Rideshare companies have become more popular in recent years due to their convenience and affordability. Unfortunately, not all rideshare passengers make it to their destination safely. Rideshare accidents involving Uber or Lyft drivers are far too common in New Mexico.
If you or your loved one have become seriously injured in a New Mexico rideshare accident, you may be entitled to compensation for your medical expenses, lost income, pain and suffering, and other damages. At Hunt Law, we understand New Mexico rideshare accident laws in-depth. When you work with us, we will gather evidence and pursue the most compensation possible.
Common Causes of Rideshare Accidents in New Mexico
Rideshare companies don’t vet their drivers like owners of traditional taxicab service providers, increasing the risk of negligence-related car accidents. Uber and Lyft drivers must frequently look at the apps on their phones while driving to know where to pick up and drop off customers. They may look at their phones while driving to accept a customer’s request. As a result, distracted driving is one of the leading causes of rideshare accidents. Other causes include, but aren’t limited to, the following:
- Driving under the influence of drugs or alcohol (DUI)
- Aggressive driving, including speeding
- Inexperienced driving
- Dangerous road conditions
- Defective vehicles
- Driving while fatigued
- Failure to obey traffic signals, signs, and other rules of the road
Determining Liability After a Rideshare Accident
To recover compensation after being injured in a rideshare accident, a victim must prove that the at-fault driver’s negligence, recklessness, or intentional actions caused the car accident. Determining liability for a rideshare accident is the same process as in any other motor vehicle collision. Proving liability requires a thorough investigation to gather evidence about the circumstances leading up to the accident.
When an Uber or Lyft driver causes a rideshare accident, Uber or Lyft’s commercial insurance policies may cover victims’ damages, including medical expenses, lost income, loss of future earning capacity, and more. Uber’s and Lyft’s insurance policies provide the most compensation for injuries caused when the driver was actively transporting a rideshare customer.
The Rideshare Driver Wasn’t Using the App
If the rideshare driver wasn’t logged into the Uber or Lyft app on their phone and caused an accident, Uber’s and Lyft’s insurance policy won’t cover damages. The driver’s personal auto insurance carrier will be responsible for covering any other party’s damages. All New Mexico drivers are required to carry minimum amounts of liability insurance.
The Rideshare Driver Is Logged in, Without a Passenger
If a rideshare driver causes an accident when signing into the app, but before he or she has accepted a request and picked up a passenger, his or her personal auto insurance will be primarily responsible for the injured party’s damages. Uber and Lyft provide limited coverage should the driver’s personal auto insurance carrier deny the claims or the policy limit be exhausted.
The Rideshare Driver Is in an Accident with a Passenger in the Vehicle
If a rideshare driver causes an accident when he or she has a passenger in the vehicle or has already accepted a customer request and is en route to pick up a customer, Uber and Lyft both have $1 million in liability insurance coverage to cover every party involved.
Discuss Your Case with an Experienced Personal Injury Attorney
Navigating a rideshare accident claim can be complex. There may be multiple insurance companies involved. Recovering the full compensation available under Uber or Lyft’s insurance company can also be challenging. Uber and Lyft provide $1.25 million in liability insurance per accident. This liability coverage protects passengers and third parties who’ve been injured because of the Uber or Lyft driver’s negligence.
Uninsured/Underinsured Motorist Coverage
When occupants of a rideshare vehicle have been injured in a car accident by a motorist who is uninsured or underinsured, Uber’s and Lyft’s uninsured or underinsured motorist coverage will apply. Suppose an intoxicated driver swerves into an Uber driver’s lane and sideswipes the vehicle, causing the passenger to suffer serious injuries.
Under New Mexico laws, the intoxicated driver would be required to compensate the victim for his or her injuries. If the at-fault driver does not have auto insurance coverage, Uber or Lyft’s coverage will cover the victim’s expenses. Similarly, if the at-fault driver only has the minimum legally required insurance coverage, it may not cover all of the victim’s damages. Suppose a victim suffers $100,000 in damages, but the at-fault driver’s policy limit is only $40,000. Uber or Lyft would cover the remaining $60,000.
Contingent Comprehensive and Collision Insurance
Uber drivers will receive coverage from Uber’s and Lyft’s insurance policies while maintaining personal comprehensive and collision insurance. In the event of an accident, Uber offers physical damage coverage for a vehicle up to the cash value of the damages, or the cost to repair the vehicle (whichever is less), with a $1,000 deductible.
Holding Uber or Lyft Liable for Negligent Hiring
The rideshare company may hire a negligent Uber or Lyft driver who lacks experience driving. In other cases, Uber or Lyft failed to conduct a background check that would have revealed convictions for reckless driving or DUIs. When Uber or Lyft engages in hiring negligence, it may be possible to bring a lawsuit against the companies for the injuries you’ve suffered. Holding Uber and Lyft liable for negligent hiring can be difficult because they classify drivers as independent contractors. Speaking to an attorney can help you understand your legal options.
Damages for an Uber Accident in New Mexico
When you work with the attorneys at Hunt Law, we will do everything possible to see you receive a fair settlement from the at-fault party or parties. After thoroughly investigating your case, we will determine the best legal strategy to obtain the most compensation possible. Our team regularly works with medical and financial experts to carefully value all of your damages, which may include the following:
- Medical expenses
- Lost income
- Lost earning capacity due to disability
- Loss of enjoyment of life
- Property damage
- Mental anguish
- Pain and suffering
Discuss Your Uber or Lyft Accident with a Skilled New Mexico Attorney
The New Mexico car accident attorneys at Hunt Law have the knowledge and experience to pursue the full amount of compensation you need and deserve. Don’t hesitate to contact Hunt Law to schedule a complimentary case evaluation and learn more about how we can use our decades of personal injury experience to help you pursue maximum damages.