-07-18
2024-07-18
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