Accidents with rideshare vehicles are not exactly the same as accidents with non-corporate passenger vehicles. Though rideshare drivers work for corporations such as Lyft, they are classified as independent contractors. If you are involved in an accident with such a vehicle, you might consider suing Lyft or another overarching corporation such as Uber.
An accident with a Lyft vehicle might present solid legal footing for a personal injury lawsuit. Such an accident might spur Lyft to pay for the cost of medical care pertaining to causally related injuries. There is also a chance that the lawsuit will result in additional compensation for additional damages such as lost wages, diminished working capacity, pain, and wrongful death.
What matters most is the issue of negligence. If the Lyft driver was negligent, meaning he or she failed to provide sufficient care, a lawsuit might be successful. However, it might also be possible to resolve the accident through Lyft’s insurance provider with assistance from the right legal representative.
Your attorney will also help you identify other potentially liable parties, be it the local government for poor signage or poorly maintained roads, other drivers, vehicle manufacturer, etc.
Lyft Owes Fellow Drivers and Riders a Duty of Care
Lyft is responsible for screening its drivers to ensure they are capable of driving safely. The rideshare company owes you a safe ride to your destination and has a duty of care to other vehicles on the road. If the duty of care is violated, Lyft is negligent and likely to lose a personal injury lawsuit. There is also the potential that your attorney will find evidence that Lyft negligently hired the at-fault driver after failing to perform its due diligence.
In general, vicarious liability is inapplicable to rideshare companies and their drivers. This means rideshare companies are not commonly found to be at fault for an accident caused by one of its drivers. However, there are some exceptions based on state law and the nuances of accident circumstances. Lyft might have to provide liability coverage for active drivers, though that requirement also differs by circumstance.
How Lyft Accidents Occur
There is a common misconception that fatigue or general incompetence are the primary causes of Lyft accidents. Though Lyft drivers are experienced behind the wheel, they are also prone to mistakes and maliciousness. Some Lyft drivers drive while under the influence of medication, which makes them drowsy. Other rideshare drivers operate motor vehicles while high on drugs or drunk on alcohol.
Lyft drivers may drive recklessly, run red lights, and speed. Moreover, automobiles have more distractions now than ever before. Driving while using a phone, navigation device, radio, or other electronic item can lead to a distraction and crash.
If a driver is found to have engaged in such negligent behavior, there is the possibility to sue Lyft or the driver. However, both parties have insurance policies with payout limits, meaning the entire value sought to cover alleged damages might not be accessible.
Lyft has Insurance to Cover Its Legal Liability
Lyft has taken out a million-dollar liability insurance policy that applies to passengers who suffer injury in accidents caused by its fleet of drivers. However, the insurance policy is only applicable to specific accidents. Rideshare drivers also have insurance coverage yet its limit pales in comparison to the million dollars of coverage provided by Lyft.
The purpose of Lyft’s million-dollar insurance policy is to provide financial compensation to passengers and others involved in accidents with Lyft vehicles after a serious crash. If you are a passenger in a Lyft vehicle and an accident occurs, the policy is active from the moment you are matched with the driver until the ride’s end.
A Collision Between a Lyft Vehicle and Your Vehicle
If a Lyft vehicle collides with your vehicle, the million-dollar insurance policy is not immediately applicable. In such an instance, the driver’s personal insurance is applicable. The majority of states mandate that Lyft drivers have a minimum liability coverage between $15,000 and $30,000.
The driver’s personal auto insurance policy is the initial source of compensation in the event that your vehicle is struck by a Lyft vehicle. The logic in such applicability is that the Lyft driver is an independent contractor. Your personal injury attorney will file a claim against the policy for medical expenses, including additional damages.
Problems can arise in major collisions with significant vehicle damage and injuries as the Lyft driver’s policy limits might not be enough. If you have significant injuries that amount to more than the Lyft driver’s bodily injury liability limit (typically around $25,000), insurance might not be sufficient.
In such an instance, Lyft’s million-dollar policy might be applicable to provide additional compensation. Your personal injury attorney will coordinate claims with as many insurance providers as necessary to maximize the value of your financial recovery after the accident.
A Personal Injury Lawsuit
If the insurance claim does not spur a settlement offer that completely compensates you for your bodily harm and other losses, filing a lawsuit is an option. Let your personal injury attorney spearhead the lawsuit on your behalf so you can tend to your injuries instead of sweating the small stuff of the legal process.
Lawsuits are different than insurance claims as they are formal legal claims filed by attorneys in civil court. The objective of the lawsuit is to maximize the damages suffered. Your attorney will help you determine if it is better to sue Lyft as a business or the Lyft driver.
Such a lawsuit might yield financial compensation to cover the following:
- Disability
- Disfigurement
- Loss of enjoyment of life
- Past/future medical expenses
- Pain
- Suffering
- Lost income
- Loss of consortium
However, it must be noted that most such lawsuits end with settlements as opposed to court awards.
Negotiating a Settlement
Your attorney will engage in settlement negotiations on your behalf. Most initial offers are rejected as they tend to be lower than the true value of the claim. The cost of future medical care, lost wages, and loss of earning ability might make your case worth six figures or more.
Trust your attorney to sort through the complexities of your Lyft or other rideshare service case, negotiate in good faith, and emerge with the compensation you deserve.
Above all, be aware that Lyft’s insurance provider and attorneys are skilled negotiators who outsmart pro se victims. An attempt to represent yourself will backfire.
Frequently Asked Questions
What is the Lyft independent contractor defense?
Lyft and other rideshare companies employ drivers as independent contractors. The logic in such an employment arrangement is to minimize legal liability and benefits such as healthcare. Lyft might argue that it is not responsible for a single penny of damages resulting from the crash as the driver is an independent contractor.
Can poor hiring practices constitute negligence?
Yes. If your attorney proves Lyft failed to provide due care to its riders when vetting potential drivers, that negligence might pave the way toward a successful claim. It is up to your attorney to prove Lyft failed to fulfill its duty of care when hiring the driver.
Yes. Pro-se victims who attempt to represent themselves almost always fail. In some situations, correspondence from your attorney that includes his signature followed by Esq. is enough to convince Lyft or another rideshare company to settle out of court for the full value of the case.
Is Lyft legally liable for accidents?
In some cases, yes. However, Lyft’s million-dollar liability policy does not kick in until the driver’s auto insurance policy limits are exhausted. The exception is if the victim is a passenger in the Lyft vehicle. In such an instance, the company’s million-dollar liability policy is more likely to be applicable.
Contact Gomez Trial Attorneys
For help, contact Gomez Trial Lawyers today for a free consultation by calling 866-TRIAL LAW (866-874-2552) or by contacting us online.