Ridesharing services like Lyft have become increasingly popular in recent years. However, rideshare drivers are not immune to getting into accidents. If you are a Lyft passenger injured in an accident in Nebraska, several key factors can impact the settlement you receive in an Omaha personal injury lawsuit.
Negligence and Liability
The foremost factors are negligence and liability. To receive compensation, you must prove the Lyft driver was negligent and therefore liable for your injuries. The driver’s negligence may involve speeding, distraction, fatigue, intoxication, or other reckless behaviors.
If negligence cannot be established, Lyft will not be liable. The accident settlement will then depend on the liability of other parties and your own insurance coverage.
Damages and Injuries
The extent of your damages and injuries will greatly influence your potential Lyft settlement. Minor soft tissue injuries like whiplash may result in modest compensation. Severe injuries like broken bones, traumatic brain injuries, spinal cord damage, or fatalities can warrant substantial settlements.
Documenting your medical treatment, costs, lost wages, and other damages bolsters your claim. Pictures, witness statements, police reports, and accident reconstructions also help verify injuries.
Lyft provides contingent liability coverage up to $1 million per accident for drivers. However, the driver’s personal auto policy may also apply depending on the circumstances. The total available coverage has a direct bearing on your potential settlement.
Underinsured or uninsured drivers can drastically reduce available compensation. Having sufficient uninsured/underinsured (UM/UIM) coverage on your own auto policy helps protect you in such scenarios.
If multiple parties were injured in the Lyft accident, available insurance proceeds must be split amongst all claimants. As more injured passengers pursue compensation from the driver’s policy limits, your individual settlement may decrease.
Early claim submission and representation by an experienced attorney helps maximize your recovery before funds are exhausted. Prioritizing any claimants who suffered severe, permanent injuries can also impact settlement divisions.
State Laws and Damages Caps
Laws and damages caps in Nebraska can affect Lyft settlements. Nebraska is a comparative negligence state, meaning your compensation may be reduced if you are partially at fault.
Additionally, Nebraska caps pain and suffering damages at $500,000. Punitive damages are prohibited unless provided by statute. These state laws can limit settlements compared to other regions.
Statute of Limitations
The statute of limitations is the deadline to file a claim in Nebraska. For personal injury, you typically have four years from the accident date to take legal action. Missing this deadline forfeits your right to compensation.
Our attorneys can advise you on the statute of limitations for your particular Lyft accident and ensure your claim is handled promptly.
Seeking Medical Attention
It is critical to seek prompt medical attention after a Lyft accident and closely follow doctor’s treatment plans and recommendations. Any gaps in medical treatment or failing to attend recommended therapy sessions can negatively impact your case and reduce the verifiable damages.
You should get checked by an emergency room doctor or urgent care clinic as soon as possible after the accident, even if you don’t think you were seriously injured. Symptoms of concussions, internal injuries, fractures, and other problems may not be immediately apparent. A prompt medical evaluation documents your injuries from the start.
Don’t Wait to Pursue Your Claim
Time is of the essence following an accident. Witnesses may become unavailable, evidence can be lost, and insurance proceeds may be exhausted over time. Therefore, do not wait to consult an attorney after being injured as a Lyft passenger. An attorney can immediately launch an investigation and advise you on the next steps.
With offices in 32 locations across 19 states, the experienced personal injury attorneys at Monge & Associates have the skills and resources to get you maximum compensation for your Lyft accident injuries in Nebraska. We have offices across the country, including Georgia, Colorado, Illinois, Kansas, Missouri, and Washington.
Our Nebraska office is here to help if you or a loved one has been injured in an accident with a Lyft driver anywhere in the state. With decades of experience handling rideshare injury claims specifically in Nebraska, we know how to navigate the complex claims process and help you recover the full settlement you deserve under state law.
Don’t leave money on the table by trying to handle your case alone. Call Monge & Associates now for a free consultation with our Nebraska attorneys on (888) 477-0597. Our team is standing by to review the details of your rideshare accident, assess potential negligence and liability, protect your rights, and pursue maximum compensation on your behalf. Call now – let our Nebraska attorneys fight for the settlement you deserve!