Navigating Rideshare Accidents in Henderson, Nevada: Your Guide to Uber Accident Claims & Legal Rights

Ridesharing services like Uber and Lyft have become incredibly popular over the last decade, providing a convenient and affordable way to get around. However, with more rideshare vehicles on the road, accidents involving them are bound to happen. If you’ve been involved in an Uber or Lyft accident in Nevada, you probably have a lot of questions about your rights and options. This guide breaks down everything you need to know about making an accident claim and understanding your legal protections.

Determining Liability in a Rideshare Accident

The first step after any accident is figuring out who was at fault. This can be tricky with ridesharing since there are multiple parties involved. Here are some key factors in determining liability:

  • Was the driver en route to pick up or drop off a passenger? If so, their rideshare insurance should cover damages. If they had the app on but no passenger, their personal insurance may deny the claim.
  • Did the accident involve another vehicle? If so, typical rules of the road apply. The driver who was negligent or violated traffic laws is usually deemed at fault.
  • Was the accident the rideshare driver’s fault? If they caused the crash due to distracted driving, speeding, etc., their insurance should pay out. If they were not at fault, the other driver’s insurance is responsible.
  • Did a defect with the vehicle contribute? Product liability laws mean the automaker could share fault. Detailed accident investigations help assess if this played a role.

Thoroughly documenting the accident and gathering witness statements is key to proving fault. Consulting rideshare accident lawyers Nevada early on can also help establish liability.

Navigating Insurance Coverage with Uber Accidents

  • Insurance is often the most confusing part of rideshare accidents. Here’s how coverage works: Uber Insurance Phase 1: This phase starts as soon as a driver logs into the app, but has not accepted a ride. During Phase 1, Uber provides third-party liability insurance up to:
    • $50,000 per person for injuries
    • $100,000 total for injuries per incident
    • $25,000 for property damage.
  • Uber Insurance Phase 2: This phase is in effect from the time the driver accepts a ride and is on their way to pick up their passenger. During this phase, Uber insurance is primary and provides a $1,500,000 liability policy per incident. This policy has higher limits than most personal auto policies.
  • Uber Insurance Phase 3: This phase is in effect from the time the driver picks up a passenger to drop-off. During this phase, Uber insurance is primary and provides a $1,500,000 liability policy per incident. Again, this policy has higher limits than most personal auto policies.

Nevada passed a law in 2015 (Assembly Bill 175) that regulates transportation network companies like Uber and Lyft and requires minimum liability coverage levels, to help prevent problems like Uber insurance policy limits. Nevada lawyers experienced in working with rideshare accident victims are familiar with this.

Steps to Take After a Rideshare Accident

It’s important to take proactive steps after any auto accident, but particularly with rideshares, given the complexities. Here are key things to do at the scene:

  • Check for injuries and call 911 if medical attention is needed
  • Avoid admitting fault, even if you think you caused the crash
  • Exchange info with other drivers (license, registration, insurance, etc.)
  • Take photos of the damage, the scene, and injuries
  • Get witness statements and contact info
  • Note relevant details like the weather and road conditions
  • Call the rideshare company right away to report the accident
  • Seek medical attention even for minor injuries due to delayed onset
  • Contact rideshare accident attorneys Henderson to discuss your legal options

Thorough documentation and early legal guidance will optimize your ability to recover damages. An attorney can handle the insurance claims process for you while you focus on recovery.

Your Legal Rights and Options After a Rideshare Accident

Rideshare accident victims have legal rights and options under Nevada law. An attorney can help you understand and exercise the following:

Ability to seek compensation – As the victim, you can make an injury claim or lawsuit to pursue compensation for both economic and non-economic damages. These include medical bills, lost wages, pain and suffering, and more.

Shared fault – Nevada uses a “comparative negligence” system. So, even if you were partially at fault, you can still recover compensation reduced by your percentage of fault. An attorney can help establish where the fault lies.

