Uber & Lyft Accident Lawyers in Albuquerque, New MexicoLast updated on: May 11, 2022
Call (800) 863-5312 To Speak With Our Albuquerque Uber and Lyft Injury Lawyers
Ridesharing services like Uber and Lyft are an incredibly convenient way to get around in Albuquerque where the city is constantly bustling with warm weather and fun areas to visit. Despite the convenience of Uber and Lyft, car accidents occur quite frequently. When an injury takes place, talk with Zinda Law Group’s Albuquerque Uber and Lyft injury lawyers who can guide you through what happens next.
If you or a loved one has been injured in an Uber or Lyft at or near Albuquerque, call Zinda Law Group at (800) 863-5312 for a 100% free case evaluation today with our Albuquerque Uber & Lyft injury lawyers.
A Zinda law group Albuquerque Personal injury attorney can Help You
Uber and Lyft are ridesharing services that link drivers to people looking for a ride to a particular location. Unlike taxi services, drivers for ridesharing companies use their personal vehicles rather than an Uber or Lyft designated car. This is an important distinction to keep in mind when it comes to determining liability.
Allocating liability for an Uber or Lyft injury can be difficult. Uber refers to its drivers as “independent contractors” rather than employees. The difference may seem small but is very significant. That is because most personal insurance policies exclude coverage for injuries that happen at work, forcing the injured person to try and obtain compensation through the responsible party’s work insurance. However, due to labeling drivers as independent contractors, Uber and Lyft can limit insurance coverage.
Further, if a driver is classified as an employee, Uber or Lyft could be held responsible for the driver’s accident through the vicarious liability doctrine. The doctrine provides for instances when an employer is liable for the actions of an employee. Importantly, the doctrine does not apply to independent contractors. Despite the inherent difficulties, it is still possible to hold Uber or Lyft liable for injuries incurred by one of their drivers. That is because Uber and Lyft carry insurance policies to cover the event that an injury occurs while a vehicle was in “driving mode.” This means that the companies are only liable if a passenger is in the vehicle when the incident occurs or if the driver was en route to pick up a passenger.
Your Zinda Law Group Albuquerque car accident Attorney HAS EXPERIENCE WITH UBER AND LYFT INJURY CASES
Your Zinda Law Group Albuquerque personal injury attorney will have the necessary expertise to determine how your injury happened and who is responsible. You could be hurt by a ridesharing service as a pedestrian or as a passenger. Uber and Lyft injuries can occur anytime, anywhere. A non-exhaustive list of circumstances includes:
Although you should expect your driver to stay focused, that is not always the case. Distracted drivers are unable to adequately pay attention to their surroundings while on the road. There are instances of drivers getting into accidents because they were texting while driving, not checking their blind spots, switching lanes without using a turn signal, or operating the vehicle while under the influence of drugs or alcohol.
An accident may not be the fault of your Uber or Lyft driver, but rather a problem with the car itself, such as a blown engine. When that scenario happens, your lawyer can consider pursuing a claim against the car’s manufacturer for building an improperly functioning product. If you have questions about products liability, Zinda Law Group’s accident lawyers can answer your questions.
Uber and Lyft injuries do not just occur from an accident. Injuries can also happen when a driver assaults a passenger. In 2021, Lyft published its first safety report which revealed that between 2017 and 2019 there were more than 4,000 reported sexual assaults perpetuated by the drivers.
What Are Common Uber and Lyft Injuries?
A passenger in an Uber or Lyft can encounter a wide range of injuries that vary in severity. Here are just a few common examples of injuries sustained in Uber or Lyft accidents:
- Brain injuries
- Rib fractures
- Broken bones
- Internal injuries
As you can see, the range of possible injuries are numerous. Zinda Law Group’s car accident attorneys have walked clients through the recovery process and helped them pursue maximum compensation.
Uber and Lyft Injury Statistics
In recent years, studies have shown the extent of injuries suffered by Uber and Lyft passengers. A University of Chicago study from 2019 found that Uber and Lyft contributed to a 3% increase in fatalities. The study concluded that various cities saw a rise in fatal car accidents after Uber and Lyft’s introduction. Additionally, Uber published a report documenting its accident statistics from 2017-2018. During that time frame, there were 97 fatal crashes resulting in a total of 107 deaths. Further, 90% of fatal Uber accidents took place in urban areas, where there is a lot of traffic to watch out for.
6 steps to take After An Uber or Lyft injury
There are several important steps to take following an Albuquerque car accident. Below is a summary of what to do in case you are ever involved in an Uber or Lyft accident:
1. Seek Medical Attention (If Necessary)
The most important thing to do after your Albuquerque car accident is to monitor your health. If your injuries are severe, report to a nearby medical facility as soon as possible. Even if you don’t think you’ve been hurt, schedule a medical evaluation immediately after the accident in case of hidden injuries. Sometimes injuries take days to present themselves, and you will want to document your efforts to get treatment.
2. Call the Albuquerque Police and Obtain a Crash Report
After assessing your health, notify 911 of what took place. When a police officer arrives, they will likely ask you questions about how the incident occurred. Be truthful with the police but do not admit fault.
If your injuries were the result of an accident, the police officer will likely ask you to fill out an accident report. The accident report will include preliminary information, including the parties involved, vehicle(s) involved, insurance information, and a brief summary of what took place. You should fill out the accident report and then request a copy of the report when it is available. Having the report will help your Albuquerque Lyft accident lawyer obtain maximum compensation for your injuries.
