Using Uber or Lyft to get around may be convenient, but there are also risks.
A report from the San Francisco County Transportation Authority revealed drivers for these rideshare companies likely violate California’s maximum 10-hour drive-time limit for drivers transporting passengers. This puts passengers and others on the road at risk of injury by fatigued drivers, especially in areas where Uber and Lyft trips are highly concentrated including in San Francisco, Los Angeles, and San Diego counties.
Driving fatigued isn’t the only dangerous move rideshare drivers may make. Unfortunately, both passengers in these vehicles and others on the road often pay the price when rideshare drivers cause harm.
If you or a loved one is impacted by an Uber or Lyft accident, you have rights. Miller & Steele Law Firm will help you to pursue a claim for compensation for the losses the driver caused so give our Carlsbad rideshare accident lawyers a call today at (760) 439-2210 to see how we can help you.
Who is Responsible for an Uber or Lyft Accident?
Uber and Lyft cases can be complicated because, as a case called Lathrop v. HealthCare Partners Medical Group (2004) 114 Cal.App.4th 1412 explained, “under the common law doctrine of respondeat superior, a principal or employer is vicariously liable for the acts of an agent or employee committed in the course of employment.”
While this may make you think you can sue the rideshare companies themselves if something goes wrong with an Uber or Lyft driver, that’s not generally the case. That’s because Uber and Lyft drivers are not employees. They are independent contracts, as was recently affirmed when state courts in California upheld Proposition 22 which classified app-based drivers as independent contractors rather than as employees.
Since Uber and Lyft drivers don’t work for the company, those harmed by the rideshare drivers will need to try to recover compensation from the drivers directly rather than being able to go after the makers of the app that connected the victim with the driver in the first place.
The only way Uber or Lyft could be held directly accountable would be to prove the company itself was negligent because of issues such as negligent hiring, training, or supervision, according to our Carlsbad car accident lawyers.
Getting Compensation After an Uber or Lyft Accident
Both Uber and Lyft do provide some supplementary insurance coverage to drivers who act as independent contractors and who pick up passengers or deliver food through their apps. You can see details about Uber’s insurance and Lyft’s insurance on the company websites.
In general, though, this insurance is only active in certain circumstances such as when the driver is on the way to pick up a passenger, a passenger is in the vehicle, or the driver is logged into the app and waiting for a passenger to order a ride. Coverage limits on the insurance offered by the rideshare companies are also much lower when a driver is simply logged in, versus when a passenger is in the car.
When this extra insurance is available, it makes it easier to get full compensation. Outside of these situations, victims are left trying to make a claim through the rideshare driver’s personal auto insurance policy or, if that excludes business use of the vehicle, to try to go after the driver personally to recover compensation.
Navigating the complexities of rideshare accident claims requires the expertise of a Carlsbad personal injury attorney.
A Carlsbad Rideshare Accident Lawyer Can Help You Today
If you or someone you love was hurt by an Uber or Lyft driver, you need a lawyer familiar with these complex cases who can help you. Call or contact Miller & Steele Law Firm today at (760) 439-2210 to speak with a Carlsbad rideshare accident lawyer who will advocate for you as you navigate the legal system to recover the compensation you deserve.