Strict one- or two-year deadline – For injury claims in Nevada, you typically have only one year from the accident date to file a lawsuit. In rideshare cases, it’s two years. This deadline comes quickly, so pursue legal action promptly.

Ability to demand a jury trial – Those suing for serious damages have the right to request a jury trial vs. a bench trial. Juries often award higher damages.

Potential for punitive damages – If the rideshare company or driver’s actions were grossly negligent or reckless, punitive damages may be awarded as further punishment. But this threshold is high.

Consulting with legal counsel ensures you understand your options and can make informed decisions on pursuing maximum compensation.

Why Hire an Attorney?

With complex insurance policies and liability questions, rideshare accident cases have many moving parts. An attorney experienced in this area can help by:

  • Conducting a detailed investigation to establish fault
  • Navigating complex insurance claims on your behalf
  • Determining all liable parties and legal avenues for recovery
  • Estimating damages and crafting a demand letter backed by evidence
  • Negotiating aggressively to reach the maximum settlement
  • Filing a lawsuit if needed and effectively arguing your case
  • Avoiding common pitfalls that reduce settlement values
  • Allowing you to focus on recovery while we handle legal matters

Don’t go it alone. With so much at stake, it’s important to speak to an attorney about protecting your rights and getting the outcome you deserve.

Contact Us for Help

If you or a loved one has been injured in a rideshare accident in Nevada, the legal team at Karns & Karns Personal Injury and Accident Attorneys is here to help. Contact us for a free consultation to discuss your case. With decades of combined experience successfully handling motor vehicle injury claims, our Nevada rideshare accident lawyers have the skills and tenacity to get you maximum compensation. Don’t wait to reach out – we’re available 24/7 to offer trusted guidance when you need it most.

Navigating Rideshare Accidents in Texas: Your Guide to Uber Accident Claims & Legal Rights

Rideshare services provide unprecedented convenience and affordability for those who use them. As the Texas population grows, so does the demands for Uber and Lyft and the number of rideshare vehicles on the road. While these vehicles and their drivers are generally safe, accidents do happen. When they do, they cause injuries and fatalities in addition to confusion and legal complexities for those who seek compensation for the damages that occur. It is therefore crucial that all Texas residents understand their legal rights and the legal process of seeking claims following rideshare accidents.

What Are Your Legal Rights?

You have the right to hold the driver and the rideshare company responsible following a rideshare accident. While you can navigate the required processes on your own, that is never a good idea. There are complexities and subtleties you need to understand when navigating rideshare accidents in Texas as well as in how these companies handle accident claims and what should happen under Texas law. Fortunately, an experienced rideshare accident injury lawyer can help you with filing a lawsuit or negotiating a settlement with the relevant insurance companies.

What to Do Following a Rideshare Accident

Whether you are a passenger or a pedestrian struck by a rideshare vehicle, the first step is ensuring your safety and seeking medical attention. Check yourself for injuries, get to a safe area, and call 911. Medical professionals should arrive at the scene to treat your injuries. The police will create a report that details how the accident occurred, who is likely at fault, road conditions, the final position of the vehicle or vehicles involved, and other relevant details.

This report will be crucial during a lawsuit or when seeking compensation because it can further strengthen eyewitness statements of what happened. It can also help your Uber accident injury lawyer ensure that only the driver or Uber is held liable for your injuries and damages.

Gathering Information

The strength of your lawsuit or settlement negotiations will depend on how much evidence you have and what the evidence says regarding who is at fault. Start by collecting the driver’s information, including their names and contact information. Do this for the other driver if they struck your vehicle if you were not a passenger at the time.

Next, collect the vehicle’s license plate number and description. You can also describe its condition following the accident. Although illegal, a driver might take their vehicle to a mechanic to get repaired to hide the evidence. Having a report of what it looked like immediately following the accident can circumvent this.

The rideshare accident law firm you hire will also need eyewitness statements if they are available. Collect them and the contact information of everyone willing to give them to you. If you are transferred to the hospital following the accident, do not worry about this because it is impossible to find these witnesses after the fact.

