In Nevada, ride-sharing services like Uber and Lyft have revolutionized how people travel. These transportation network companies (TNCs) offer a convenient alternative to traditional taxis and personal vehicles. However, with the increase in ride-sharing popularity comes a corresponding rise in accidents involving these services.

If you find yourself a victim in a Nevada Uber or Lyft accident, you want to hire a capable personal injury lawyer to help pursue your compensation. Whether you are a passenger, pedestrian, or motorist involved in an accident with a ride-sharing vehicle, this blog post explains what you need to know concerning your effective navigation of the situation.

Nevada Laws Applicable To Ride-Sharing Accidents

Before determining ride-sharing companies' liability for accidents in Nevada, you want to learn the relevant laws governing them. Chapter 706A of the Nevada Revised Statutes regulates “Transportation Network Companies” (TNCs), services such as Uber and Lyft. These laws have been passed in Nevada to provide a higher level of safety to passengers and drivers since ride-sharing's business model is unlike traditional taxi services.

Chapter 706A lists the legal requirements that TNCs must meet to operate in Nevada. Any TNC must meet certain conditions and standards before being issued a permit and beginning operations. Such conditions range from driver background checks to vehicle inspections to ensure that the companies take necessary measures to ensure passengers’ safety.

The statute describes these companies as operating a network or an application connecting passengers and drivers to provide pre-arranged transportation services. Therefore, ride-sharing is distinct from other transport services, including public and private transport services.

Another essential feature of Nevada’s ride-sharing laws is the legal meaning of the term “transportation services.” As stated by the NRS, transportation services mean the transportation of passengers for compensation, and such trips are prearranged through a network operated by a TNC.

This legal categorization puts Uber and Lyft in a particular bracket supervised by the Nevada Transportation Authority. State laws help regulate the drivers and provide a degree of order and responsibility in the law to the people and companies involved.

Uber And Lyft Requirements

Ride-sharing drivers and companies must meet specific legal provisions under Chapter 706A. Nevada requires any ride-sharing driver to undergo a criminal background check before they can begin transporting passengers. This background check must be done every three years, so only those with clean records should be allowed to continue offering their services.

The vehicle must also pass some checks. These inspections ensure that vehicles used for ride-sharing services are safe, giving passengers confidence that their ride will be secure.

Nevada requires ride-sharing companies to offer drivers minimum liability coverage, called the ‘25/50/20’ rule. When a driver is online, meaning using the app but does not have a passenger, the TNC must ensure a minimum coverage of $ 25,000 for injury per person, $50,000 for all persons involved in an accident, and $20,000 for property damage.

This coverage provides a cushion in that any mishap with a ride-sharing car is covered regardless of whether the driver’s insurance is inadequate or if they reject the claim as the car was being used for business.

The insurance coverage requirement is higher when a driver accepts a ride request until the ride is complete. In this case, under Nevada law, TNCs must obtain insurance of not less than $1 million, which will ensure that passengers and other third parties in an incident are sufficiently protected. This coverage also covers bodily and property, helping compensate for any injury or damage.

Periods Of Liability For Ride-Sharing Drivers

Nevada’s ride-sharing laws recognize that the risk and liability associated with a ride-sharing vehicle change based on the driver’s status at the time of the incident. There are three specific periods of liability, each dictating different minimum insurance coverage requirements, including:

  1. No Ride-Hailing Activity by Driver

The first liability period comes into play when a driver is not using the app to connect with riders or passengers. This scenario happens when the driver has not signed into the Uber or Lyft app, implying that the driver uses their car for other purposes.

The driver’s auto insurance is usually the first line of protection during this time. Nevada law does not compel Uber or Lyft to provide extra coverage when drivers are not using the car for business. However, some personal insurance policies may still not cover the vehicle if they are aware that it is used for ride-sharing at times, and this could pose some problems in the event of a claim.

  1. Driver Active, But Waiting for a Ride Request

The second period happens when a driver is logged into the Uber or Lyft app but has not yet accepted any ride request. This is often called the ‘driver mode’ or ‘available mode.’ In this state, the driver is considered on duty and waiting for a ride request.

