Rideshare vehicles have revolutionized transit; instead of having to wait for a taxi company to dispatch a car to your location or having to rely on unreliable public transportation, you can now use an app on your phone to summon a nearby vehicle to your location. This cuts out the long waiting times that are present in other transit systems and allows the passengers to get where they need to be faster than ever before. Another big plus is the cheapness when compared to other modes of transportation – Uber and Lyft rides usually only cost a few dollars, and if there are multiple passengers with you, the cost per person can be greatly reduced. However, with the increased amount of people driving for pay, there has been an increase in accidents as well. Clients who have been involved in rideshare accidents because of driver negligence have called us with questions about how to best proceed and receive compensation for their damages. Some examples of these questions include:
- I was injured in an Uber or Lyft accident because the driver fell asleep during ride. Can I sue?
- Where can I find a lawyer in Los Angeles to sue Uber for an accident when the driver fell asleep?
- I need an experienced attorney for Uber accidents. Who can I call?
Rideshare Information
Uber and Lyft were created and hit the streets within the last decade. The companies allow drivers from all over to pick up customers and transport them to their destinations. Initially, the companies did not provide insurance to the drivers, which meant that the motorists were essentially transporting people all while lacking insurance. Personal auto insurance policies do not cover commercial driving, or driving that happens for pay. After some months and some laws were passed, the companies began to provide insurance, the most famous of which is the one million dollar insurance policy available in case of any accident and bodily harm while a driver is en route to a passenger or is in transit with a customer in the vehicle.
These rideshare drivers often pick up numerous shifts and drive for many hours; the cheapness of the fares means they need to cram in as many rides as possible to make a decent profit. Uber and Lyft do not provide the driver with expenses related to driving; the companies say that the employees are essentially independent contractors, and thus, the individuals must take care of their own gas fees and maintenance bills. Because of how much the drivers must be behind the wheel, there is a risk of falling asleep, nodding off, or drifting into unconsciousness after a long day.
Many Uber and Lyft drivers drive at night when people need rides from bars, pubs, hotels, events, concert halls, theaters, and more. Seldom do these drivers only have a single job, however, and they may be cutting into the hours they should be sleeping. This can result in very tired drivers.
If you were in an Uber accident due to Uber driver falling asleep at the wheel or a Lyft accident where the driver fell asleep at the wheel and crashed, contact our experienced attorneys today.
Potential Injuries
If the Uber driver fell asleep in the car and got into an accident with you in the car, he may have crashed into another vehicle, careened into a ditch, smashed into a building, or worse. Driving tired is not something anyone should do, and it is especially dangerous for anyone who has the responsibility of another person’s life in his hands. Uber drivers not only put themselves at risk when they drive tired, but they also risk the lives of other drivers and their passengers. An accident that results from a driver falling asleep at the wheel can yield various injuries, including:
- Broken bones, sprains, fractures
- Strained and torn muscles
- Nerve damage
- Traumatic brain injuries and concussions
- Lacerations, cuts, abrasions, and bruises
- Amputated limbs
- Internal organ damage and hemorrhage
- Paralysis
- Coma
- Death
Any number of injuries can lead to a lawsuit, whether it is just a simple personal injury claim based on negligence or a wrongful death claim stemming from the ignorant actions of a rideshare driver. If an Uber passenger is injured, legal action can be taken.
Filing a Lawsuit
Uber and Lyft each have a million dollar insurance policy that protects their drivers, customers, and fellow drivers fin the event of an accident. This allows those who have been injured or affected to collect the necessary compensation for their damages. However, in many cases, the insurance companies will refuse to pay out settlements, claiming that the injuries are not as severe as the victims are claiming or that they injuries were caused by something other than the accident.
Passengers in rideshare vehicles are generally not responsible at all for the accidents they have been involved in. More often than not, the Uber passenger can sue Uber for their injuries or the Lyft passenger can sue Lyft for their injuries. It is partially the fault of the company if a driver were negligent behind the wheel and fell asleep while on the job; the drivers are a reflection of the company, after all.
