Rideshare services like Uber and Lyft have transformed modern transportation, offering convenience at the tap of a button. However, with more rideshare drivers on the road, accidents involving these vehicles have also increased. One of the most common causes of rideshare accidents is distracted driving, which can lead to severe injuries and financial losses for victims.
If you or a loved one has suffered an injury in a rideshare accident caused by a distracted driver, you may wonder whether you have the right to sue. The short answer is
"Yes," but filing a claim against Uber, Lyft, or their drivers involves legal complexities that require a thorough understanding of liability, insurance coverage, and the legal process.
Allow a San Diego Uber or Lyft accident lawyer to pursue fair compensation for you after a distraction-related rideshare accident.
What Is Distracted Driving?
Distracted driving occurs when a driver's attention is diverted from the road due to another activity. The National Highway Traffic Safety Administration (NHTSA) categorizes distractions into three types:
- Visual distractions: Taking your eyes off the road (e.g., looking at a phone, GPS, or passenger).
- Manual distractions: Removing your hands from the wheel (e.g., texting, eating, adjusting controls).
- Cognitive distractions: Losing mental focus while driving (e.g., talking to passengers, daydreaming).
Anyone can be distracted, but rideshare drivers may be even more prone to distraction than most.
How Are Rideshare Drivers More Prone to Distractions?
Unlike traditional drivers, Uber and Lyft drivers rely heavily on rideshare apps and GPS navigation, making them especially susceptible to distracted driving. Common distractions for rideshare drivers include:
- Checking ride requests on the app
- Using GPS for navigation
- Communicating with passengers
- Reading and responding to messages from Uber or Lyft
- Adjusting music or other in-car settings
- Eating or drinking while driving
- Fatigue from driving long hours
Rideshare drivers must do their job without engaging in dangerous types of distraction. When they fail, they can be held responsible for the harm their distraction causes others.
Even a few seconds of distraction can lead to an accident, potentially causing severe injuries or fatalities. About 9 percent of traffic deaths result from distracted driving, showing how urgent a problem this is.
Who Can Be Held Liable for a Rideshare Accident Caused by Distracted Driving?
Determining liability in a rideshare accident is more complex than in a regular car accident because multiple parties may be responsible. The driver, the rideshare company, or even a third party may share liability.
The Rideshare Driver
If an Uber or Lyft driver's distraction caused the accident, they can be held personally liable for the damages. However, their insurance coverage depends on their status in the rideshare app at the time of the crash:
- If the driver was not logged into the app: Their personal auto insurance policy applies, and Uber and Lyft may not be involved
- If the driver was waiting for a ride request: Uber and Lyft provide limited liability coverage (up to $50,000 per person for injuries)
- If the driver was transporting a passenger or en route to a pickup: Uber and Lyft provide $1 million in liability coverage
Your attorney will scrutinize the behavior of any rideshare driver involved in your accident.
The Rideshare Company (Uber or Lyft)
Uber and Lyft typically distance themselves from liability by classifying their drivers as independent contractors rather than employees. However, you may still be able to sue Uber or Lyft under certain circumstances, such as:
- Negligent hiring: If the company failed to screen drivers properly (e.g., hiring a driver with a history of reckless driving)
- Lack of proper safety training: If Uber or Lyft failed to enforce safety policies that can prevent distracted driving
- Encouraging distracted driving: If the company's policies require drivers to check their phones frequently, this contributes to distractions
These are just a few of the many possible ways that Uber or Lyft can contribute to a crash, making those companies liable for that crash.
A Third-Party Driver
If another driver's distraction caused the accident (e.g., a texting driver rear-ends the Uber you're riding in), you can file a claim against that driver's insurance policy instead.
Other Potentially Liable Entities
In rare cases, additional parties may be responsible, such as car manufacturers and government entities. Your attorney will identify all responsible parties and explain their plan for securing the money you deserve.
How to Prove Distracted Driving Caused the Accident
To file a successful lawsuit or insurance claim, your lawyer must provide evidence that the rideshare driver was distracted and that their distraction directly caused the accident. Key evidence may include:
A Police Report
Officers often note if the driver was suspected of distraction at the time of the crash. The report may include statements from witnesses or drivers admitting to phone use.
Witness Testimony
Passengers, bystanders, or other drivers may have seen the rideshare driver using their phone or looking away before the crash.
Cellular Records
Phone records can reveal if the driver was texting, calling, or using the rideshare app at the time of impact.
Video Footage
Traffic cameras, security footage, or dashcams may capture the driver's actions before the collision.
Uber or Lyft App Data
Uber and Lyft track driver activity, ride logs, and app usage. If a driver accepted a ride moments before the crash, it can prove a harmful distraction.
A Reconstruction of the Accident
Experts can analyze vehicle speed, braking, and road conditions to determine if distraction played a role in the accident.
Strong evidence strengthens your case and increases the chances of a successful claim against Uber, Lyft, or the driver.
What Compensation Can You Recover After a Rideshare Accident?
If you suffered an injury in a rideshare accident caused by distracted driving, you may be entitled to various types of compensable damages, including:
Economic Damages
These kinds of damages can include:
- Medical bills for the cost of hospital visits, surgeries, therapy, and future treatments
- Lost income, including any compensation you've lost while injured
- Loss of earning capacity, which happens when injuries prevent you from returning to your job at full capacity
- The cost of property damage, including any repair or replacement of your vehicle
These damages, which have a clear financial value, will be an important piece of your case value.
