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Las Vegas Rideshare Accident Lawyer

Hanratty Law Group > Las Vegas Rideshare Accident Lawyer

Two cars after an accident.Being involved in a car accident can be overwhelming and confusing enough. When you are part of an accident that involves a rideshare company, the entire process can be even more difficult to handle on your own. While apps such as Uber and Lyft have certainly made things easier, particularly in major cities like Las Vegas, it can be difficult to seek legal compensation when things go wrong. A Las Vegas rideshare accident lawyer can help.

Our legal team at Hanratty Law Group understands how complicated these cases can become. There are certain unique challenges that arise when dealing with a rideshare accident that you simply won’t see with a traditional car accident case. Our legal team is here to help guide you through the legal process and ensure you are not taken advantage of. Contact Hanratty Law Group at 702-570-9287 to learn more.

 

What to Do After a Rideshare Accident

The immediate aftermath of a car accident is critical. The actions you take during this time will essentially define the strength and validity of your case. You need to prioritize your own safety and well-being above all else. Try to remain calm and clear-headed and focus on documenting as much as you can. Here are some of the most important steps you should take after being involved in a rideshare accident:

  • Don’t Panic. Above all, you should do whatever you can to keep yourself together. Being involved in a car accident can be a stressful and frightening situation. If you lose your head or start to panic, you might make things worse. Take a few deep breaths, assess your situation, and remain as calm as you can.
  • Check for Injuries. When you are in a car accident, especially a bad one, you may end up suffering some level of shock. If you are in shock, you may be badly injured but unaware of it. Take a moment to check yourself for injuries, then do the same for any passengers in the car with you. Look for blood, red areas, protrusions, sprains, and anything that might be broken.
  • Call 911. Be sure to get the proper authorities to the area as soon as you can. It is important to have law enforcement present to block the area and EMTs to check you for further injuries. If you can’t find any injuries but you feel like you are in pain, be sure to say something to the EMTs about that. You could have internal damage.
  •  Document the Scene. Once the police have given you the all-clear, you should start documenting the accident scene for your own records if you are able to. Take plenty of photos of your injuries, the damage to all vehicles, the conditions of the road, and any posted signs. Be sure to speak to any witnesses who may be willing to help your case. Get their contact information for later.
  • Collect Insurance Information. Make sure to gather insurance details from all parties involved, including the rideshare driver’s personal insurance and any applicable rideshare company insurance coverage.
  • See a Doctor. Once everything has been handled, you should go and see your doctor to get checked out. The EMTs may have missed something, and you should get a thorough examination. Additionally, having a medical record of your injuries will be very helpful for your accident claim.

Should You Report the Accident to the Rideshare Company?

Yes, you should absolutely report the accident to the rideshare company. The rideshare company needs to be aware of your accident, and you shouldn’t waste any time reporting it. This ensures that there is an official record of the accident. Most rideshare apps have a built-in feature that lets you report an accident. You may also consider reaching out to the company’s customer service through email or by calling them.

Make sure you provide them with all the necessary information, including the rideshare driver’s name, license plate number, and a detailed description of the accident. Provide them with any photos you have taken and your medical reports if you have seen a doctor. Document their response in case they try to dispute your claim later on.

Proving a Rideshare Accident Claim

A rideshare driver interacting with a smart phone.Pursuing legal action in a rideshare accident case can be easier said than done. Above all, you will need as much evidence as you can find that supports your claim. A Las Vegas Uber and Lyft accident lawyer from Hanratty Law Group can help you craft a strong case and gather the necessary evidence you need. You may want to reach out to us sooner rather than later to help you gather crucial evidence. Evidence can take many different forms, including

  • Photos and Videos. Be sure to document the accident scene as clearly as you can. Take plenty of photos and videos of the scene.
  • Witness Statements. Many vehicular accidents have witnesses who may be willing to help your case. Be sure to collect their contact information so they can provide you with a statement, which can add credibility to your accident claim.
  • Rideshare App Records. Rideshare apps like Uber and Lyft keep detailed records of every ride that goes through their company. These records will likely include trip details, information about the driver, and communication logs. These records can help establish liability and give the court a clearer picture of the driver’s status at the time of the accident.
  • Police Reports. Make sure a police report is filed for your accident and that you are able to obtain a copy for your own records. Police reports may contain valuable information for your case, such as the officer’s own observations, any citations that were issued at the scene, and the officer’s preliminary assessment regarding who was at fault for the accident itself.