You should be aware that if you intend to file a lawsuit against Uber or Lyft for injuries sustained in an accident, you only have 2 years from the date of the injury to do so. If you wait longer than that, the statute of limitations will have run out, and you will not be able to collect any compensation for your damages.
In order to reliably file a lawsuit, you should make sure that you have collected all the necessary evidence after the accident. You should take screenshots of the Uber or Lyft app to prove that it was active, as well as print out any of the emailed receipts and bank statements that show that you were riding with a driver during the incident. You should take photos of the car and the damages it sustained. Of course, your own injuries are the most important part of your claim; if you did not sustain any physical injuries, you will not be able to collect certain damages. Document your injuries with photos and videos. Additionally, collect eyewitness testimony and file a police report to show that the accident truly happened and that the fault was on the driver who fell asleep.
Once you have all of the evidence, an attorney in Los Angeles with experience in Uber accidents will be able to help you prove the four points of negligence that must be shown to be true in a personal injury lawsuit.
- You were owed a duty of care by the driver. This is true of all drivers on the road; they must ensure that they are not placing anyone else in harm’s way by driving.
- The duty of care was breached. While it is not illegal to drive tired, it is still a breach in duty, as the chances of accidents climb when a driver is unable to dedicate his full attention span to the road.
- An accident resulted from the breach of duty. By falling asleep, the driver may have rear ended another vehicle or slammed into a pole.
- Actual physical harm came from the accident. Most accidents feature some kind of veering away in an attempt to minimize damage, but if a driver fell asleep, the full brunt of the impact would be felt, and you would likely experience worse injuries than if the driver had tried to avoid the collision.
Restitution
If your Uber or Lyft driver falls asleep during the ride and you get into an accident, you should be aware that you can receive ample compensation for your damages. You were not at fault, and adequate blame can be assigned to the driver and to the company. With the help of an expert attorney, you can earn:
- Medical Expenses (including physical therapy, medication, surgery, hospitalization, and more)
- Future Medical Expenses (for any treatments that are required if an injury lingers on or is complicated)
- Lost Wages (of both past and future from time spent missing work because of injuries or medical procedures)
- Property Damage (for anything you owned that was lost, broken, or damaged in the accident)
- Pain and Suffering (emotional anguish that you experienced because of the crash, including mental scarring, PTSD, psychological trauma, fear, and anxiety)
- Punitive Damages (additional monetary damages meant to punish the defendant, but these are difficult to win because of how courts view them; as a result, only a skilled lawyer will be able to net them for your case)
You should not be required to pay for your own expenses if an Uber or Lyft driver fell asleep at the wheel and directly caused your injuries. The driver and the company should be held responsible, and you should focus on what matters: recovering.
Let Us Help
Our professional attorneys at Normandie Law Firm are here to help you receive the maximum settlement available to you under the law for your rideshare accident. We know that you may be wary of going to court or filing a lawsuit, but with our help, you will not have to worry about a single thing. Our attorneys will take care of the entire process, and you can work on staying stress-free. Our aggressive lawyers will do all we can to bring you a fair settlement; we are willing to fight Uber and Lyft in court if necessary, and we will not stop until we are victorious.
Call us today to schedule a free legal consultation with an expert attorney. You can ask questions about Uber lawsuits, or you can discuss your case with us. We will be glad to give you necessary information. We believe that all of our clients should be well prepared to take legal action.
You can also receive a zero fee guarantee on your claim. This promises that you will never pay us any out of pocket expenses for our services. We will only have our fees taken care of if we win your case, and the money will be taken from the settlement we bring you. If we lose, you won’t have to pay us a single cent, and we will eat the case’s costs ourselves.
If your rideshare driver fell asleep at the wheel, call our Los Angeles Uber accident lawyers for help in filing a lawsuit.
More Information on Uber Accidents
What to Do After an Uber Accident
How to File an Accident Report with Uber
How to Increase the Settlement Offer of an Uber Accident Case
Uber & Lyft Auto Accident Attorneys — Everything You Need to Know About Uber/Lyft Lawsuits
