The boyfriend and the mother of a West Sacramento man killed in a car with a Lyft Inc. driver have recently filed a personal injury and wrongful death lawsuit in the San Francisco Superior Court.
The crash happened in the early hours of November 1st, 2014. The deceased, Shane Holland and his boyfriend, plaintiff Brady Lawrence, were leaving a Halloween party and requested a Lyft vehicle through the company’s mobile app. The 31-year-old driver, Shanti Adhikari, arrived to take them home.
While traveling westbound on Interstate Highway 80, Adhikari swerved the vehicle to avoid hitting a stopped car on the freeway. He lost control of his Toyota Camry and hit two trees.
Lawrence suffered a concussion and was hospitalized in the ICU for three days. Holland, unfortunately, was declared deceased at 1:25 am.
A Matter of Liability
Rideshare companies like Lyft boast about their $1 million liability policy, but riders should not be so quick to assume that their damages will be covered.
The case above is ongoing because liability has not yet been established. One common defense that ride-sharing companies use, and which is being used in this case, is that the driver was not an employee and was operating as an independent contractor for the company.
A recent class-action lawsuit, which Lyft settled at the end of January 2016, cemented the fact that Lyft drivers are classified as independent contractors and that they are not employees of the company. But this does not mean that those who have been in an accident involving a Lyft driver are not entitled to compensation.
Receiving Personal Injury Compensation
If you have been involved in a collision involving a ride-sharing company, it is essential that you seek legal guidance immediately. The law office of Bertoldo, Baker, Carter, Smith & Cullen offers free initial consultations to anyone who has been injured by another’s wrongdoing. During the consultation you may be asked to provide:
- Basic information (medical reports, insurance company policy numbers, contact information, and police reports)
- Expenses (income loss, repairs, medical bills,)
- Your version of the event or events
Our knowledgeable personal injury attorneys at the law office of Bertoldo, Baker, Carter, Smith & Cullen are experienced in handling the complexities surrounding these cases. Our aim is to help you receive the compensation you deserve.
We invite you to call us today to schedule your free consultation at (702) 505-8115.