3. Report the Accident to the Relevant Ridesharing Service
Depending on which company you rode with, report the incident to Uber or Lyft, respectively. Uber and Lyft allow you to file an accident report on their websites. Both websites are accessible through Uber and Lyft’s apps and provide you with step-by-step instructions on how to report your accident.
4. Contact Your Insurer But Do Not Disclose Your Condition
At this point, you will want to get insurance involved. You should notify your insurer that you intend to file a claim against the party responsible for your accident. However, do not divulge too much information about your condition to them before contacting an attorney. It is very important to speak with an attorney before giving them a statement. That’s because if you contact the insurer soon after the accident occurs, symptoms of an injury may not have manifested until later.
5. Document Evidence of Your Ridesharing Accident
If it is possible and safe to do so, document evidence following the accident. Collect evidence regarding:
- The name and contact information of the Uber/Lyft driver
- The Uber/Lyft driver’s personal insurance information
- The location of the accident
- Your injuries
- The road conditions
If any witnesses are present at the scene, try to get their names and contact information. Witnesses can help an Albuquerque Uber accident lawyer present corroborating evidence of your side of the story during litigation.
Furthermore, you should document any and all medical expenses you incurred while treating your injuries. Include information regarding how the injury from the accident has negatively interfered with your day-to-day life. These records will help your attorney prove the extent of your injuries and determine what your monetary compensation for damages should be. Document any and all hospital visits, physical therapy sessions, days taken off from work, and other related expenses needed to get you back to how you were prior to the pedestrian accident
6. Retain an Albuquerque Injury Lawyer
You should obtain the services of an Albuquerque Uber accident lawyer or Albuquerque Lyft accident lawyer as soon as possible.. Your attorney will also gather information from you that will help clarify who was responsible for your injuries. Additionally, your attorney will be able to guide you through the legal process of getting your case filed on time under New Mexico law.
To properly prepare your case, your attorney must know many facts about your incident, but here are the basics:
- Where the accident occurred
- What the road conditions were like
- Who caused the accident
- How the accident happened
- Whether there were any witnesses
- The severity of your injuries
- Whether you have contacted the insurance companies
If you have already given a statement to either your insurance company or the defendant’s, the attorney will want to know what you disclosed to them. Be honest and don’t exaggerate the facts. The more details you can provide them, the better, and the sooner you hire them, the sooner they can begin to investigate.
After filing a lawsuit against the responsible party or parties, the lawyer may negotiate with the insurance company to obtain a favorable monetary settlement for you. If the negotiations are unsuccessful, your lawyer will bring your case to trial.
How much Money can you recover after an uber or lyft injury?
After an Uber or Lyft accident, you are probably wondering what you can receive in compensation. For a personal injury lawsuit under New Mexico law, you can obtain economic damages, non-economic damages, and possibly punitive damages. Here is an explanation of each category of damages:
Economic damages is compensation for monetary losses such as medical expenses (past and future), loss of earnings, loss of use of property, and loss of future employment. To ensure you receive accurate compensation for your economic damages, keep documents which demonstrate your medical expenses, property damages, and missed work.
Non-economic damages is compensation for non-monetary losses such as pain & suffering, emotional distress, inconvenience, and loss of companionship. Non-economic damages are harder to quantify than economic damages, however, your attorney will help determine the value of your non-monetary losses.
Unlike economic and non-economic damages, which are designed to make the victim “whole again,” punitive damages punish the responsible party. A court may award punitive damages in a situation where the responsible party acted with malice or reckless and wanton conduct. Consult with your Albuquerque injury lawyer to determine whether you should pursue punitive damages.
Description of uber and lyft’s insurance policies
It is important to note that even if Uber or Lyft must compensate you, the companies’ insurance policies may limit what you receive. For an accident covered by Uber’s policies, Uber is liable up to $50,000 per person for bodily injury, up to $100,000 for total bodily injury, and up to $25,000 in property damages when the driver was in driving mode. This means that even if your injuries are more than Uber’s policies, you cannot receive more compensation from Uber.
For an accident covered by Lyft’s policies, Lyft is liable up to $50,000 per person for bodily injury, up to $100,000 for total bodily injury, and up to $25,000 in property damages when the driver was in driving mode. The driver’s Lyft app must be on for Lyft’s insurance coverage to kick in. If not, only the driver’s personal insurance applies. If your injuries cost more than what the policy offers, you cannot receive more money in compensation.
What Are The Statutes Of Limitations?
New Mexico law states that any action arising out of a personal injury has a three-year statute of limitations from the date of the accident. This means that if you wait more than three years from the time of your accident to file a personal injury claim, you will not be able to receive compensation even if your claim is valid. Therefore, time is of the essence when filing a claim.
Zinda law group’s Albuquerque uber and lyft injury lawyers are here to help
Recovering from injuries sustained during an accident can be a difficult process. When navigating police reports, medical expenses, and rehabilitation, it is important to have an Albuquerque car accident attorney who will help you pursue maximum compensation for your injuries. You do not have to go through the legal process alone.
If you or a loved one has experienced an Uber or Lyft injury in or near Albuquerque, call Zinda Law Group at (800) 863-5312 for a 100% free case evaluation with an Albuquerque Uber accident lawyer or an Albuquerque Lyft accident lawyer. You pay nothing unless we win your case. That is our No Win, No Fee Guarantee.
Meetings with attorneys are available by appointment only.