Rideshare companies such as Uber and Lyft changed more than the transportation industry. They changed the personal injury law in New Mexico.
The unique legal structure used by rideshare companies, legally referred to as transportation network companies (TNCs), required the state to adopt specific legislation applicable to motor vehicle accidents involving rideshare drivers.
If an Uber or Lyft accident injures you on the Big I, you need a personal injury law firm that understands the complex liability laws applicable to rideshare companies. You need the Gauthier & Maier Law Firm, P.C.
Schedule a free, no-risk Uber accident consultation with our Albuquerque office today by calling (505) 226-0009 or connecting with our attorneys online.
Table of Contents
- The Value of Retaining Our Experienced Rideshare Accident Lawyers
- Common Uber and Lyft Accidents in Albuquerque
- Liability Issues Arising in Uber and Lyft Accident Cases
- Understanding the New Mexico Transportation Network Company Services Act
- Obtaining Damages After Albuquerque Rideshare Accidents
- Connect with a Rideshare Accident Attorney in Albuquerque Today
The Value of Retaining Our Experienced Rideshare Accident Lawyers
Our dedicated Albuquerque rideshare liability attorneys at Gauthier & Maier Law Firm, P.C. have experience handling accident claims involving dangerous conditions on the Big I.
We also understand the complex transportation network laws applicable to rideshare accidents in New Mexico. Uber and Lyft must keep detailed records of their driver’s activities, including app data, background checks, and driving records.
Our personal injury attorneys can immediately request this information to determine which insurance policy was active when the accident occurred and whether the rideshare company properly investigated the driver.
High-value rideshare insurers will lowball injured claimants who don’t retain counsel. Our rideshare accident team can considerably increase your initial settlement offer and prepare strong settlement demands in your case.
We can even do so without any upfront legal fees or costs, as we accept many car accident cases on a contingency fee basis. This means we can provide you with dedicated legal advocacy regardless of your ability to pay, taking on Uber and Lyft’s powerful legal defense teams to even the playing field.
Common Uber and Lyft Accidents in Albuquerque
I-40 and I-25 cross in Albuquerque at the busiest intersection in New Mexico – the Big I. Rideshare drivers frequently must navigate this dangerous multi-lane roadway when transporting passengers to most state destinations, including national parks and the Sunport.
Unlike professional taxi and limo drivers, drivers working for Uber and Lyft are no different than you. They do not have commercial driver’s licenses or specialized training. They’re simply citizens looking to make extra money using their vehicles.
Rideshare drivers must generally use the GPS on their transportation network app while navigating the Big I.
Coupling the most common cause of car accidents – driver distraction due to cell phone use – with the dangers posed by this complicated intersection often causes the following serious Uber and Lyft crashes:
- Blindside Merging/Sideswipe: The Big I is a multi-lane highway with both left and right exits; as such, blindside and merging accidents commonly occur when drivers attempt to enter and exit different highways. These accidents may injure innocent rideshare passengers.
- Rear-End: Using a GPS, as most rideshare drivers do, forces drivers to take their eyes off the road. When you do this on high-speed roadways for even a split second, it often results in serious rear-end crashes causing spinal cord injuries.
- Improper Turns: Drivers unfamiliar with major intersections often get confused when exiting and entering highways, especially those with left exits like the Big I. They may turn onto the wrong entrance or exit ramp, resulting in dangerous head-on collisions.
- Unsafe Lane Changes: This common accident at major intersections often occurs when rideshare drivers are struggling to merge before an exit. When dealing with multiple left and right exits at the intersection of major highways, Uber drivers may struggle to read the GPS and often make unexpected and unsafe lane changes to avoid missing their exit.
- Speeding: The faster an Uber driver can get you to your destination, especially the Sunport, the more rides he can accept during periods of high demand. Speeding increases the likelihood that innocent drivers and passengers will sustain serious rideshare accident injuries.
