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
KAASS Law fights hard to help victims involved in Uber and Lyft accidents, including both drivers and passengers, as well as third-party drivers and pedestrians who were injured, to get the compensation they deserve.
Under California law, Transportation Network Companies, including Uber and Lyft, must provide primary third-party liability insurance. They must maintain $200,000 of excess liability coverage during "Period 1". Period 1 occurs when the Uber or Lyft app is on but still waiting for a passenger. Therefore, you’ll still want rideshare insurance to cover you during Period 1 when your App is on driver mode. Period 2 Match Notification begins when you accept a ride request, as such Auto Liability Coverage and Uninsured/Underinsured Motorist Coverage, as well as Contingent Collision and Comprehensive Coverage, is in effect. Likewise, during period 3, when you're dropping off your passenger(s), the same coverage applies.
Lyft’s third-party automobile liability policy will be your primary policy during Period 1. Lyft will also maintain $200,000 of excess liability coverage during Period 1. Period 1: The rideshare app is on, but you haven't been paired with a passenger. California law has the following minimum requirements.
Periods 2 and 3: Once you've been paired with a passenger and after they've entered your vehicle, the rideshare company, such as Uber or Lyft, are required to carry a $1 million liability insurance policy in California. This covers you and your passengers during Periods 2 and 3. Depending on the company, it may offer additional coverage during these periods as well.
If an Uber driver is involved in an accident with a passenger in the car, Uber and Lyft’s insurance will provide liability and collision coverage. However, they often won’t cover things like rental cars, lost wages, and medical expenses. Thus, It is in your best interest to consult with a Los Angeles Uber accident lawyer about your case before speaking with Uber or an insurance adjuster. With professional legal assistance, you will have more leverage in settlement negotiations with Uber and get the compensation you deserve.
A Los Angeles Uber accident lawyer can help Uber drivers recover damages for the following:
If you were involved in an Uber or Lyft accident in California, we invite you to hire our dedicated Los Angeles Uber and Lyft accident lawyer today. Our skilled Uber and Lyft accident attorneys leverage their considerable experience into obtaining significant settlements from insurance companies that are known for being reluctant to pay out on claims. You can rely on our experienced lawyer to carefully analyze the facts of your case to prove the facts necessary. To schedule a free consultation with one of our rideshare lawyers, call Kaass law today at (310) 943-1171 or send us an email through our online appointment form.