If you can, take photographs and shoot videos of the area, final vehicle positions, and other details like skid marks on the road.

Lastly, document your injuries. While these will be supported by your medical records, doctors’ notes, and the treatments you get, it is always helpful to have videos and photographs of them.

Report the Accident

Uber and Lyft provide options for reporting an accident through their app. The report should only contain the facts, and you should be careful not to suggest you could be liable. You should also contact your insurance company.

Doing this will ensure you comply with the terms set in your policy and give them time to assess the situation so they can know what to do.

Hire an Attorney

As mentioned, you can seek compensation or negotiate a settlement on your own, but this is never a good idea. Uber and insurance companies will do everything they can not to pay a claim unless they see no way not to do so. Contacting rideshare accident lawyers in Texas as soon as you can gives you the best chance at a favorable settlement. That is in addition to the Uber crash lawyer sending the correct summons and filing your lawsuit correctly.

Because of how important they are to your case’s outcome, take your time and do adequate research before hiring a rideshare accident lawyer. Ensure they have enough experience handling cases similar to yours and have gotten favorable outcomes and significant payouts for their clients.

The best Texas rideshare accident lawyers encourage you to contact them for a free consultation to discuss your case. You can call or visit the offices of Karns & Karns Personal Injury and Accident Attorneys, and we will discuss your case. Ensure that you have all your evidence, documentation, and facts ready because that will help the rideshare accident lawyer better understand your case, including how much it could potentially be worth.

Understand Insurance Coverage

You can research how much coverage you are entitled to before or after talking to an insurance accident lawyer. Regardless of when you do, the bottom line is that Uber provides different levels of coverage depending on when the accident happens. The coverage is much lower if you are struck by a driver who has not accepted a passenger and is higher if you are the passenger or if they have picked one up.

Also, the driver’s insurance might be responsible for the compensation if the driver was not on duty during the accident. It is best to let your attorney sort this out because the blame game and what happens next can be too complicated.

Settlements and Lawsuits

Uber or the insurance company will likely provide a settlement offer once your rideshare accident attorneys in Texas file a lawsuit. Let your attorney(s) handle the negotiations for you. If everything breaks down and you have strong evidence, they can take the case to court and win you a sizable sum.

Do understand that the negotiations can take some time depending on several factors, but your attorney should be ready to go to court if the other parties stall or do not negotiate in good faith.

While they are a convenient option, rideshare vehicles, and drivers get into accidents that lead to serious damages. If you are involved in such an accident, you have the right to sue for compensation for the damages incurred. Get medical attention immediately and then hire a rideshare accident injury attorney so they can help you with the necessary processes.

Who Is Liable if an Uber Driver Hits You in California?

When an Uber driver hits you or your car, who is responsible? Is it them? Or the company? It is important to know exactly who is to blame and where your claim will take you. The good news is, there is always a path forward. The slightly unfortunate news is, that this road may be a complex journey. Karns & Karns Personal Injury and Accident Attorneys present the guide below to clear things up on the subject.

Californian Road Laws

What does the law say? Well, any car accident that takes place in California state is subject to judgment of negligence. This means every single vehicle on the CA roads will be assessed for how much culpability they have if they are involved in an accident. Therefore, if an Uber crashes into you and it is completely their fault, for instance, they were texting, then they will be liable. But, who do you make a claim against insurance or personal injury wise? This is where our team of accident injury lawyers are the experts.

The Driver

Sometimes, it is possible to claim on the driver’s insurance or pursue a personal injury case against them personally. This might be possible if they were not actively working on behalf of Uber at the time of the collision. Or, if Uber decides they are not going to represent them for a technical reason like the driver breaking regulations and so on. If you are claiming against the individual driver, the case will be just like any other.

Uber the Brand

However, if you are working against Uber’s corporate lawyer team, you will need a bit of extra input. Don’t worry, it is always possible to get the results that you want; it might just take a little more time to arrive at that point. One of of Uber accident attorney experts can talk this through with you at any time.

