Ridesharing Accident Lawyer Explains What Happens if You Are Hurt in an Uber Accident in Albuquerque, NM
It has been several years since our Governor signed legislation legalizing Uber, Lyft, and other ridesharing companies in New Mexico. This was during the time when ridesharing was becoming more popular. Now, approximately 36% of people surveyed in the United States have used a ridesharing service, and for most people they have used it many times or routinely. While ridesharing has helped many people get around safely, especially while out at bars and restaurants with family or friends, unfortunately a troubling trend reveals that ridesharing may also be responsible for an increase in traffic deaths. This means that individuals hurt in an Uber accident in Albuquerque, NM should call our experienced lawyers for help.
This is because a ridesharing accident is not like a normal type of accident. There are very complex levels of liability woven into every ridesharing app’s terms of usage. Uber and Lyft also employ some of the largest law firms and insurance companies to ensure that they are well-protected when it comes to liability. Victims hurt in an Uber accident in Albuquerque, NM should call our experienced ridesharing accident lawyers at the Caruso Law Offices, P.C. to learn how they could recover compensation in an Uber or Lyft accident.
Common Issues With Liability in an Uber Accident in Albuquerque
The largest issue in an Uber accident is liability on the actual ridesharing company. As a victim hurt in an Uber accident in Albuquerque, you want to establish liability against all possible parties who could be at fault for your injuries. You also want to ensure that you can recover compensation. The ridesharing company is the party who has the most compensation and the “biggest pocket” in a lawsuit. This means that you will want to go after them to ensure you get compensation for your accident.
However, a ridesharing company like Uber will not admit liability so easily. Rather, Uber, Lyft, and other ridesharing companies will often use the following defenses:
- The driver was an independent contractor and not an employee
- The ride had not started or the ride was over
- The actions of the driver were a superseding or intervening factor
- A third-party was liability for the accident, not the ridesharing company or its driver
- The app was not engaged at the time of the accident, and
- Many other common defenses.
Proving a Ridesharing Accident in Albuquerque
Unlike other motor vehicle accident cases, a ridesharing accident is more difficult because it requires a greater amount of skill from your lawyer to demonstrate that the ridesharing driver was acting with the scope of employment or within an agency relationship to the ridesharing company. This will be difficult because the ridesharing company will argue that they are not liable and the ridesharing company will often require the driver to sign contracts and paperwork, including getting other insurance policies, out in the driver’s own name to cover ridesharing.
This means that your lawyer will have to establish that the driver was acting within the scope of Uber and the ridesharing company, and working to their benefit. After all, under New Mexico law, an employer or master/partner in an agency relationship both gets the benefit of the business profit but also should have the burden of liability.
Ask Our Lawyers if You Need Help After Being Hurt in an Uber Accident in Albuquerque
Serious personal injuries could occur in an Uber accident, Lyft accident, or other type of ridesharing accident. Learn how our experienced car accident lawyers at the Caruso Law Offices, P.C. could help you recover compensation for a serious injury, catastrophic injury, or if a loved one was wrongfully killed or hurt in an Uber accident in Albuquerque during a FREE consultation by dialing (505) 883-5000 for your consultation.
We handle causes throughout New Mexico, including Las Cruces, Santa Fe, Roswell, Cuervo, Rio Rancho, Clovis, Farmington, Hobbs, Albuquerque where our office is located, and anywhere else throughout New Mexico. Please call to schedule for FREE appointment by dialing (505) 883-5000 or contact us through our website’s easy to use and convenient contact box available here.