Before rideshare apps, people without cars had to call a taxi or hire a private driver to get to faraway places. Now, all they have do is to sign into a phone app, and with just a few taps, they’re matched with a driver in their area. There are many advantages to rideshare apps for both drivers and passengers. For drivers, it gives them the flexibility to work anytime they want, for as long as they want. And passengers can find safe, reliable transportation at a price that’s typically less than what they would pay for a cab.
But the growing popularity of Lyft and Uber has led to an increase in car accidents, particularly from drivers falling asleep at the wheel. This is not surprising when you think about the late hours people call for a Lyft vehicle, and the fact that drivers are allowed to work for 12 hours at a time. If you were injured in a rideshare accident because your driver fell asleep at the wheel, you’re undoubtedly worried about your injuries, as well as the financial losses resulting from those injuries. Perhaps you have questions on your mind regarding your legal rights, such as:
- I was hurt in a car crash when my Lyft driver fell asleep at the wheel. Can I sue Lyft?
- Where can I find a lawyer who will help me sue Lyft for my injuries?
- What kind of damages can I sue for in a lawsuit against Lyft?
We will be happy to provide you information on these topics, though we can only give general answers that may or may not apply to your own accident. That includes the types of compensation you are eligible for, and the process your claim will go through before you recoup your losses. If you’d like specific information tailored to your own case, contact our office and schedule a free consultation.
Rideshare Driver Fatigue
Lyft was first introduced in 2012, three years after the launch of their biggest competitor, Uber. Initially, both companies offered no insurance coverage to their drivers, arguing that they were independent contractors and responsible for insuring their own vehicles. Unfortunately, personal auto insurance does not cover commercial driving, such as operating a taxi or limousine. Hence, both Lyft and Uber were forced to provide rideshare insurance, which includes up to $1million for any accident when a driver is transporting a customer or is on the way to pick up a customer.
Rideshare insurance coverage is essential, considering the potential for accidents among Lyft drivers. Unlike hourly wage workers, rideshare drivers are paid for each ride. That puts tremendous pressure on them to pick up as many passengers as possible, with little to no breaks in between. Additionally, drivers are not compensated for most expenses related to their job. Recently, Lyft and Uber agreed to pay drivers 35 to 55 cents per trip to cover gas. But these amount are frankly inadequate when gas prices have risen 49% within the past year. As a result, rideshare drivers push themselves to the limit and are prone to falling asleep or passing out from sheer exhaustion.
The majority of these accidents happen at night for two reasons:
- People are naturally more tired and less focused at night, especially if they’ve been working all day, which is common with rideshare drivers.
- Night times are very busy for Lyft drivers, since many passengers need rides to and from nightclubs, bars, and restaurants.
These factors are a recipe for driver fatigue-related accidents, resulting in serious injuries for passengers, other motorists, and innocent bystanders. As a rideshare accident victim, legal options are available to you, but you must act quickly to ensure your right to compensation. Give us a call right away and speak to one of our attorneys.
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Rideshare Accident Injuries
When a Lyft driver falls asleep at the wheel, there are many accidents that can happen as a result. Car crashes, vehicle rollovers, and crashing into a building are just some of the tragic consequences, all of which can cause serious, long-term injuries. Aside from physical harm, victims often suffer emotional injuries, since car accidents can be incredibly traumatic. This is why it’s dangerous for anyone to drive while they’re tired, but even more so for rideshare drivers, who are responsible for the lives of their passengers and fellow motorists.
A rideshare accident from the driver falling asleep can result in the following injuries:
- Broken bones and fractures
- Hand and ankle sprain
- Deep lacerations
- Scarring and disfigurement
- Traumatic brain injury (TBI)
- Neck injury (whiplash)
- Spinal cord damage (partial or total paralysis)
- First to fourth degree burns
- Damage to the internal organs
- Knee injury
- Severed limbs or amputation
- Coma
- Death
Victims can sue for damages incurred from any of these injuries, including death. If you are the injured victim, we can help you with a personal injury lawsuit to recover your losses. Or, if you lost a family member or loved one to a rideshare accident, you may be eligible for wrongful death compensation. Our experience attorneys can advise you of your rights and help you take the proper course of action.
Filing an Injury Claim
As we mentioned before, both Uber and Lyft offer $1 million of insurance coverage to protect passengers and other motorists that are injured in accidents involving their drivers. If you are the rideshare passenger, you generally have no responsibility in the accident and are entitled to monetary compensation from the rideshare company. Even if the accident was caused by the driver, Lyft and Uber are partially responsible for driver negligence, like when a driver falls asleep at the wheel.
