From the volcanic field to the nature preserves and hiking trails, Los Lunas is a top tourist destination sitting at the intersection of I-25 and Route 6. Visitors traveling from Sunport or locals enjoying the nightlife often benefit from the more affordable rideshare services offered by platforms such as Uber and Lyft. However, navigating the complex intersection of major roadways flowing through Los Lunas often leads to dangerous multi-vehicle rideshare accidents.
Unlike traditional motor vehicle crashes, recovering insurance compensation after Uber or Lyft accidents requires legal professionals with experience handling cases under New Mexico’s Transportation Network Company Services Act (TNCSA). This legislation allows the experienced Los Lunas rideshare accident attorneys at the Gauthier & Maier Law Firm, P.C., to hold negligent drivers and, if necessary, rideshare companies liable for your injuries. Our legal professionals can even demand high-value compensation from Uber or Lyft’s mandatory primary liability insurance policies. Contact our Los Lunas personal injury team to schedule a free case analysis today by calling (505) 226-0009 or connecting with us online.
Table of Contents
- Overview of Los Lunas Rideshare Service Requirements
- Common Los Lunas Lyft and Uber Accidents
- Filing the Right Liability Insurance Claim After Rideshare Accidents in Los Lunas
- Financial Damages Available after Los Lunas Rideshare Accidents
- Value of Retaining an Experienced Uber Injury Lawyer in Los Lunas
- Connect with the Dedicated Los Lunas Rideshare Accident Attorneys at the Gauthier & Maier Law Firm, P.C.
Overview of Los Lunas Rideshare Service Requirements
Rideshare companies such as Uber and Lyft, also referred to as Transportation Network Companies (TNCs), are not actually considered transportation companies. Instead, they’re technology companies that provide a digital service platform – the Lyft or Uber app – connecting registered drivers with passengers. Not everyone is permitted to offer rideshare services in Los Lunas. The TNCSA requires all registered rideshare companies to ensure drivers using the platform meet certain safety standards.
Even though drivers are independent contractors and not Uber or Lyft employees, experienced rideshare accident attorneys can hold TNCs liable for negligence if they violated the following driver safety regulations.
Applications and Identity Verification
Drivers may not simply log into the Uber app and begin offering services. The law requires them to submit an applicable to the TNC that includes the following information:
- Age
- Address
- Driver’s license number
- Driving history
- Vehicle registration
- Auto insurance information
- Any other information required by the TNC
Drivers must be at least 19 years old to offer rideshare services in New Mexico and possess a valid license, registered vehicle, and mandatory minimum car insurance. If the driver meets these basic requirements, the rideshare company must then perform a detailed background check.
Rideshare Driver Background and Traffic Checks
The TNCSA sets forth certain rideshare driver requirements. Before allowing a driver to offer services on a rideshare platform, the TNC must run multi-state criminal background checks and pull the applicant’s driving records. New Mexico prohibits drivers from offering rideshare services if they’ve been convicted of certain criminal, traffic, or sexual offenses.
Prospective drivers are not permitted to use the digital platform if they’ve been convicted of certain traffic violations, such as speeding or reckless driving, over the past three years. They may also not use the platform if, in the past seven years, they’ve been convicted of a DUI, fraud, theft, assault, or sex crimes. Uber and Lyft must also run the driver’s information through the national sex offender registry database. Our personal injury attorneys can hold Lyft or Uber directly liable for damages caused by drivers who did not meet minimum safety requirements.
Vehicle and Passenger Safety Standards
The TNCSA also requires rideshare companies to verify that the driver’s vehicle, which is privately owned, meets New Mexico vehicle safety standards. It means ensuring the vehicle is in good working order, meets emissions safety requirements, and has appropriate safety equipment such as seat belts and airbags. Uber and Lyft must also display the driver’s photograph and license plate number to protect passengers from fraud. If you suffered an injury in a Los Lunas rideshare accident due to a mechanical failure, such as faulty brakes, we can obtain damages directly from the rideshare company for safety violations.