Nevada law requires ride-sharing companies to carry minimum liability coverage of $25,000 for bodily injury per person, $50,000 for bodily injury per accident, and $20,000 for property damage during this period. These coverage amounts, known as 25/50/20, act as a backup if the driver’s insurance company will not pay a claim because the car is being used for business purposes.

The insurance offered by the ride-hailing company supplements the auto insurance provided by the driver. This second type of coverage kicks in in the event of an accident and kicks in where the personal insurance policy is either inadequate or simply declines to honor the claim. This overlapping coverage guarantees victims can seek compensation, although insurance companies try to shift the blame.

  1. Trip Request Accepted Through End of Ride

The third period of liability starts when a driver accepts a ride request on the Uber or Lyft app and continues until the passenger is dropped off and the ride is completed. This period is considered the highest risk, as the driver is actively transporting a passenger.

Nevada law requires that Uber and Lyft provide at least $1 million in liability coverage during this time, offering substantial protection for passengers and other parties involved in an accident.

This million-dollar coverage includes bodily injury and property damage, ensuring victims have access to compensation for medical expenses, lost wages, and property repair or replacement costs. It also provides coverage for uninsured or underinsured motorists, safeguarding passengers and drivers from financial losses if the at-fault party does not have adequate insurance.

Whom You Can Sue

In Nevada, your legal right depends on the details of the accident, whether it was your fault or the driver’s fault, and what the driver was doing at the time of the accident. Knowing who might be responsible for your injuries and losses is essential so the proper parties can answer.

Ride-Sharing Driver

If the driver was careless, leading to the accident, you may have the basis to sue the person for personal injury. Recklessness could encompass a host of actions, including:

  • Speeding.

  • Running a red traffic signal.

  • Driving under the influence.

  • Failure to give way at roundabouts.

This is because the drivers of ride-sharing services are independent contractors; thus, their activities reflect the extent of their legal responsibility. However, your driver’s personal insurance may not accept commercial use claims. Still, Nevada law requires Uber and Lyft to offer coverage in these circumstances, so you will have somewhere to turn to be compensated.

Ride-Sharing Company

Some situations may make companies legally responsible for the drivers’ actions. If you demonstrate that the company was careless in its hiring or supervision policies, you could have grounds for a lawsuit against it. For example, if the company did not perform proper background checks and hired the driver, or it retained an unsuitable driver despite their record.

Both Uber and Lyft must meet Nevada's laws. That is, the driver must have up to $1 million in liability coverage when the driver is on a ride, protecting passengers and third parties in case of an accident.

Third Parties 

Third parties might also bear liability for a ride-sharing accident in some cases. For example, if another driver caused the collision due to their negligent driving, you could pursue a claim against that individual.

Vehicle’s Manufacturer

If a vehicle defect contributed to the accident, you might have a case against the vehicle’s manufacturer for product liability.

Relevant Government Body

If poor road conditions or inadequate signage contributed to the problem, the government entity responsible for road maintenance could be held accountable.

Damages You Can Recover

As a ride-sharing accident survivor, it is possible to experience its effects in different spheres of your life and be left with such problems as financial difficulties, emotional issues, and more. Thankfully, Nevada law permits an injured person to claim these damages, thus guaranteeing that you receive back what you had lost because of another person’s carelessness.

The types of damages recoverable are:

Economic Damages

Economic or special damages compensate you for the losses you incur from a particular accident. Receipts, bills, or other forms of evidence can support such tangible expenses. These include:

  • Present and future medical expenses. Such costs include the first visit to the ER, ambulance fees, follow-up, and further treatments such as physiotherapy, surgery, and prescription drugs, among others.

  • Lost wages. Earnings lost can be the amount of money you lose in terms of salary or hourly wages and other things such as promotions, bonuses, commissions, and other related opportunities.

  • Lost earning capacity

  • Property damage. If your vehicle or other personal property was damaged in the accident, you could claim the cost of repairs or replacement.

Non-Economic Damages

Non-economic damages, also called general damages, compensate for the more personal or subjective injuries. Subjective damages represent the physical and mental discomfort that you go through due to the accident.

  • Pain and suffering. This includes the bodily pain and suffering involving injuries and the emotional anguish resulting from terrible occurrences. The psychological effects that may be presented as anxiety, depression, and PTSD may be part of non-economic losses.