Non-Economic Damages
Non-economic damages can have a less-than-obvious financial value. That's why your lawyer will use their proven methods to calculate their monetary cost. Such non-economic damages may include:
- Physical pain and discomfort
- Emotional distress
- Anxiety
- Depression
- PTSD
- Scarring
- Other types of disfigurement
- Lost quality of life
- Substance abuse problems
- Thoughts of self-harm
These damages can vary significantly between different accident victims, as they are a highly personal type of harm.
Punitive Damages (In Cases of Gross Negligence)
Punitive damages are reserved for cases in which the at-fault party's behavior is particularly egregious.
If the driver was texting, watching videos, or engaging in reckless distractions, punitive damages may be awarded to punish the behavior and deter future negligence.
Is a Distracted Driver Automatically at Fault for an Accident?
No, a distracted driver is not automatically at fault for an accident. That said, distraction significantly increases the likelihood of causing a crash. If a motorist is distracted at the time of a rideshare collision, there's a significant chance they were at fault.
How to Prove Negligence in a Rideshare Accident Case
Proving negligence in a rideshare accident case is essential to securing compensation for injuries and damages. To establish that an Uber or Lyft driver (or another responsible party) was negligent, you must demonstrate four key legal elements:
- Duty of Care: The rideshare driver had a legal responsibility to drive safely and follow traffic laws.
- Breach of Duty: The driver failed to uphold this responsibility (e.g., distracted driving, speeding, or reckless behavior).
- Causation: The driver's negligence directly caused the accident and your injuries.
- Damages: You suffered financial, physical, or emotional losses as a result of the crash.
Your lawyer will use all the evidence they collect while investigating the accident to prove you are the victim of a distracted driver's negligence.
Uber, Lyft, and Insurers May Fight Your Case. Hire a Lawyer for a Rideshare Accident Claim?
Don't expect Uber, Lyft, or any liable insurance companies to simply hand you a check. These companies will almost certainly protect their financial interests and may do so by:
Denying Liability
One of the primary ways Uber and Lyft avoid paying claims is by distancing themselves from responsibility. Since their drivers are classified as independent contractors, rideshare companies often argue that they are not liable for accidents. You might find that:
- Uber and Lyft claim they are not employers of an at-fault driver, making it harder to hold them accountable.
- Uber or Lyft may argue that the driver was not logged into the app at the time of the accident, shifting responsibility to the driver's personal insurance.
- Even if a driver was actively transporting a passenger, rideshare companies may dispute whether their insurance policy applies to the specific situation.
By denying liability, Uber and Lyft attempt to avoid paying claims, forcing victims to fight for compensation through legal battles and negotiations.
Delaying the Claims Process
Another common bad faith tactic is deliberately delaying the claims process. Rideshare insurers know that victims often face financial hardships after an accident, so they use delays to pressure them into accepting lower settlements. You might discover that:
- Insurance companies take weeks or months to respond, hoping that you will lose patience or give up on the claim
- Uber, Lyft, or their insurers repeatedly request additional paperwork, medical records, or other documents to drag out the process
- Insurance adjusters intentionally ignore phone calls or emails, leaving claimants frustrated
By delaying claims, rideshare insurers try to wear down victims, making them more likely to accept a lower settlement just to move forward with their lives. Your lawyer will help you stand strong.
Offering Lowball Settlements
If Uber or Lyft can't deny a claim outright, they often try to settle for far less than the victim deserves. This strategy is designed to save the company money while leaving victims without enough compensation to cover their expenses.
- Victims frequently receive initial settlement offers that are far below their actual damages.
- Insurance adjusters downplay injuries, claiming they are minor or unrelated to the accident.
- The company may try to avoid paying for long-term medical care, even if injuries require ongoing treatment.
Accepting a lowball settlement can leave you struggling with unpaid medical bills, lost income, and ongoing pain. A lawyer can encourage you to reject unfair offers while they negotiate for fair compensation.
Shifting Blame to the Victim
Rather than accepting responsibility, Uber and Lyft often try to shift the blame onto you. This is a common strategy used to reduce their payout or avoid paying at all. Some blame-shifting strategies you might face are:
- Insurance companies may argue that the victim was partially at fault for the accident
- They might claim that road conditions, weather, or another driver contributed to the crash
- If the victim was a passenger, they may suggest that they were not wearing a seatbelt or contributed to their own injuries
Blaming the victim makes it harder to secure full compensation. This is why having strong evidence and legal representation is vital.
Disputing Medical Conditions
Insurance companies frequently challenge injury claims to reduce their financial liability. Even if a victim has clear medical records, rideshare insurers may still dispute the extent of their injuries. Some such tactics include:
- They may claim the victim had pre-existing conditions to avoid paying for treatment.
- The insurer might require an Independent Medical Examination (IME) with a doctor of their choosing, who often downplays the injuries.
- If the victim delayed seeking medical care, the insurer might argue that the injuries were not serious or unrelated to the accident.
These tactics are designed to minimize payouts and force victims to accept less compensation than they need for recovery. A lawyer will not permit such tactics to succeed.
Hire Your Rideshare Accident Attorney Today
If you've suffered an injury in an Uber or Lyft accident, don't face the insurance companies alone. Rideshare companies use aggressive legal tactics to minimize payouts, making it difficult to recover fair compensation.
An experienced San Diego personal injury attorney will fight for your rights, handle negotiations, and take legal action if necessary. Don't settle for less—hire a lawyer today to secure the maximum compensation for your injuries, lost income, and damages. Call now for a free consultation!
Ashley Rae Rawlins
Founder and CEO - Rawlins Law Accident & Injury Attorneys, APC
Personal Injury Attorney
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