Ridesharing has become a prevalent and convenient way to move around Las Vegas. Unfortunately, this convenience comes with an increased risk of involvement in an accident. Accidents involving Lyft and Uber vehicles have far-reaching consequences for the victims, and the quest for compensation is challenging. Proving liability is a significant yet confusing element in ride-share accident claims.

Many parties can be held liable for such an accident. Therefore, you are responsible for proving liability and holding the at-fault party responsible for your losses. Since insurance companies do not want to shoulder the financial burden to compensate you, the adjusters may try to shift the blame to other parties.

This can make your road to recovering compensation long and tiresome. The steps you take after involvement in the ride-sharing accident can impact your ability to recover maximum compensation. If you or a loved one is injured in a ridesharing accident, you should hire and retain a skilled personal injury attorney to guide you through the case and protect your interests. The following are some things you can do after your Accident to ensure a favorable outcome:

Call The Police

If you have not suffered a serious injury, you must call 911 immediately after your accident. Police officers will ask questions and assess the accident scene. After a thorough assessment, the law enforcement officers will write a report citing their observations on liability for the accident. The police report is key evidence in your claim for compensation. While you attempt to prove liability, your attorney can subpoena the police report.

Seek Medical Care

Depending on the type of accident you are involved in, ride-sharing accidents can potentially turn catastrophic. Regardless of how you feel, you must seek immediate medical care. Some injuries, like internal bleeding, are fatal and dangerous to detect. Seeking medical care allows for early diagnosis and treatment. Additionally, your medical report is necessary for recovering compensation for your medical expenses. Therefore, you must ensure that all your injuries and treatment are well documented.

Gather Evidence for the Accident

Accident can be traumatizing, but you must consider how to recover from the losses you suffer from the ridesharing accident. The process of recovering compensation begins by collecting evidence that could be relevant to your claim. If you can move around, you can write down all parties' contacts and insurance information. Additionally, you can identify witnesses and request their contacts.

If you have your cell phone, you must consider taking some photographs or videos of the accident scene since photographic evidence cannot be disputed. When the police clear the accident scene, it is challenging to collect evidence. Therefore, you should not leave the scene before collecting the necessary details.

Seek Legal Guidance

Due to the multiple parties involved in the operation of ridesharing vehicles, accidents involving these operators are complicated. In addition to multiple liable parties, you may have to deal with several insurance companies to recover maximum compensation. A skilled personal injury attorney will help put together evidence for your claim.

Additionally, the lawyer understands how to deal with insurance adjusters. With their guidance, you will understand how to act and what to expect from the claim adjusters. Before offering any information to insurance companies, you must consult your attorney.

Identify the Liable Parties in your Accident

Since Nevada is a shared fault state, the liable party is the person who causes the accident. The insurance company of the at-fault party shoulders the expenses of the accident. Unfortunately, the fault is unclear, especially when the accident involves other vehicles or motorists. Even when the initial reports indicate that one driver bears more fault, the circumstances can change further. One of the things that you must do to increase your chances of recovering compensation is to identify the liable parties.

There are three levels of liability in ride-share accidents. How and when the accident happened is key in identifying the liable parties:

  • The Lyft or Uber driver was off. When a ridesharing driver is involved in an accident while off duty, the company will maintain that the driver was not working for them. Therefore, you must contact the driver’s auto insurance for compensation.
  • The driver was waiting to be set for pickups. Uber and Lyft companies provide contingent insurance when an accident occurs when the driver’s app is on. In this case, the insurance company can pay for your losses.
  • The driver was driving to pick up or drop off a passenger. Ridesharing companies shoulder responsibility for drivers from dispatch until the passenger exits the vehicle.

There are several ways a ridesharing accident can occur, including the following:

  • The ridesharing vehicle collides with another vehicle head-on.
  • Rollover accidents involving ridesharing.
  • A series of rear-end collisions stemming from the ridesharing
  • A ridesharing vehicle hits a pedestrian crossing the road or sidewalk.
  • A ridesharing vehicle malfunctions and hits other vehicles or obstacles on the road.

