Pedestrian Accidents Involving Ride-Share Vehicles
Were you struck and injured by a driver operating a ride-share vehicle like Uber or Lyft? Did the driver leave the scene of the accident? Do you witness a ride-share collision with a pedestrian or cyclist? In any case, it is critical you contact a lawyer as soon as possible to schedule a consultation. Despite popular belief, Uber and Lyft drivers are not exempt from personal injury claims arising out of their negligence, including reckless driving incidents.
Furthermore, Lyft, Uber, and other rideshare companies have attempted to circumvent litigation, claiming they are not liable for an independent contractor/driver’s behavior or driving record. While cases are still being actively litigated on the matter, if you are suffering from physical injuries, emotional distress, or other damages, you are entitled to compensation.
Ride-Share Companies and Independent Contractor Drivers
Ride-share companies do not directly hire drivers as employees. Rather, they conduct a stream-lined hiring process wherein the driver passes a simple background check to start ride-sharing. Almost anyone can become an Uber or Lyft driver, even if their driving record indicates a history of negligence, recklessness, DUI, or multiple collisions. Several criminal cases have settled after drivers were accused of harassing or assaulting passengers. Other cases are in active litigation to determine if Uber, Lyft, or other ride-share companies are immune from liability regarding ride-share collisions. Uber has argued that because their drivers are independent contractors, they cannot be held vicariously liable under the theory of respondeat superior.
In California, Proposition 22 passed by narrow margins in November of 2020. Proposition 22 classifies ride-share drivers as independent contractors and limits liability imposed on Uber and Lyft. Independent contractor drivers are also not afforded basic worker protections like minimum wage or workers’ compensation benefits. Uber spent more than $200 million in targeted ad campaigning in California to convince registered voters to vote in favor of Prop 22. California law is not binding in other states, and there are no federal laws indicating if rideshare companies can be held liable, but the law is evolving in this area.
Drivers, cyclists, and pedestrians who are injured by a rideshare driver are likely entitled to damages. Utah operates under a comparative fault scheme, so even if the pedestrian or cyclist was partially negligent, they can still recover a portion of damages from the defendant based on the proportion of negligence attributed to the defendant’s actions. Leaving the scene of the crime speaks to the defendant’s guilt, and a history of prior collisions or negligent driving behavior is also damning for the defendant. Your recovery is based on the unique circumstances of your case, and an experienced personal injury attorney can help you pursue the compensation you deserve.
Potential Damages
Even if a claim against the ride-share company will not stick, a plaintiff can still file a claim against the ride-share driver and other defendants who contributed to the incident. Even if the pedestrian was jay-walking, the driver can still be held liable if speed or distracted driving habits (like texting) contributed to the accident. If the driver leaves the scene of the accident, they can be criminally charged with a Class C misdemeanor for hit and run. Even in minor accidents where no bodily injury has occurred, drivers are required to stay at the scene.
Call Rocky Mountain Personal Injury Center
In Wyoming and Utah, plaintiffs have up to two years to file a personal injury claim. However, it is prudent to file as soon as possible after an incident occurs so that out-of-pocket medical expenses are minimized. Filing soon after the incident allows your legal team to collect evidence, interview witnesses, and prepare expert testimony, and ensures you receive a settlement or go to trial in a timely manner. Pedestrian accidents often result in severe bodily injury or fatalities. Our attorneys handle all types of personal injury claims, including multi-vehicle accidents, wrongful death claims, and pedestrian and cyclist accidents. If you are unable to work, are disabled, or suffering from another driver’s negligence, contact our litigation attorneys at Rocky Mountain Personal Injury Center today.