However, that one million dollar insurance policy isn’t so helpful if the company denies your injury claim. In many cases, the insurer will say that the injuries were caused by something other than the accident, or that the injuries are not as bad as the victim is claiming. The company may also make you an insufficient offer and refuse to negotiate a fair settlement. At that point, you will need to consider filing a lawsuit to recover your financial and emotional losses.
Filing a Lawsuit against Lyft
If you intend on suing Lyft, the timing is very important as you only have 2 years from the date of your accident to file a lawsuit. If you lost a loved one to a rideshare accident, the deadline is 2 years from the date of death.
To ensure the best outcome of your lawsuit against Lyft, organize and gather all your evidence in a safe place. Evidence includes, but is not limited to:
- Screenshots of your phone to show that the Lyft app was active.
- Receipts and bank statements to prove you were in the vehicle during the accident.
- Photos and/or video of your injuries.
- Photos and/or video of the car and accident scene.
- Police report
- Eyewitness statements and their contact information
Along with collecting the needed evidence, contact a Los Angeles attorney with experience in Lyft accidents. They will explain your legal rights, including the four factors of negligence you’ll need to prove in order to file a successful lawsuit:
- The driver owed you a duty of care to keep you safe from harm.
- The driver breached that duty by driving while they were tired, which increases the chance of an accident. Even though it’s not illegal to drive tired, a reasonable person knows the dangers of driving when they’re too tired. Thus, their decision to still pick up passengers is a breach of their duty of care.
- By breaching their duty of care, the driver fell asleep at the wheel and caused an accident.
- You were injured as a result of the driver falling asleep at the wheel and sustained injuries from the accident.
Car accidents from falling asleep are more dangerous than accidents where the driver is alert. In that case, the driver may have the chance to veer away or take other action to minimize harm to you and others. But if they fall asleep or pass out, they would crash full force into another car or object, thereby increasing your potential for injury.
Compensation from a Rideshare Accident Lawsuit
There are various damages you can recover in a lawsuit against Lyft if your driver fell asleep at the wheel. The exact losses you can sue for depend on your injuries and personal circumstances. As a general rule, here are the damages we ask for in a personal injury lawsuit against Lyft or Uber:
- Medical costs (for hospitalization, ER visits, surgery, physical therapy, etc.).
- Pain and suffering (for emotional trauma and mental health issues like PTSD and depression).
- Future medical expenses (if you need on-going treatments and medication).
- Lost wages (for time off from work due to your accident).
- Property damage (for items that were lost or damaged in the accident).
You may also qualify for punitive damages if the negligence that caused your accident was especially outrageous. But proving gross negligence and why you deserve a certain amount of punitive damages is very difficult. Our attorneys have the skill and experience to bring you this type of compensation if your case meets the criteria.
If you lost a loved one due to a Lyft or Uber driver falling asleep at the wheel, you may be able to recover the following in a lawsuit for wrongful death:
- Funeral expenses
- Medical costs (up to the date of your loved one’s death).
- Pain and suffering (for your mental anguish).
- Loss of expected income (wages your loved one would have earned).
- Loss of benefits (pension, healthcare, etc.).
- Loss of consortium (loss of loss, affection, and companionship).
One of our attorneys can discuss these compensation types with you in detail and fight for the full value of your damages. You should not have to pay for losses that were caused by someone else’s negligence. Lyft and Uber are responsible for accidents caused by their drivers, and must make restitution to the victim or the loved ones of the victim.
How Normandie Can Help
The thought of filing a lawsuit can seem overwhelming, especially when you’re dealing with the aftermath of a car accident. You may also be worried about your finances, and end up talking yourself out of finding a lawyer.
We want to assure you that when you choose Normandie, there is no upfront cost to you for any of our services. We will take immediate and aggressive action on your injury claim or lawsuit, and will not rest until you recover the settlement you deserve. If that means going to trial and arguing your case in front a jury, that’s exactly what we’ll do for absolutely free. As a promise under our Zero fee guarantee, we only recover our fees if you get paid for your injuries. And if we lose your case, you walk away without spending a single penny.
As you can see, there’s nothing to lose by coming in to see us if you were involved in an accident caused by a Lyft or Uber driver. If you were injured by a rideshare driver that fell asleep at the wheel, call us today and schedule a free consultation.
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