If there’s evidence of negligence by the driver, or the driver intentionally took an action that caused you harm, the driver could be sued. It’s no different than if the driver was a neighbor or taxi driver. It boils down to the facts, which need to be determined through an investigation.
If you’ve been injured in a rideshare accident, contact Oronoz & Ericsson Injury Lawyers so we can discuss what happened and you can learn about your legal rights. Call us at (702) 878-2889 or use our online form.
Insurance Plays a Key Role in Uber Accidents
Personal injury cases revolve around insurance. Negligent drivers rarely have the assets to pay for their legal representation plus pay a settlement or a jury verdict. Though the Uber driver may be the defendant (the party being sued) it’s an insurance company paying for the legal defense and potential damages.
The driver is required to have at least Nevada’s minimum insurance coverage, but it may not help. Personal insurance coverage may exclude claims if the driver is behind the wheel as part of a business. A smart rideshare driver will obtain a commercial policy designed for the needs of these drivers.
Uber also has insurance coverage in case of an accident, according to the company’s website. It states the company’s insurance will cover the driver for claims made by a passenger under two circumstances:
- Third-party liability coverage: This covers bodily injuries or damages caused to riders, those in other vehicles, pedestrians, or to property. Coverage limits vary by state but are at least $1,000,000.
- Uninsured or underinsured motorist bodily injury coverage: This insures the driver and his or her riders if an accident happens on a passenger trip and another driver is at fault. If that person lacks sufficient insurance, or the accident is a hit and run and the other driver’s identity is unknown, coverage limits vary by state but are at least $250,000.
What’s Needed to Show Negligence
Whether you have grounds to file an insurance claim or lawsuit depends on the facts of the accident. In a negligence claim, you would need to show:
- The Uber driver owed you a legal duty (drive reasonably, not be distracted or intoxicated while driving, follow Nevada laws and rules of the road);
- That duty or obligation was breached or violated;
- That was the factual and legal (or proximate) cause of your injuries and damages; or
- Under Nevada law, the driver is required to compensate you for the harm done
Unfortunately, there have been cases where passengers were intentionally, physically assaulted by Uber drivers. If that’s the case, driver negligence isn’t an issue. The claim would center on proving the driver caused you harm.
The facts in these cases are critical. After we are retained in an accident case, we start an investigation to determine what caused the accident and what parties, if any, could be held liable. The earlier you contact us after your accident and we both agree Oronoz & Ericsson Injury Lawyers will represent you, the sooner we can start working on your case.
Schedule a Free Consultation With Our Uber Accident Attorneys
If injured in a Las Vegas Uber accident, contact us immediately at (702) 878-2889. We are available 24/7 and are committed to helping Las Vegas residents and visitors alike recover maximum compensation for their injuries.