Ridesharing services such as Uber and Lyft have gained a wide following after successful launches in various states. The ridesharing system operates by allowing people to use a smartphone application to catch a ride from drivers who use their own vehicles for a fee. The status of Uber or Lyft drivers is often the subject of legal challenges that hinge on whether a ridesharing driver is an independent contractor or an employee of the ridesharing company.
Personal Injury Case for 2014 Accident
A car crash involving a Lyft network vehicle is now the subject of a consolidated wrongful death and personal injury lawsuit in San Francisco. The case stemmed from a collision that happened when two passengers got a ride via Lyft after a Halloween party.
Their vehicle was traveling along Interstate 80 when its driver suddenly swerved to avoid a stopped vehicle on the road. The driver lost control of the car and crashed into two trees, killing one passenger and seriously injuring another. The decedent’s mother sued Lyft for wrongful death while the other passenger sued for damages, claiming that he suffered a concussion and had to remain at the intensive care unit for three days as a result of his injuries from the Lyft accident.
Ridesharing Company’s Defenses
Lyft raised several defenses against the plaintiffs, stating among others that:
- The passengers voluntarily assumed a risk when they hailed the vehicle using the Lyft app
- The driver was an independent contractor and not an employee of Lyft
- Lyft is a technology company, not a transportation company and cannot be considered a common carrier with potential liabilities for a vehicular accident
Claiming Compensation for Personal Injury
Like all personal injury lawsuits, the injured party’s potential cause of action for compensation will depend on the factual circumstances of the case. In this case, for Lyft to be liable for any injury, the plaintiff must be able to establish their injuries resulting from the car crash and that the defendant driver caused their injuries.
If you or a family member is injured while on board any of the ridesharing facilities in Nevada, it’s important to speak to an experienced personal injury attorney soon after getting medical treatment for your injuries.
In Las Vegas and nearby locations, the law firm of Bertoldo Carter Smith & Cullen have years of proven experience in personal injury cases, pursuing compensation that our injured clients legally deserve.
We invite you to call us today at (702) 505-8115 to discuss your situation with one of our attorneys.