Common Rideshare Accident Injuries

Depending on the severity of the accident, the injuries you sustain in a car accident can be quite severe. People die in car accidents all the time, while other people suffer life-altering injuries that completely change their quality of life for the worse. Here are some of the most common injuries you could sustain in a car accident:

  • Traumatic Brain Injuries. One of the most common injuries that stems from car accidents is a traumatic brain injury (TBIs). A TBI can be caused by a swift blow to the head or a penetrating brain injury, both of which can happen in a severe car accident.
  • Whiplash. Whiplash occurs when your neck is jerked violently as a result of a sudden movement. A car accident can cause whiplash and additional neck injuries, which can range anywhere from mildly inconvenient to quite severe.
  • Broken Bones. Breaking a bone in a car accident is fairly common. Depending on the details of the accident, you could end up with multiple fractures. This could lead to ongoing physical therapy and rehabilitation if the break is severe enough.

Liability in Rideshare Accidents

In order to determine liability in a rideshare accident in Nevada, multiple factors need to be taken into consideration. These factors include whether the driver was actually logged into the rideshare app at the time of the accident or whether they were driving between rides. The status of the driver is ultimately the key to determining where liability lies. If the driver was actively working at the time, liability may lie with the rideshare company itself.

To maintain their status as rideshare drivers, drivers must maintain their vehicles and insurance policies. While personal insurance policies often exclude commercial activities, rideshare apps such as Uber and Lyft offer additional coverage that only applies under certain conditions, such as when the driver is logged into the app and actively picking up passengers.

Since rideshare drivers are technically classified as independent contractors, rideshare companies are often reluctant to accept any liability for any accidents that those drivers are involved in or responsible for. These companies often employ teams of lawyers to protect their liability policies, but it’s not uncommon to pursue legal action against them as well as the driver’s insurance company.

How Are Rideshare Accidents Different from Car Accidents?

Dealing with the legalities of a rideshare accident can be quite different from the legalities of a standard car accident. There are many different, unique elements that need to be considered as part of the case, including:

Liability

In a normal car accident, liability often falls on the driver who caused the accident. Legal action can help determine exactly who was at fault for the accident. In a rideshare accident, however, things are rarely that simple. You have to consider the driver’s status at the time. If they were logged into the app and picking up passengers, liability may fall not just with the driver, but with the rideshare company that employed them as well.

Insurance Coverage

Dealing with insurance companies can also be quite different when dealing with a rideshare accident. In normal car accidents, the at-fault driver’s personal auto insurance would usually cover the car accident, but personal auto insurance generally does not include accidents that happen while the driver is working for rideshare apps. Rideshare companies offer additional coverage, but only in certain situations:

  • If the driver is offline at the time, only the driver’s auto insurance applies.
  • If the driver is offline but awaiting a ride request, the company provides limited liability coverage.
  • If the driver is on the way to a pickup or actively driving a passenger, the company offers full coverage that includes liability, collision, and even uninsured motorist coverage.

Compensation Available for Accident Victims

Victims of rideshare accidents are able to seek multiple forms of compensation for their injuries, both physical and emotional. With the help of our experienced Las Vegas rideshare accident lawyer at Hanratty Law Group, you can hold the right people accountable for causing you serious distress and injuries. The worse your injuries, the more you will likely be able to claim in a settlement amount or be awarded by a jury. Your compensation is split into two distinct categories:

  • Economic Damages: Economic damages are the tangible financial losses you have suffered as a direct or indirect result of the accident. They include property damages, medical expenses, and lost wages from missing work due to your injuries.
  • Non-Economic Damages: Non-economic damages refer to intangible losses. It can be hard to put an exact number on the various non-economic damages you may have suffered as a result of the accident. They include emotional distress, pain and suffering, loss of companionship, and more. Depending on the at-fault driver’s conduct, you may even be awarded additional punitive damages by a sympathetic jury.

Statute of Limitations

Someone taking a photo of a rear end car accident.Before you can pursue legal action in a rideshare accident case, you need to make sure that your case adheres to the state of Nevada’s statute of limitations for personal injury cases, which include rideshare accident cases. Generally, the state will give you two years to put together a strong case, gather the evidence you need, speak with a personal injury lawyer, and file a claim for compensatory damages.

If you are unable to build your case before two years have passed, your case will likely be thrown out, and your chance to pursue damages will pass by with no legal action taken. Building a strong rideshare accident case can take more time than you think. It is wise to reach out for assistance sooner rather than later.

Reach Out to a Las Vegas Rideshare Accident Lawyer Today

Our legal team at Hanratty Law Group understands how difficult it can be to build a solid rideshare accident claim on your own. We can assist you in building a strong, reliable case that protects your interests and highlights the facts. Through collecting evidence and consulting with expert witnesses, we can make sure the right people are held accountable for what happened to you.

Our experienced Las Vegas car accident lawyers can negotiate with insurance companies on your behalf and prevent you from being taken advantage of. Our team is recognized for its relentless pursuit of justice when it comes to our clients’ personal injury cases. Reach out to Hanratty Law Group at 702-570-9287 or contact us through our online portal to speak with one of our team members in a free consultation.

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