How Do You Prove Negligence?

Ask any Uber crash lawyer and they will tell you there are three things you could need if you want to prove negligence in this kind of situation.

One: Establish Duty of Care

A ‘duty of care’ is something all the citizens (and visitors) to California have. It is the legal responsibility and general assumption that people take reasonable measures to ensure they do not hurt anyone while doing things like driving.

Two: Show Why It Was Neglected

The next step will involve a display of evidence that supports your claim around said duty of care being neglected. This can be things like

  • Driving under the influence of alcohol or drugs
  • Speeding
  • Distracted vehicle operation

Three: Prove This Negligence Caused Harm

The last step is to show why this act of negligence directly impacted you. There will be a link between the crash and the status of the driver, and this stage is simply about gathering evidence and putting the pieces together.

Determining Liability

There are a few factors that may complicate the process. It’s worth knowing what these roadblocks are so that you feel more confident if they come up along the way.

The Driver: Were They ‘On Shift?’

If the answer is yes, then technically Uber should take responsibility for the collision. This is not always the case, but the driver is representing the brand and they got into an accident on company time. Therefore, it is a company problem. However, there are complications like a driver failing to log in to the official Uber App and register a rideshare journey. While it doesn’t happen often, it does happen.

Was the Driver In a Fit State to Operate?

The next question concerns whether the driver was sober, awake, and driving safely. Should the answer be no, it is obvious to a vehicle accident lawyer that this could also complicate matters.

Uber’s Policies

Uber, of course, has an airtight and non-negotiable insurance policy. This covers drivers who may become involved in minor and major collisions while on shift. So, if their passenger becomes injured while they are representing the company, the policy covers up to $1 million of damages.

How to Move Forward

If you are filing a claim for either insurance or because of a personal injury, you need to know what comes next.

Finding Evidence

What evidence have you gathered so far? When meeting with our team, we will ask you about this, but it is nothing to be nervous about. Evidence is things that show your side of the story. So, anything from photographs of your injuries to accident report logs will be useful in determining liability.

Be Careful About What You Say

Slipping up and saying the wrong thing is so much easier than you could ever imagine. That is why we are here to coach you and be by your side. Every single conversation you have with an insurance company or a personal injury law firm from the negligent party should have your own lawyer present. Never speak with anyone alone because they can, and absolutely will, hold it against you. Anything that comes out of your mouth from this point forward is evidence and can be used in a court setting or during negotiations. Even if you didn’t mean it, it doesn’t matter.

Figure Out What You Are Claiming For

Did you suffer from a serious injury? Or is this insurance claim about your vehicle instead? Or, it could be a combination of the two factors. Everyone’s case is different, and we will work with you to determine the best course of action.

When an Uber driver hits your car or person in California, the state will determine who is to blame. This will require our team to establish negligence and explore the facts of the matter. Uber may or may not take the hit to their insurance, it all comes down to what happened and why.

Here at Karns & Karns Personal Injury and Accident Attorneys, we are ready to help. Car accidents are a vulnerable time, and reaching out for help can make them easier to navigate. Get in touch and make an appointment to see us.

Los Angeles Rideshare Accident Lawyer

rideshare of uber & lyft

If you’ve been in a rideshare accident, you may feel confused about what next steps to take. What should you do after a rideshare accident? How do you figure out who’s at fault and who’s paying for the damages? And how long do you have to file a claim in Los Angeles?

We at Karns & Karns Personal Injury and Accident Attorneys are highly experienced in personal injury law, including car and rideshare accidents, and we may be able to give you the guidance you need. Allow us to break down everything you need to know about rideshare accidents in Los Angeles.

How Do You Calculate Fault After a Los Angeles Rideshare Accident?

In California, including Los Angeles, fault in a personal injury accident is calculated on pure comparative negligence. This means that in a rideshare accident, multiple parties might be at fault and responsible for paying damages.

In general, fault is calculated in percentages as determined by legal representatives and insurance companies. In order to calculate the damages a particular party is responsible for, you multiply their percentage by the total amount of damages.

