Las Vegas welcomed 40.8 million visitors in 2023 and is home to an additional 660k people as of that same year. Naturally, with such a volume of people in one small area, there will inevitably be accidents, and in 2023, the Las Vegas Metropolitan police department logged 18,327 incidents.
Ridesharing services like Uber and Lyft have become incredibly popular in Las Vegas, especially along the famous Strip. With thousands of rideshare vehicles operating in the city every day, accidents are bound to happen. But when a rideshare accident does occur on the Las Vegas Strip, determining liability can be complicated. There are several factors to consider.
The Rideshare Company’s Insurance Policy
Rideshare companies like Uber and Lyft provide supplemental insurance policies that cover drivers and passengers during active rides. For example, Uber provides $1.5 million in liability coverage per incident in Nevada during period 3, which is when the passenger has been picked up and is in the rideshare vehicle.
If a rideshare driver causes an accident while a passenger is in the car, this policy would provide coverage. The rideshare company’s insurance is primary in this scenario, meaning it would pay out first.
However, once the ride has ended and the passenger exits the vehicle, Uber and Lyft’s insurance coverage drops dramatically, providing only minimum state required coverage. At this point, the driver’s personal auto insurance becomes primary.
Liability gets more complex if an accident happens between rides or after a passenger exits the vehicle. The driver’s personal insurance may try to deny a claim due to rideshare exclusions, although period 1, which is when a rideshare driver is waiting to be paired with a passenger, is covered by third-party liability coverage of between $50k and $100k in Nevada.
The Rideshare Driver’s Personal Insurance
Most personal auto insurance policies exclude coverage when the vehicle is being used for commercial purposes. This includes transporting passengers for a rideshare service.
If a rideshare driver causes an accident in between picking up passengers, their personal insurer may deny a claim. The driver would then have to rely on the minimal coverage from Uber or Lyft’s insurance, which may not be enough, especially if injuries or major vehicle damage are involved.
Some rideshare drivers do carry commercial policies or rideshare endorsements on their personal policies which close this coverage gap. But many drivers take the risk of relying solely on Uber or Lyft’s insurance.
If the rideshare driver’s personal policy does not cover an accident, liability would fall back on Uber or Lyft’s contingent coverage. But this provides limited benefits, putting the driver and any accident victims at serious financial risk.
Liability When a Passenger Is Present
Determining liability is usually clearest when a passenger is in the rideshare vehicle at the time of the accident. As mentioned, Uber and Lyft provide $1.5 million in coverage during active rides in Nevada. This policy protects both the driver and passenger(s) in the vehicle.
The rideshare company accepts primary liability during active rides. So, if the driver causes an accident on the Las Vegas strip due to negligence, such as speeding or distracted driving, the rideshare company’s insurance pays damages.
Other drivers, passengers and pedestrians on the Las Vegas strip who suffer injuries due to a rideshare driver’s negligence can make a claim directly against the rideshare company. The victim must prove the driver’s negligence caused the accident and resulting harm.
But passengers who are partially at fault for their own injuries, such as not wearing a seatbelt, may have their damages reduced under Nevada’s comparative negligence laws.
Lawsuits Against Rideshare Companies
In severe rideshare accidents involving deaths or catastrophic injuries, victims and their families may choose to pursue lawsuits against the rideshare company directly. This is something that Karns & Karns Personal Injury and Accident Attorneys in Las Vegas, Nevada, can help with.
Major rideshare providers like Uber and Lyft have been sued for negligent hiring and training of their drivers. Plaintiffs can argue the company did not sufficiently vet drivers or establish safety protocols.
Rideshare companies may also face lawsuits for failing to maintain and inspect vehicles or failing to enact sufficient safety and maintenance policies. Plaintiffs can allege that these negligence actions contributed to the accident. A rideshare accident lawyer from Karns & Karns Personal Injury and Accident Attorneys in Las Vegas can help build your case.
However, successful lawsuits filed by a rideshare accident lawyer Las Vegas NV require concrete evidence of negligence by the rideshare company. It is not enough to argue that the driver was negligent. The plaintiff must prove the company’s own safety failures caused the accident. But large settlements against rideshare companies are possible with strong evidence.
Shared Liability Scenarios
There are accident scenarios on the Las Vegas Strip in which liability may be shared between multiple parties:
- Multi-vehicle accident caused by distracted or impaired rideshare driver. The rideshare company holds primary liability but other drivers may share fault.
- Rideshare vehicle collides with a delivery truck unloading supplies at a Strip hotel. Liability can fall on both the rideshare driver and delivery driver/company.
- Rideshare passenger opens door into oncoming vehicle’s path. Passenger, rideshare driver, and other vehicle driver may all hold partial liability.
- Rideshare driver collides with a vehicle exiting a parking garage onto Strip. Liability can be disputed between both drivers.
In these scenarios, insurance claims and lawsuits may need to identify and negotiate shared liability based on each party’s percentage of fault. This can become complicated but it also ensures fair settlement distribution.
The driver who caused the collision is usually liable for damages, regardless of intent. Rideshare drivers who cause accidents due to distracted driving, drowsy driving, or driving impaired may still be fully liable in Nevada, even if the behavior was unintentional.
This highlights the importance of rideshare drivers maintaining alertness and avoiding distractions. Negligent driving that causes an accident can leave the rideshare driver fully responsible for injuries and damages.
Rideshare accidents on the Las Vegas Strip involve complex liability scenarios. But identifying which insurance policy was active at the time of the incident provides the greatest clarity. Passengers, third parties, and rideshare drivers should consult an experienced Las Vegas rideshare accident attorney from Karns & Karns Personal Injury and Accident Attorneys in Las Vegas, Nevada, to determine liability and pursue fair claim settlements.
Call us today on 1-800-4THE-WIN (1-800-484-3946) for a free consultation with one of our experienced car accident lawyers in Las Vegas.
