Lyft car accident liability is generally based on a claim of negligence via vicarious liability. Negligence is the failure to use reasonable care to prevent harm to others. Under the theory of respondeat superior, an employer is vicariously liable for an agent’s negligent acts that are committed within the scope of the agency.
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Lyft | Car Accident
A Lyft driver, just like any other driver out there, must use reasonable care in driving their vehicle. They must keep a lookout for pedestrians, obstacles, and other vehicles. They must also control the speed and movement of their vehicle. A failure to use reasonable care in driving a Lyft ride share car is negligence.
Example Scenario 1: Jacob is a Lyft driver. He picks up Kim in Banker’s Hill, on 6th and Laurel, for a Lyft fare. Kim is headed to SDSU to watch the Aztecs. While driving to the game, Jacob takes his eyes off the road to look at his phone’s GPS and slams into the back of a furniture delivery truck at 25-mph. Kim suffers severe whiplash and is knocked unconscious. She has a traumatic brain injury (TBI) and suffers from residual headaches. She is unable return to work for 3-months and loses wages. Jacob is liable to Kim for failing to use reasonable care while driving his Lyft ride share car.
Lyft | Vicariously Liability
Lyft is responsible for the harm caused by the wrongful conduct of its drivers while acting within the scope of their employment, agency or authority). This is called vicarious liability. Vicarious liability flows from the responsibility that a business entity (such as Lyft) has for the acts of its employees under the principle of respondeat superior. Respondeat superior is based on a deeply rooted sentiment that it would be unjust for a business enterprise to disclaim responsibility for injuries occurring in the course of operating its business.
Example Scenario 1 (cont’d): Kim suffers $30,000 in medical bills, loses $7,000 in lost wages and is still receiving neurological, medical follow-up treatment for her TBI. She is seeking well over $100,000 for her injuries, medical bills and lost wages. Jacob has no car insurance because he let it lapsed. This means that Jacob’s does not have personal car insurance from which Kim may recover. This is a prime example where an injury claim against Lyft would be made.
Ordaz Law, APC | Lyft
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Blog: Personal Injury
Blog: Car Accidents
Ride Share Liability | Personal Injury
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