Some individuals you can hold liable for the ridesharing accident include the following:

  1. Ridesharing Driver

Several laws govern the operation of ride-sharing drivers in Nevada. Like other drivers and motorists, a ridesharing driver could be caught up in dangerous and negligent acts like drunk driving, distracted driving, or failing to obey traffic rules. If you are involved in ridesharing and believe that driver error caused the collision, you can identify them as the liable party. However, your claim must be accompanied by evidence of their exact actions.

  1. The Ridesharing App Company

Uber and Lyft companies are responsible for hiring experienced drivers. These companies can ensure that the drivers are suitable for the position by performing background checks on each driver before their first ride. The aim of performing these background checks is to check for a history of drunk driving, traffic violations, and violent crimes. The company should also employ technology that notifies them of any crimes committed by their drivers.

Ridesharing companies often classify their drivers as independent contractors. Therefore, their liability is reduced, especially when the driver is not performing work-related duties. If you can prove that the driver was on active duty and the company was negligent in their background checks, you can file a claim against the company.

  1. Other Motorists

Accidents involving ridesharing drivers are not always the driver's fault. Sometimes, ridesharing drivers and passengers may be caught up in an accident caused by negligence from other motorists or road users. If you can prove that another driver was overspeeding, intoxicated, distracted driving, or failed to yield the right of way, they can be named a liable party in your accident. If the other driver is an employee of another company, you can also file a claim against their employer.

  1. Vehicle Part Manufacturers

Sometimes, car accidents are not a result of negligence from road users. Vehicle part malfunction is significant because of a catastrophic accident. Some of the common part malfunctions that could cause your ridesharing accident include brake failure, burst tire, and steering malfunction. Some of these malfunctions make it challenging for the driver and can easily cause a collision.

If you find that a vehicle part malfunction caused your accident, you can file a claim against the manufacturer. Additionally, you can hold the ridesharing company responsible for failing to check and repair the vehicle parts before allowing the driver to operate.

File a Claim or Civil Lawsuit

If you wish to recover compensation for injuries resulting from a ridesharing accident, you can file a claim with an insurance company of the at-fault party or bring a civil suit in court. Most accident claims are settled out of court. Ridesharing companies will try to evade negative publicity by ensuring that your case does not go to court.

Obtaining an out-of-court settlement means negotiating with the insurance company and agreeing upon an amount you deserve for your injuries. Although out-of-court settlements save you from lengthy court proceedings, you must deal with insurance adjusters who attempt to downplay your claim and offer a lower settlement than you deserve.

Often insurance adjusters will begin to contact you even before you seek treatment for your injuries. You must note that insurance adjusters are workers of the insurance company, and they do not have your best interests. You must be very careful when dealing with insurance adjusters. Some of the times that could guide you when dealing with insurance companies include:

  • Provide as little information as possible. The moments following an accident can be confusing. Therefore, speaking with the claim adjusters could cause you to present unfavorable information to your case.
  • Do not admit to fault for the accident. Even when you believe your actions contributed to the accident, you should leave it to the insurance company to figure it out.
  • Do not sign a written statement. You are not obligated to sign any written statements since they can be used against your claim.
  • Do not accept a low settlement. Insurance companies will attempt to offer the lowest possible settlement for your claim. If you accept a settlement, you cannot claim for more. Therefore, you should only enter a settlement that covers your losses.

If you are not satisfied with the settlement offer from the insurance company, you should file a personal injury lawsuit and allow the court to determine your settlement.

Prove Liability in a Ride-Sharing Accident Claim

Once you have identified liable parties in your accident, the next step is establishing the liability before the insurance company or the court. Establishing liability is key when you settle a case out of court or in court. In Nevada, most accidents result from negligence, which is the main element of liability. A person whose acts of negligence caused your accident will be responsible for the I juries and losses resulting from the accident.

In specific circumstances like vehicle operating, each driver or road user is responsible for ensuring that their actions are not harmful to others. Unlike recklessness, negligence focuses on a person’s breach of responsibility towards others. Before you recover compensation for the injuries, you must prove that the defendant is at fault for your accident.

Nevada is a comparative negligence state. Comparative negligence refers to a plaintiff’s negligence alongside the defendant’s negligence. The amount you can recover from your lawsuit or claim varies depending on the defendant's fault percentage. Even when you are partially to blame for the accident, you can still recover compensation equal to the defendant’s percentage of fault.