If the driver of a rideshare vehicle is driving while texting and rear-ends the vehicle of a driver who is rubbernecking, both parties maybe at fault. Maybe the rideshare driver is considered 60% at fault, and the rubbernecking driver is responsible for 40% of the damages. If the total amount of damages is calculated to be two million dollars, the rideshare company and driver may be responsible for $1.2 million in damages.

Who Pays for Damages in a Los Angeles Rideshare Accident?

At-fault parties will need to pay the damages for a rideshare accident. In a typical car accident, these damages may be paid for by insurance companies. However, in rideshare accidents, the rideshare company itself may be held liable depending on the damages. Whether or not the rideshare company is responsible may also be determined by the driver’s status within the phone application used to manage the ride. This may include the Uber or Lyft apps, for example.

In a case where the rideshare driver does not have the application active on their device, they will likely be responsible for paying all of the damages out of their individual insurance or their own pocket. This is similar to being off the clock, as employers are typically not liable for accidents that occur while employees are off company property and not working.

However, in the case the rideshare driver has the app running and is waiting for work, the rideshare company will generally be held liable to a certain extent. In this case, Uber or Lyft will generally pay for up to $50,000 in bodily injury per person, $100,000 in bodily injury per accident, and $25,000 in property damage per accident.

Suppose a rideshare driver is en route to pick up a rider or is on the way to a rider’s final destination. In that case, rideshare companies will often offer even more coverage: up to one million dollars. However, in some cases, rideshare drivers may be required to use their own collision insurance to pay for damages.

What is the Statute of Limitations for a Los Angeles Rideshare Accident?

In California, the statute of limitations for most personal injury claims is two years. A personal injury accident generally includes any accident where at least one party has been injured, and this may include your rideshare accident case.

What Can a Los Angeles Rideshare Lawyer Do for You?

If you’re considering taking legal action following your Los Angeles rideshare accident, you may want to hire a lawyer to assist you in your case. Your lawyer may be able to help you throughout the entirety of the legal process in many ways.

Referrals and Resources

Many lawyers may be able to offer suggestions for medical care facilities to visit, as well as, supply you with extra resources that might be helpful to your recovery. We strongly recommend visiting a medical professional following your accident if there is any chance you may have been injured.

Collect and Analyze Evidence

Your lawyer may also be able to assist with collecting and analyzing evidence for your case. This may include getting into contact with potential witnesses for statements, as well as, footage of the accident from nearby traffic cameras or private businesses.

Legal Knowledge

Your lawyer, especially if they are familiar with personal injury law and rideshare accidents, likely has the legal knowledge to aid you through your case. This may be useful in constructing arguments and analyzing evidence.

Adept Negotiation Skills

Lawyers are often considered to be adept negotiators. Your lawyer may be able to use their skills to lower your fault or increase your compensation, especially during settlement negotiations.

Maximize Potential Compensation

Your lawyer may be able to maximize the compensation you’re entitled to because of their unique situation. The combination of legal knowledge, negotiation skills, and understanding of your side of the story may assist them in effectively negotiating, decreasing your fault and obtaining the most compensation for you as possible.

Tailored Next Steps

Depending on the specifics of your case, your lawyer may be able to assist you further. You may be asked to avoid discussing your case, stay off of social media, or seek medical attention, for example.

Get the Help You Deserve From a Los Angeles Rideshare Accident Lawyer at Karns & Karns Personal Injury and Accident Attorneys

We at Karns & Karns Personal Injury and Accident Attorneys know how stressful a rideshare accident may feel, but we dedicate ourselves to fighting for our clients and maximizing their compensation. Our legal team is compassionate and confident, allowing our clients to feel supported each step of the way.

We only accept payment for our personal injury cases on a contingency fee basis which means you don’t pay us, until you get paid, and we’re available to schedule a free consultation any time. If you think we may be able to help you, feel free to contact us by calling 877-557-4221.