A few years ago, we did not even know what “ridesharing” was, but now it is a popular way for San Diego (and El Cajon, Chula Vista, and La Mesa) area citizens to get around. Uber and Lyft employ everyday citizens to chauffer clients in their own vehicles, all for a fraction of the cost of a cab. These services are cost-effective solutions, but they also raise some legal questions. If you are in an accident involving an Uber or Lyft driver, who is responsible?
Liability and Ridesharing Services
As a “peer-to-peer” service, ridesharing companies can cleverly avoid liability for accidents as the nature of their corporate structure. Uber hires its drivers as independent contractors, so the company is not obliged to provide worker’s compensation benefits, nor is it responsible for its employee’s actions. Uber also requires that contractors carry their own insurance policies, and unlike traditional taxi services (which are maintained by their companies), Uber and Lyft vehicles are not checked for an established safety standard.
Companies like Uber and Lyft are designed to avoid liability in situations where passengers (or even the drivers) are injured. As independent contractors, drivers are ultimately responsible for what happens in their vehicles. For example, a class action suit against the ridesharing giant, Uber, settled in April.
Though the plaintiffs won over $100 million in reimbursement costs, Uber’s workers are still considered independent contractors. Until a court rules them as employees, liability falls squarely on each driver’s shoulders. Liability in ridesharing accidents is an evolving area of law. Some firms are not equipped to handle the challenge, but the law offices of Howard Kitay have the experience necessary to take on these kinds of cases.
A Changing Landscape
The fight for ridesharing companies is far from over. Lawyers still have an opportunity to fight to make Uber and Lyft, as companies, responsible for their employees’ actions. While ridesharing enterprises carry insurance for when a driver is physically carrying a passenger, these are often secondary to the driver’s own policies. The law becomes even less clear when a driver is on call but not physically carrying a passenger. In a case involving a San Francisco six-year old who was struck by a driver on-call, Uber denies any claim to liability. This is not a comfort to the victim’s family, who must now struggle to pay for his or her subsequent expenses.
The law regulating ridesharing liability is constantly evolving. Personal injury claims require an impassioned advocate and expert hand.
I Was Injured in an Accident Involving a Rideshare—Now What?
If you have been injured by an Uber of Lyft driver, you are likely wondering about what happens next. You want recourse for the parties responsible, but you also need compensation for your physical and emotional injuries. Medical bills, rehabilitation, and counseling take their financial toll, all while losing wages from missed work. Though ridesharing giants still try to hide behind their contractors, you can still pursue them for a fair settlement.
The reimbursement you receive from an individual driver will likely not be enough to cover your injuries. Uber and Lyft drivers do not make enough money to pay out a fair settlement, so going after the companies who contract them is the best option.
Since the law is still evolving on the subject, you will need the expertise of an experienced law firm. The offices of Howard Kitay have over two decades of experience in getting fair compensation for their clients in El Cajon, La Mesa and Chula Vista. Our recommendation is that you take advantage of our free case evaluation. We will meet with you to discuss your situation and determine the best course of action. We take our cases on a contingency basis, so you only pay if we win. To schedule your initial consultation, contact us today.
Sources:
http://accident-law.freeadvice.com/accident-law/accidents-in-the-news/who-pays-when-uber-or-lyft-driver-causes-accident.htm
http://www.latimes.com/business/la-fi-tn-uber-qa-20160422-story.html