Ridesharing services like Uber and Lyft have transformed the way we travel in the past few years. They offer convenience, affordability, and accessibility, making them a popular option for many Nebraska residents. However, with the rise in rideshare usage comes an important question for riders and drivers alike: who is liable if there’s an accident involving a rideshare vehicle?
Navigating the legalities of these situations can be confusing, especially when layered with Nebraska laws and the policies of rideshare companies. This guide explores liability in rideshare accidents and provides clarity for victims and their families.
Understanding Rideshare Accidents and Liability
Rideshare accidents differ from traditional car accidents because of the parties involved. Unlike private drivers, rideshare drivers operate under unique conditions. They’re using a personal vehicle but carrying passengers as part of a commercial transaction through platforms like Uber or Lyft. When an accident occurs, determining liability hinges on several factors, including the driver’s status with the app at the time of the accident, Nebraska laws, and the insurance policies in play.
Key Parties in Rideshare Accident Liability
To better understand liability in rideshare accidents, it helps to break down the possible parties involved:
1. The Rideshare Driver
If a rideshare driver caused the accident, their liability and insurance coverage depend on their activity during the rideshare trip. Rideshare companies like Uber and Lyft provide insurance that kicks in at different stages of the ride:
- Offline Mode: If the driver is not logged into the app, they’re considered off-duty. The driver’s personal auto insurance applies in this case.
- App Active, No Passenger: When the driver is logged into the app but has not yet accepted a ride request, Uber and Lyft typically provide third-party liability coverage for accidents the driver causes. However, this coverage only applies if the driver’s personal insurance does not cover the claim or is insufficient.
- App Active, Passenger Onboard or Ride Accepted: If there is a passenger in the vehicle or the driver is en route to pick one up, Uber and Lyft offer up to $1 million in liability coverage. This coverage is designed to protect passengers, other drivers, and pedestrians.
2. Another Driver
If another driver caused the rideshare accident, they would generally be liable for damages. Their personal auto insurance would be responsible for covering medical expenses, property damage, and other losses incurred by the rideshare driver, passengers, or other parties involved.
3. The Rideshare Company
Uber and Lyft, as companies, are rarely held directly liable for accidents because their drivers are classified as independent contractors rather than employees. This distinction limits their legal responsibility under Nebraska law. However, as mentioned earlier, rideshare companies do provide insurance coverage during specific periods, offering financial protection for those impacted by an accident.
4. Other Third Parties
Liability may sometimes extend to third parties, such as vehicle manufacturers in the case of a defect or local governments if poor road conditions contributed to the accident. These cases can become highly complex, requiring a thorough investigation.
What Nebraska Law Says
Nebraska operates under a modified comparative fault system. This means that liability for an accident is determined based on the percentage of fault assigned to each party. For example, if you, as a victim, were found to be 10% at fault for an accident, you could still recover compensation for your damages, but the amount would be reduced by your percentage of fault. However, anyone found to be 50% or more at fault cannot recover damages.
The state also requires rideshare drivers to maintain insurance coverage that meets specific minimum requirements, ensuring that victims have financial protection even if the rideshare company’s policy does not apply.
How an Omaha Rideshare Accident Attorney Can Help
Rideshare accidents involve multiple insurance policies and legal considerations, making the claims process more complex than typical car accidents. A Nebraska personal injury attorney from Carlson & Blakeman, LLP can:
- Investigate the accident thoroughly to determine liability.
- Communicate and negotiate with insurance companies on your behalf.
- Calculate the true value of your damages, including medical expenses, lost wages, and pain and suffering.
- Guide you through the legal process with personalized attention and compassion.
At Carlson & Blakeman, LLP, we understand that being involved in an accident is overwhelming, especially when corporate policies and complex insurance structures come into play. We have decades of experience and have successfully helped countless clients recover fair settlements. We can help you seek justice.
If you or a loved one has been injured in an Uber or Lyft accident in Nebraska, don’t face the aftermath alone.
Contact us today at (402) 858-0996 for a personalized consultation to discuss your case.