- Fatigued Driving: Rideshare drivers make more money during the night hours, especially in periods of high demand when restaurants and bars close. As such, they’re often more prone to dangerous, fatigued driving accidents, causing them to drift between lanes. This may result in fatal chain-reaction crashes.
- Chain-Reaction: Because the busiest intersection in the state runs through Albuquerque, rideshare accidents on the Big I often trigger dangerous multi-vehicle accidents. Vehicles moving at high speed cannot always stop in time to avoid a sudden collision and may block multiple lanes of traffic. Numerous drivers can cause injuries in pile-up accidents.
Although Uber and Lyft crashes do not physically differ from traditional car accidents, rideshare drivers can cause major collisions due to cell phone use, unfamiliarity with the roadways, and fatigued nighttime driving.
If you suffered an injury in a rideshare accident, discuss your claims with the experienced Albuquerque legal professionals at Gauthier & Maier.
Liability Issues Arising in Uber and Lyft Accident Cases
Until New Mexico passed the Transportation Network Company Services Act (TNCSA), liability for rideshare accidents fell into a legally gray area. Traditional car accidents generally involve private or professional drivers.
If you suffered an injury by a private driver using his vehicle for personal use, you can claim damages from that driver’s auto insurance liability policy.
However, non-commercial auto insurance policies do not cover accidents caused when personal vehicles are used as taxis. This includes providing for-profit rideshare services but will exclude taking your friend to the airport.
Drivers must carry special commercial insurance if they provide taxi-like services, which most Uber drivers cannot afford.
If you suffered an injury by a professional driver, such as a truck or taxi driver, you can hold the driver’s employer liable for your injuries under a doctrine called vicarious liability. Commercial insurance policies generally cover these vehicles.
However, rideshare drivers are not legal employees of Lyft or Uber. They are independent contractors (1099s), so vicarious liability does not apply.
Before the TNCSA, the only legal recourse for those injured in rideshare accidents would have been to sue the negligent driver directly. These drivers seldom have the resources necessary to compensate you for serious injuries, so New Mexico adopted new legislation addressing rideshare accident liability.
Understanding the New Mexico Transportation Network Company Services Act
The Transportation Network Company Services Act bridges the legal gap in rideshare accident cases.
Through the TNCSA, our experienced Albuquerque rideshare accident attorneys can demand compensation from high-value rideshare liability policies. If you suffered an injury in an Uber or Lyft accident, you can obtain damages in two ways.
Direct Liability for TNCSA Violations
Rideshare companies are not transportation companies. They are technology companies that provide a service, i.e., the Uber or Lyft app, connecting drivers with passengers.
To hold a rideshare company directly liable for your injuries, you must show that the company violated the TNCSA or negligently allowed a dangerous driver to provide services.
This means showing that it did not follow mandatory TNCSA safety requirements, which include:
- Displaying the driver’s photograph and license plate number
- Maintaining primary liability insurance
- Vetting the driver during the application process, including verifying his license, identity, and vehicle registration
- Performing a multi-state criminal background check
- Obtaining a full driving history report
- Checking the national sex offender registry
- Ensuring vehicle’s safety under New Mexico vehicle equipment standards
Rideshare companies may not allow drivers to provide rideshare services if their records include certain recent moving violations, such as reckless or drunk driving or criminal charges.
Our dedicated legal advocates can obtain these records to determine whether the driver was unlawfully permitted to use the rideshare platform. This can allow Gauthier & Maier Law Firm to hold Lyft or Uber directly liable for your injuries.
Claiming Benefits from TNC Liability Insurers
The TNCSA requires rideshare companies to provide special commercial insurance coverage to drivers and passengers if an accident results in personal injuries or fatalities.
However, this coverage is not always active. Just because an Uber or Lyft driver struck you does not mean you can demand damages from a high-value TNC insurance policy.
