Rideshare Drivers And Liability For Distracted Driving

With all the concerns over distracted driving, particularly because of smartphone use, has anyone considered that drivers for rideshare companies like Uber and Lyft may be some of the most distracted and dangerous drivers? Uber and Lyft compete with taxis and other car services in most major cities. Uber and Lyft do not own, operate, or control the vehicles that are used to carry passengers. Nor do they hire the drivers. The drivers are independent contractors with Uber and Lyft who agree to operate their vehicles as rideshare vehicles under various terms and conditions.

Rideshare drivers have a lot of distractions in their vehicles. They’re constantly using their phones to check the ride share app, are using GPS for directions, are talking to their passengers, and may be driving on streets that are unfamiliar to them. They also may be driving fast because of concerns about drop-off or pick-up times. So what happens if you’re injured in an accident with a rideshare vehicle that’s caused by the rideshare driver’s distracted driving, either as a passenger, another driver, or a pedestrian?

The first target for responsibility should be, of course, the at-fault rideshare driver. Rideshare companies require their drivers to carry vehicle insurance that covers physical injuries and property damage. But this can get complicated because the rideshare driver was operating the vehicle for money. Many vehicle insurance policies exclude coverage in such circumstances unless a commercial policy or rideshare endoresement (only available in some states) was purchased for the vehicle. So you may have a claim against the rideshare driver, but without insurance to cover your claim the claim’s often useless.

Luckily, Uber and Lyft have realized the insurance problem that may result when one of their independent contractor drivers causes an accident. They offer insurance coverage to their drivers to cover such situations. That insurance is triggered if the driver’s personal insurer denies the claim.

It’s difficult to, and you probably don’t need to, sue Uber or Lyft directly for the accident. They’ve worked very hard to maintain their drivers’ distinction as independent contractors, not employees. Uber and Lyft are liable for their employees’ negligence, but not the negligence of their independent contractors. Given the business models of Uber and Lyft and the contracts that their drivers sign, proving that a driver was an employee, not an independent contractor, will be an uphill battle. But that shouldn’t be necessary since you’ll be able to make a direct claim against the driver and be paid by the driver’s vehicle insurer or through the insurance coverage provided for the driver by Uber or Lyft.

States and municipalities are starting to pay more attention to this issue. Laws regarding liability for accidents involving rideshare vehicles are under development in many jurisdictions. In many instances, rideshare companies have been falling outside of existing laws for taxi services and the like because rideshare operations aren’t exactly a conventional taxi or common carrier service. Some state and local governments are working to fill that gap with new laws.

For now, accidents involving rideshare vehicles remain an unusually complicated area of motor vehicle accident law. These are definitely not do-it-yourself accident claims to be handled without a lawyer. If you’re injured by a rideshare operator, it’s best to hire a lawyer who is able to evaluate and navigate the various legal issues mentioned above.