Proving liability for a ride-sharing accident requires establishing the elements of negligence. Establishing these elements involves gathering the necessary evidence to support each element. The elements of negligence include:

  1. The Defendant Owed you a Duty of Care

The Duty of care is the liability that all drivers or road users have to act right and ensure the safety of others. The court determines whether the defendant owed you a duty of care by considering the circumstances surrounding the accident. Every person must live up to the minimum standards of care. Therefore, proving a duty of care is not complicated.

  1. The Defendant Breached the Duty

Evidence that the defendants owed you a duty of care does not justify compensation from their insurance company. You must further prove that the at-fault party breached that duty. A duty of care is breached when a person acts in a manner that places others at risk of injury. If you file a claim against the ridesharing driver, you can argue that they breached their duty of care by neglecting the care standards, like obeying traffic rules and driving with a reasonable speed limit.

Sometimes, a company can shoulder responsibility for the negligent acts of their employees. Therefore, when filing a claim against the ride-sharing company, you can argue that they did not hire efficient drivers or did not check the driver’s history before hiring them.

  1. The Defendant’s Actions Caused the Accident

For personal injury situations, causation happens due to another. You will recover compensation from the at-fault parties if you can prove that the ride-sharing accident was a direct consequence of their actions. The defendant’s actions must not be the only factor in your accident.

  1. You Suffered Damages from the Accident

In a personal injury claim, damages are the losses and injuries resulting from the accident. When you claim compensation from the person responsible for your ride-sharing accident, you must show how the accident impacted your life. Damages can either be economic or non-economic.

Collect your Compensation Benefits

In a successful claim or civil lawsuit, you can recover the following benefits:

Medical Bills

Before your claim is settled, you will need to cover all your medical expenses. Medical bills after a ridesharing accident could accumulate up to tens of thousands of dollars depending on the seriousness of your injuries. Your medical bills will include payment for hospital stays, medication, surgeries, and long-term care. The insurer can recover the amount from your settlement when you pay your medical bills using your health insurance.

Before recovering compensation for your medical bills, you must present evidence of your injuries and the medical report. Sometimes, the insurance company will want to assess your health records before the accident to ensure that the injuries for which you seek compensation resulted from the ridesharing accident.

Lost Wages

Nevada allows victims of car accidents to recover compensation for the monthly salary, bonuses, overtime pay, or self-employment income they lose while nursing their accident injuries. If the injuries from your ridesharing accident have caused you to spend time away from work, you can prove these losses and collect compensation.

Lost Earning Capacity

When you suffer a serious injury that takes a while to recover, you could lose your ability to return to the job position you held before the accident. Depending on the severity of your injuries, the time these injuries are expected to take for recovery, and other factors of your employment, you may be entitled to compensation for future earnings.

Pain and Suffering

In addition to the economic damages, you suffer from a ridesharing accident. You could experience serious physical pain and emotional trauma. While pain and suffering cannot be quantified, you can recover compensation from your lawsuit.

Find a Reliable Las Vegas Personal Injury Lawyer Near Me

As ridesharing services like Uber and Lyft grow in popularity across Las Vegas, accidents involving ridesharing drivers have been on the rise. Whether you are a passenger in the ridesharing, a passenger of another vehicle, or a pedestrian hit by a driver, you may be entitled to compensation for your injuries. You can recover compensation from such an accident by negotiating with the insurance company or filing a personal injury claim.

Establishing liability for the accident is critical in your ability to recover compensation. The fault party’s insurer is liable for the accidents that they cause. In many ride-sharing accidents, there are multiple liable parties. You can seek compensation from the driver as well as the ridesharing company. Unfortunately, passengers, motorists, and pedestrians injured in a ridesharing accident have to deal with insurance adjusters trying to deny liability for the accident.

Dealing with a personal injury claim while nursing your injuries is tiresome. Therefore, seeking legal insight is key. At Las Vegas Personal Injury Attorney Law Firm, we will help you stay ahead of all the liability questions and recover maximum compensation for your injuries. Contact us today at 702-996-1224.