Rideshare drivers still use their personal vehicles for personal purposes. Additionally, Uber drivers often drive around while logged into the platform, waiting for ride requests. They are working at the time but not actively providing services. The TNCSA addresses each of these situations as follows.
Personal Use
If a rideshare driver is not active on the rideshare app when the accident occurs, the law treats this as a traditional at-fault car accident. The rideshare accident lawyers at Gauthier & Maier can still help you claim damages from the driver’s private liability insurer or negligent third parties in such cases.
Logged In (No Passenger)
If you’re struck by a negligent rideshare driver who is active on the rideshare app but has not received a ride request, our rideshare accident attorneys may help demand damages from the applicable contingent liability insurance policy.
In New Mexico, minimum contingent liability insurance policy requirements for TNC drivers are $25,000 per person and $50,000 per accident. These accidents often occur when rideshare drivers are circling the Sunport or making loops on the Big I while checking for ride requests.
Activity Providing Rideshare Services
Albuquerque passengers injured by Uber or Lyft drivers who are actively providing services can demand damages from the rideshare company’s primary liability insurance policy.
This policy provides coverage after the rideshare driver accepts a ride (but before picking up the passenger) and when she actively provides that ride. It ends when the passengers are officially dropped off, and the rideshare driver ends the transaction.
Uber and Lyft must provide primary liability insurance up to $1,000,000 for rideshare accident victims, including those suffering from:
- Traumatic brain injuries (TBI)
- Paralysis
- Burns
- Fractures
- Amputations
- Joint dislocations
- Herniated discs (back pain)
- Nerve pain
- Death
However, liability is not automatic simply because a rideshare driver injured you while providing services. You can only claim liability damages if the rideshare driver’s negligent conduct, such as speeding or unsafe lane changes on the Big I, caused or contributed to the car accident.
Our dedicated rideshare accident attorneys can help demand high-value damages from TNC liability insurers by proving that the rideshare driver violated New Mexico traffic laws.
We can also help rideshare passengers claim damages from the mandatory TNC $1,000,000 underinsured/uninsured motorist policy if another negligent driver seriously injured them during a rideshare or in a hit-and-run accident.
Obtaining Damages After Albuquerque Rideshare Accidents
Our legal professionals can help injured passengers claim all reasonable and necessary personal injury damages from liable insurers after Uber or Lyft accidents.
These damages may include:
- Medical Expenses: Claimants can demand compensation for past and future hospital visits, surgeries, doctors’ bills, rehabilitation costs, home nursing fees, medications, medical equipment, and medical transportation.
- Lost Income and Benefits: If your rideshare accident injuries prevent you from working, you can demand compensation for your lost income. This compensation can include income, overtime, commissions, and bonuses. An experienced rideshare accident lawyer will also demand the value of lost workplace benefits, such as health insurance and retirement contributions, lost promotions, and lost earning capacity.
- Pain and Suffering: These non-economic damages compensate claimants for the frustration, mental suffering, physical pain, emotional trauma, and lost enjoyment of life often associated with catastrophic injuries.
- Wrongful Death: If you lost a loved one in an Uber or Lyft accident, our compassionate wrongful death lawyers can help obtain compensation for lost financial support, companionship, and post-accident expenses such as medical bills and funeral costs.
Most viable personal injury claims settle with liable insurance companies, including mandatory TNC insurance providers. However, retaining legal counsel to negotiate these settlements makes all the difference if you qualify for financial relief.
Connect with a Rideshare Accident Attorney in Albuquerque Today
Determining liability in rideshare accident cases requires an attorney to request and analyze digital records from Uber and Lyft. This allows us to make a strong claim for damages with the right liability insurer or, if necessary, the rideshare company.
If a negligent Uber or Lyft driver injured you on the Big I, reach out to the Gauthier & Maier Law Firm, P.C. Schedule a free, no-risk rideshare accident consultation with our Albuquerque rideshare accident lawyers immediately by calling (505) 226-0009 or connecting with them online.