A common carrier is an individual or business that advertises to the public that it is available for hire to transport people or property in exchange for a fee. A typical example is Uber or Lyft services.
A common carrier must exercise the utmost care and be careful so as to protect their passengers on board. Additionally, the driver of Uber/Lyft ride is responsible to warn fellow passengers should there be any potentially dangerous condition they know of that may harm the passengers on board. For example, an Uber driver should warn their passenger if one of the seatbelts in the car is not properly working so that the passenger may use another seatbelt instead.
Common carrier responsibilities ensure the safety of passengers as well as others that are sharing the road. Some examples of responsibilities include:
A common carrier can hold responsibility for injuries a passenger sustains. The idea here is that when an individual becomes a passenger in an Uber or Lyft, the passenger is essentially putting themselves under the Uber or Lyft driver’s control. Thus, the driver of Uber or Lyft has a special duty of care towards the passengers that board Uber or Lyft. Typically, proving negligence of a common carrier means showing that the Uber or Lyft driver violated the law or by showing that the driver failed to act reasonably in using care and diligence expected of a cautious Uber or Lyft driver.
To establish common carrier liability, the injured party must prove these key elements:
For example, if an Uber driver ran a red light and caused an accident, this could be direct evidence of a breach of the duty of care.
There are times, however, when a common carrier may not be liable. For example:
However, even if the passenger is partially at fault, California has a comparative negligence rule. This means that the court may apportion some of the fault between the parties.
Passengers injured as a result of a common carrier's negligence may be able to recover for:
In some cases, punitive damages may be available if it can be shown that the transportation company intentionally disregarded safety.
These companies may be held liable in certain situations. For example:
As you can see, Uber and Lyft are not only required to vet their drivers, but also to ensure that their services are functioning properly. Failure to comply with these requirements could result in legal liability for the companies, in addition to the drivers themselves.
It is important to remember that California has strict statutes of limitations for personal injury lawsuits:
Failure to seek legal counsel in a timely manner may result in the loss of your right to compensation. That is why it is important to contact an experienced attorney immediately after the incident.
If you or someone you know has been injured in an Uber or Lyft ride, contact our Los Angeles UBER accident lawyer at (310) 943-1171. Our attorneys can provide you with any sort of legal assistance you require.
If you have been injured while riding with Uber, Lyft, or another transportation company, seek help immediately. The attorneys at KAASS LAW are experienced in transportation negligence cases and are ready to stand up for your rights. We can help you get fair compensation and guide you through every step of the legal process. https://www.youtube.com/watch?v=kyD1x6BCMWs
Over the years, drivers under Uber, Lyft, and many others have not been successful with these apps. California legislature approved Assembly Bill 5, back in the year 2019, requiring app-based companies like Uber, Lyft, and Doordash treat workers as employees. It's aim is to make it harder for companies to classify workers as independent contractors rather than employees. This bill on a 2018 California Supreme Court decision, Dynamex Operations West, Inc. v. Superior Court of Los Angeles, establishes the "ABC test" for determining whether a worker is an independent contractor or an employee. Workers must be an employees instead of contractors if a company retains control over how they perform their tasks or if their work is part of a company’s regular business. California will become the first state to require app-based companies/gig-economy to treat workers as employees. Overall, AB 5 marked a pivotal shift in California's approach to worker rights, particularly within the gig economy, and its influence continues to shape debates about labor classification in the state and beyond
Accordingly, some experts say that nothing in Assembly Bill 5 will require employees to work set shifts, meaning that Uber and Lyft legally have to allow drivers to make their own scheduling decisions. This California Bill is to better help employees for Uber and Lyft, and other third party companies that offer delivery services for food, groceries, and or client transportation. Also see Uber Insurance Explained