Ridesharing accidents in Nebraska are a growing concern. Victims of Uber and Lyft accidents should know they have rights, including the ability to seek compensation through lawsuits or insurance claims. A ridesharing accident lawyer can guide victims through this legal process to help them receive the compensation and justice they deserve. Below, Liberty Law Group covers ridesharing accidents in more detail. Individuals can learn about the causes of accidents, the legal options available to victims, and how a ridesharing accident lawyer can be a major plus in these situations.
Omaha Ridesharing Accident Lawyers
The lawyers at Liberty Law Group are dedicated to providing support for personal injury claims. Our firm is experienced in handling numerous personal injury cases on behalf of injury victims in Nebraska and Iowa.
If you or a loved one has been injured in a rideshare accident, contact our firm at (402) 865-0501 to request a free consultation to discuss the facts of your case.
Ridesharing Accidents in Nebraska
- Types of Ridesharing Accidents
- Causes of Ridesharing Accidents
- High-Risk Areas for Ridesharing Accidents
- Liability in Ridesharing Accidents
- How to File for Injuries in a Ridesharing Accident Case
- Types of Damages in Ridesharing Accident Cases
- What to do After a Ridesharing Accident
- Frequently Asked Questions
Types of Ridesharing Accidents
Ridesharing accidents, involving popular services like Uber and Lyft, encompass several types of incidents. One of the most common types is a collision involving a ridesharing vehicle and another motor vehicle. These collisions can occur due to a variety of reasons, such as one of the drivers running a red light, failing to yield, or engaging in reckless driving behaviors. Often, these accidents result in significant damage to both vehicles and can lead to injuries for the drivers and passengers involved.
Another frequent scenario in ridesharing accidents involves pedestrians or cyclists. In populated areas, where ridesharing services are heavily utilized, the chances of a ridesharing vehicle colliding with pedestrians or cyclists increase, particularly in areas with high pedestrian traffic or tight streets.
Solo incidents, where a ridesharing vehicle crashes independently of other vehicles, also constitute a notable category of ridesharing accidents. Factors contributing to these incidents can include the ridesharing driver losing control due to excessive speed, adverse weather conditions, or mechanical failures in the vehicle. Those accidents can range from minor to severe, depending on the circumstances of the loss of control and the environment in which the accident occurs.
Causes of Ridesharing Accidents
Distracted driving is a significant issue, as ridesharing drivers frequently need to use navigation apps and communicate with passengers or the ridesharing service itself. This multitasking can divert their attention from the road, increasing the risk of an accident. Speeding and aggressive driving are other common causes, sometimes driven by the pressure on drivers to complete as many rides as possible in a given time frame.
Fatigue is another factor, particularly for those who drive for extended periods or juggle ridesharing with other jobs. Inexperience with specific areas or neighborhoods can also catch drivers off guard and lead to accidents. Poor vehicle maintenance, despite regular requirements for service checks, can still lead to accidents if serious issues are overlooked or ignored. Finally, impairment due to alcohol or drugs poses a significant risk, contributing to bad judgment and reaction times.
Nebraska High-Risk Areas for Ridesharing Accidents
In Nebraska, the likelihood of ridesharing accidents varies by location. Omaha and Lincoln, with their high population and widespread use of ridesharing services, see many of these accidents. Busy intersections in these cities, streets filled with bars and other restaurants, and areas around universities or major event venues are prone to ridesharing incidents. These areas often combine heavy traffic with lots of pedestrians and cyclists, increasing the chances of accidents.
The rural parts of Nebraska might experience fewer ridesharing accidents due to the lower presence of such services and reduced traffic. However, the accidents that do occur in these areas could be more severe because of factors like higher speed limits on rural roads, dimly lit roads, and potential delays in emergency response due to longer distances.
Liability in Ridesharing Accident Cases
Determining liability in ridesharing accidents involves identifying who was at fault for the incident. Often, the ridesharing driver themselves can be held liable, especially if their negligence, such as distracted driving, speeding, or violating traffic laws, led to the accident. However, liability can also extend to the ridesharing company, like Uber or Lyft, under certain conditions. This is particularly the case if the company’s policies or lack of adequate driver vetting contributed to the accident.