  • Loss of enjoyment of life. This type of compensation looks at how the accident and the consequent injuries changed your ability to perform activities that you used to enjoy. These can significantly reduce one’s quality of life concerning leisure activities, sports, or even enjoying small things in life.

  • Loss of consortium. This is awarded where the injuries have affected your relationship with your spouse or other family members. Under this claim, the losses of an accident do not end at the victim but include family members who suffer due to changes in the victim’s health and conduct.

When You Are Partially To Blame

Being involved in a ride-sharing accident can be daunting, especially when you are the driver, and there are chances that you might have caused the accident. Even if you are partially at fault for the accident, you can still recover compensation in Nevada because the state follows the comparative negligence rule.

Nevada uses a legal rule called the ‘modified comparative negligence’ rule, specifically the ‘51 percent rule’. Under this rule, one can recover the damages regardless of their negligence, provided that the degree does not exceed fifty percent. In practical terms, this means that your right to compensation is only defeated if you are seen to have contributed to the accident more than fifty percent.

If your percentage of fault is 50% or less, you can still recover compensation, but the amount you will be awarded will be adjusted according to your degree of fault.

Imagine you are a driver in a ride-sharing car that was involved in an accident. If the judge decides you were 20% negligent for failing to wear a seatbelt, your injuries will worsen. If the total damages awarded in the case are $100,000, then your compensation will be reduced by your percentage of responsibility.

For example, if you were 20 percent at fault, your compensation would be cut by $20,000, thus leaving you with an award of $80,000.

However, if you were found to be 51% or more at fault for the accident, Nevada law would prevent you from recovering any damages. This rule emphasizes the importance of understanding and demonstrating the extent of your liability in an accident. Engaging with a skilled personal injury lawyer in these cases can help gather evidence, present your case effectively, and potentially reduce the percentage of fault attributed to you.

Seeking Help From A Lawyer After Sustaining Injuries In A Ride-Sharing Accident

The experience of being involved in a ride-sharing accident is that there is a lot of disorientation that follows. The physical suffering of the injuries and trauma and the financial implications, such as hospital bills and loss of earnings, happen when least expected.

At such times, the last thing that might come to your mind is to seek the services of a lawyer. However, seeking the services of an experienced personal injury lawyer is one of the most important things that you need to do to protect your rights and receive the compensation that you rightfully deserve. This is because ride-sharing accident claims are some of the most complicated legal matters one can face. Ride-sharing cases differ from ordinary car accidents because many parties are involved, including the driver, the ride-sharing company, and other drivers.

Establishing responsibility can be challenging. For example, drivers connected to the app without passengers complicate the insurance factor. Although these issues may seem complicated, a competent lawyer can solve them to ensure that the right people are held accountable for their actions and that all available insurance policies are used.

In addition, personal and commercial insurance providers constantly employ strategies to ensure they pay as little as possible. Sometimes, they will try to blame you for the accident, minimize your injuries, or offer you compensation that is way below what you require to compensate for your losses. This means that having a lawyer on your side is having a person who knows about these tricks and how to neutralize them.

Lawyers specializing in ride-sharing accidents have the necessary skills to engage insurance companies and obtain fair compensation that would cover the victim's losses in terms of medical bills, lost wages, and other general damages, such as physical and emotional suffering.

Find a Las Vegas Personal Injury Attorney Law Firm Near Me

After a ride-sharing accident, you could face hefty medical bills, lost wages, and other psychological consequences that can quickly become overwhelming. The path to recovery—both physically and financially—can be lengthy and challenging. One of the most important decisions you can make is choosing the right personal injury attorney to represent you.

The Las Vegas Personal Injury Attorney Law Firm is dedicated to helping accident victims like you pursue justice. Our experienced team of personal injury lawyers understands the complexities of ride-sharing accident cases, from untangling liability to negotiating with large corporations like Uber and Lyft. We are committed to building strong cases, pursuing maximum compensation, and holding responsible parties accountable.

If you or a loved one has been injured in a ride-sharing accident in Las Vegas, call us at 702-996-1224 for a free consultation.