Common Los Lunas Lyft and Uber Accidents
Rideshare drivers are not professionals. Most do not have commercial truck, taxi, or limo licenses. For this reason, rideshare drivers can offer cheaper services than professional transportation companies – but it comes with risks. Rideshare drivers make money by using both their vehicles and cell phones. While driving, they are almost always logged into the rideshare app. It provides GPS services, tracks the ride, and calculates the fee. Drivers must also open and close transactions through the app and accept tips digitally. Because driver distraction, mainly due to cell phone use, is a leading cause of traffic accidents in New Mexico, our legal professionals commonly see the following types of rideshare accidents in Los Lunas:
- Rear-End: If drivers need to check the app, even for a second, this takes their eyes off the road. Many rear-end collisions occur when rideshare drivers check on passengers or look at their cell phones, especially if they’re driving for more than one rideshare company simultaneously.
- Sideswipe/Merging: Multiple high-speed roadways run through Los Lunas, requiring drivers to merge onto and off numerous highways such as I-25, Route 6, Route 314, and Route 47. These traffic conditions contribute to dangerous merging and sideswipe accidents.
- Unsafe Lane Changes: Rideshare drivers travel to new destinations each night and are often unfamiliar with the exits they must take. This can result in drivers making unsafe lane changes on major roadways, causing potentially fatal pile-up accidents.
- Fatigued Driving: Uber and Lyft are known for providing affordable services to users who want to enjoy a drink responsibly. As such, rideshare drivers often make additional money at night after finishing their day jobs. They are more subject to drowsy driving, which can cause them to drift or fall asleep at the wheel.
From a medical or law enforcement standpoint, car accidents involving rideshare vehicles are no different than traditional traffic crashes. However, they are legally different. Recovering financial compensation for motor vehicle collisions involving rideshares requires an attorney with experience handling claims against Uber and Lyft.
Filing the Right Liability Insurance Claim After Rideshare Accidents in Los Lunas
Obtaining damages after a rideshare crash requires your attorney to establish the driver’s legal ‘status’ when the accident occurred. The driver’s status determines which insurance policy was active at the time and often varies throughout the night. The TNSCA recognizes the following three rideshare service categories for insurance purposes.
Personal Use
Just because you’re struck by someone driving for Uber or Lyft does not mean you have a commercial insurance claim. Because rideshare drivers provide services using their personal driver’s licenses and vehicles, they also use these vehicles for personal use. If you suffered an injury by a negligent rideshare driver who is not providing services, you must file a claim with their personal auto insurer. Our experienced Los Lunas car accident attorneys can still help recover personal injury damages in such cases.
Active and Waiting
Auto insurance companies do not provide coverage for accidents occurring when drivers are providing rideshare services. It creates a legal gray area when drivers are logged into and active on the rideshare app but are not actively transporting passengers. Many car accidents occur when rideshare drivers are circling Sunport or local restaurants waiting for someone to request a ride. In such cases, the TNCSA requires the TNC to cover drivers with commercial contingent liability insurance. This policy matches the minimum car insurance requirements in New Mexico – typically $25,000 per person and $50,000 per accident.
Providing Rideshare Services
When drivers accept a rideshare request through the TNC platform, Uber and Lyft’s $1,000,000 auto liability policy is triggered. This policy remains in effect until the rideshare is complete, which includes the ride being canceled. Until the rideshare passengers exit the vehicle, this high-value commercial insurance policy covers accidents occurring during this timeframe.
Additionally, our experienced rideshare accident lawyers can help Los Lunas rideshare drivers and passengers claim uninsured or underinsured motorist (UM/UIM) coverage under this commercial rideshare policy. Due to high policy limits, victims injured by negligent drivers or during rideshares can obtain compensation for substantial personal injury damages.