In some scenarios, other drivers involved in the accident can be liable, especially if their actions, like running a red light or driving recklessly, caused the collision. Additionally, if poor road conditions or inadequate signs were factors, liability might extend to government entities responsible for road maintenance and safety. In cases where vehicle malfunction played a role, the manufacturer of the vehicle or a specific part could also be held accountable.
Filing an Insurance Claim or Lawsuit
The legal process often begins with identifying the liable party and then filing a claim against their insurance. This could be the ridesharing driver’s personal insurance, the ridesharing company’s insurance, or another driver’s insurance, depending on who is at fault. In some cases, the victim’s own insurance may also be involved, particularly if dealing with uninsured or underinsured drivers.
The victim or their legal representative will need to gather evidence to support their claim, such as police reports, witness statements, and any available footage of the accident. This evidence is important in establishing liability and the extent of the victim’s losses. Negotiations with insurance companies typically follow, aiming to reach a settlement that covers the victim’s losses. If an agreement can’t be reached or if the insurance coverage is insufficient, the victim may consider filing a lawsuit.
Filing a lawsuit involves presenting the case in court, where a judge or jury will determine liability and the compensation owed. This process can be complex and time-consuming, so many victims choose to work with an attorney who handles ridesharing accidents.
Victims of ridesharing accidents in Nebraska must be aware of the time limits for legal action, as outlined in Nebraska Revised Statute 25-207. This law establishes a four-year statute of limitations for personal injury claims resulting from motor vehicle accidents. This means victims have a four-year window from the accident date to initiate legal proceedings. If they fail to file a lawsuit within this period, they generally lose the right to seek damages.
Also, Nebraska Revised Statutes 30-809 and 30-810 address situations where an individual dies in a ridesharing accident due to another’s negligence or wrongful act. The law allows the deceased’s family to file a wrongful death claim. This claim must be filed within two years of the death and is typically filed by the deceased’s legal representative. The purpose of this lawsuit is to provide financial relief to the victim’s spouse and family, covering things like lost income, funeral expenses, and the emotional trauma associated with the loss.
Uber’s Insurance Coverage
- App Off: When an Uber driver is offline, meaning their app is off, Uber’s insurance does not apply. In such cases, any accidents are covered under the driver’s personal auto insurance policy.
- App On, Waiting for Ride Request: Once the driver turns on the Uber app and is waiting for a ride request, Uber provides limited insurance coverage. This includes $50,000 for bodily injury per person, $100,000 for bodily injury per accident, and $25,000 for property damage per accident.
- Active Ride Requests and Trips: The most comprehensive coverage is offered when the driver is traveling to pick up a rider or during the trip. Uber provides up to $1,000,000 in coverage for injuries if the Uber driver is at fault.
Lyft’s Insurance Coverage
- App Off: Similar to Uber, when the Lyft driver’s app is off, their personal auto insurance is in effect. If an accident occurs during this time, the driver’s personal insurance is generally responsible.
- App On, Waiting for Ride Request: With the Lyft app on but no ride request accepted yet, Lyft’s insurance includes $50,000 for bodily injury per person, $100,000 for bodily injury per accident, and $25,000 in property damage per accident.
- Active Ride Requests and Trips: In this phase, Lyft offers comprehensive coverage. This includes at least $1,000,000 for third-party auto liability covering bodily injury and property damage.
Nebraska’s minimum required car insurance coverage includes $25,000 bodily injury liability coverage per person ($50,000 per accident), $25,000 property damage liability coverage, $25,000 uninsured motorist bodily injury coverage ($50,000 per accident), and $25,000 underinsured motorist bodily injury coverage ($50,000 per accident).
Types of Damages in Ridesharing Accident Cases
In cases of ridesharing accidents, victims can recover various types of damages. Economic damages are quantifiable losses such as medical expenses, which cover everything from emergency treatment to ongoing rehabilitation costs. Lost wages are another type of economic damage, compensating victims for income lost while recovering from their injuries.
If the victim suffers long-term or permanent disabilities affecting their ability to work, compensation can also cover future loss of earning capacity. Additionally, victims can be reimbursed for property damage, including repairs or replacement of their vehicle and other personal items damaged in the accident.