Financial Damages Available after Los Lunas Rideshare Accidents
If you suffered an injury in a rideshare accident, our legal investigators will immediately request mandatory driver data from Uber or Lyft. It allows Gauthier & Maier Law Firm to determine the driver’s legal status under the TNCSA and make the appropriate liability claim. If the rideshare driver’s negligence – speeding, distracted driving, or unsafe lane changes – caused your injuries, we can demand the following compensation.
Medical Expenses
These compensatory damages can include compensation for past medical bills, such as emergency room and ambulance fees, and future expenses. Medical damages are often payable for the following:
- Doctors’ costs
- Chiropractors
- Surgical facility fees
- Home nursing services
- Medications
- Medical equipment
- Physical therapy
- Occupational rehabilitation
- Psychological care
- Medical transportation
- Cosmetic procedures
In catastrophic injury cases, the experienced rideshare accident lawyers at Gauthier & Maier will retain medical experts to estimate your future medical needs. It allows us to demand insurance settlements now without leaving necessary compensation on the table.
Lost Income
Our Los Lunas personal injury lawyers can also demand full damages for past and future lost income. This includes more than lost income. It can include the value of lost benefits—such as pension contributions, paid vacation, and healthcare—and compensation for lost earning capacity, business opportunities, and promotions.
Pain and Suffering
The following serious rideshare accident injuries often result in substantial pain and suffering (non-economic) damages:
- Traumatic brain injuries (TBI)
- Fractures
- Paralysis
- Spinal cord injuries
- Burns
- Amputations
- Joint dislocations
Pain and suffering damages compensate claimants for the frustration, physical discomfort, pain, emotional suffering, and lost enjoyment of life associated with rideshare accidents. If you were an avid hiker before the rideshare accident and can no longer perform daily activities, our lawyers can legally demand compensation for this incalculable loss. Non-economic damages are usually calculated based on your overall economic damages.
Loss of Consortium and Wrongful Death
In fatal rideshare accident cases, our compassionate wrongful death attorneys may demand compensation on behalf of eligible family members. It can include obtaining damages for lost financial support, spousal companionship (loss of consortium), and funeral expenses.
Value of Retaining an Experienced Uber Injury Lawyer in Los Lunas
Obtaining needed financial damages from high-value rideshare insurance policies requires dedicated legal advocacy. Adjusters can deny liability for the crash and lowball injured claimants and their families. Further, claims directly filed against Uber and Lyft are often resisted by powerful corporate defense lawyers.
Our rideshare injury team can even level the playing field by thoroughly investigating your rideshare accident claims. It may include checking the driver’s safety record, obtaining TNC platform data, and demanding damages from the liable insurance company. Most viable rideshare accident claims settle with the responsible auto insurer, but don’t be surprised if the TNC insurer initially disclaims liability. Because multiple insurance companies ‘switch’ on and off throughout an Uber driver’s day, it’s common for adjusters to push liability onto another company.
Clients who retain legal counsel often receive more valuable and quicker insurance settlements. Our personal injury attorneys can even take your claims to court without charging you any upfront legal fees or costs. At Gauthier & Maier Law Firm, if we take your case against Lyft or Uber, we c do so on a contingency fee basis. It means we don’t get paid unless we recover compensation for you. Our firm can even front all necessary investigation expenses, including the fees for requesting driver records and app data from TNC platforms. It allows our clients to focus on recovering from serious rideshare accident injuries while we fight to obtain valuable financial compensation from commercial insurers.
Connect with the Dedicated Los Lunas Rideshare Accident Attorneys at the Gauthier & Maier Law Firm, P.C.
The Uber and Lyft personal injury lawyers at Gauthier & Maier have experience handling complex liability claims against rideshare companies. We can fight to maximize the financial compensation available in your case if you suffered an injury while driving for a rideshare, during rideshare, or by a negligent rideshare driver.
There’s no risk associated with confidentially contacting our Los Lunas rideshare accident team to schedule a free and confidential case consultation. Call us today at (505) 226-0009 or connect with us online.