Non-economic damages address the more subjective impacts of the accident. These include pain and suffering, which compensate for physical pain and emotional distress experienced due to the accident. This category also encompasses loss of enjoyment of life, acknowledging the decrease in the victim’s quality of life if they can no longer engage in activities they once enjoyed. In cases of severe and permanent injuries, victims may also receive compensation for disfigurement and emotional trauma.
Under Nebraska Revised Statute 25-21,185.09, if the victim is found partially at fault, their compensation is adjusted. For instance, if the victim is 22% responsible for the accident, they will receive only 78% of the total damages awarded. However, if the victim’s fault level equals or exceeds that of the other party involved, they are not eligible to receive any compensation.
What Victims Should Do After the Ridesharing Accident
If anyone is injured, call for medical assistance right away. Even if injuries seem minor, it’s important to get checked, as some injuries might not be immediately apparent. The next step is to contact the police to report the accident. A police report provides an official record of the incident, which can be important for any legal or insurance proceedings. If it’s safe to do so, gathering evidence at the scene can be beneficial. This includes taking photos of the accident site, the vehicles involved, and any injuries, as well as collecting the contact and insurance information of all parties involved. Witnesses can provide valuable accounts of what happened, so getting their contact information is also essential.
After addressing immediate safety and health concerns, and gathering initial evidence, contacting a ridesharing accident lawyer should be a priority. An attorney can offer legal advice and begin the process of pursuing compensation. Victims should avoid discussing fault or details of the accident with others involved or their insurance companies until a lawyer is consulted.
How a Ridesharing Accident Lawyer Can Help Victims
A motor vehicle accident lawyer offers legal advice, helping the ridesharing crash victim understand their rights and the potential options for compensation. The lawyer conducts a thorough investigation to gather evidence, which might include police reports, witness statements, and accident reconstruction, to build a strong case for the victim.
Negotiating with insurance companies is another critical aspect of a ridesharing accident lawyer’s role. Ridesharing cases can be complicated due to the involvement of multiple insurance policies, and a lawyer is skilled in handling these negotiations to secure a fair settlement. If a reasonable agreement cannot be reached, the lawyer is prepared to take the case to trial, advocating on behalf of the victim in court. Throughout this process, the lawyer offers support and guidance, handling the legal issues and allowing the victim to focus on their recovery.
Frequently Asked Questions
What types of compensation are available in ridesharing accidents?
Compensation may include medical expenses, lost income, pain and suffering, and other damages.
How long do I have to file a lawsuit?
The time limit is four years from the date of the accident.
What if the ridesharing driver wasn’t at fault?
Other drivers or entities responsible for road conditions could be liable.
How do insurance claims work in ridesharing accidents?
Claims are usually filed against the at-fault party’s insurance, whether the driver or ridesharing company.
What should I do if the insurance company offers a settlement?
Consult a lawyer before accepting to ensure it’s a fair offer.
How is fault determined in a ridesharing accident?
Through police reports, witness statements, and sometimes accident reconstruction analysis.
Can passengers in the ridesharing vehicle file a claim?
Yes, passengers injured in the accident can file a claim.
What if I’m a pedestrian hit by a ridesharing vehicle?
Pedestrians can file a claim against the driver’s or company’s insurance.
How long does a ridesharing accident lawsuit take?
The duration varies, often taking months to years depending on complexity.
Will my ridesharing accident case go to trial?
Most cases settle out of court, but some may go to trial.
Hire an Accident Lawyer in Omaha, Nebraska | Liberty Law Group
At Liberty Law Group, our personal injury attorneys are experienced in filing and litigating personal injury lawsuits, oftentimes all the way through trial. If you or a loved one has been injured in a rideshare accident and believe a lawsuit might be the solution for getting the compensation you deserve, contact our office at (402) 865-0501 to request a free consultation to discuss your case with a qualified personal injury lawyer.
Our firm proudly represents the communities of Omaha in Douglas County, Lincoln in Lancaster County, Papillion in Sarpy County, plus the surrounding Nebraska counties of Dodge, Washington, Saunders, and Cass. We also represent those in Iowa courts including the communities of Council Bluffs in Pottawattamie plus the surrounding counties of Harrison and Mills.
