Lyft and Uber have revolutionized the way we get around. With just a few taps on your smartphone, a driver arrives at your location, ready to take you to your destination. However, what happens when your rideshare driver is impaired or distracted, putting your safety at risk? While it isn’t common, recent headlines show it does happen.
In such unfortunate circumstances, passengers have rights and options to seek justice for their injuries. A recent case involving Lyft highlights the importance of these rights. Lal Finci, a passenger, alleged in her lawsuit against the rideshare company that she had to jump out of a moving vehicle just moments before her unconscious driver crashed into a parked car. This incident led to a lawsuit encompassing negligence, negligent hiring, supervision and retention, negligent infliction of emotional distress, employer liability, and breach of contract.
The Right to Sue for Injuries
When a passenger is injured in a rideshare accident due to their driver’s impairment, whether it be from drugs, alcohol, distractions, or any other reason, they have the right to pursue legal action. This right is essential, as it allows victims to seek compensation for medical bills, pain and suffering, and other damages resulting from the accident.
Furthermore, unless the passenger was directly responsible for the accident, which is rare, they can sue for any injuries, even if their driver wasn’t at fault.
The Arbitration Challenge
In the case of Lal Finci’s lawsuit against Lyft, the ride-hailing company’s lawyers filed court papers urging the court to compel arbitration. According to Lyft’s attorneys, Finci had accepted Lyft’s terms of service, including its mutual arbitration clause, which stipulated that disputes were to be resolved through arbitration. This clause required Finci to arbitrate her claims against Lyft.
While Lyft’s argument may seem compelling, it’s crucial to understand that arbitration clauses can be controversial. They often limit a person’s ability to bring a lawsuit in court, potentially favoring the company over the individual. However, the outcome of this case will ultimately depend on the court’s decision.
Passenger Safety First
The incident involving Lal Finci underscores the importance of passenger safety. When you find yourself in a rideshare vehicle with an impaired driver, it’s essential to prioritize your well-being. Finci’s actions, such as asking the driver if he was fit to drive and attempting to awaken him when she noticed signs of impairment, demonstrated her commitment to safety.
Hopefully, this never happens to you but here are some steps you can take to protect yourself:
- Stay Calm: Try to remain calm and composed, as panicking can worsen the situation.
- Communication: Politely communicate your concerns with the driver. Ask if they are okay to drive safely.
- Seatbelts: Always wear your seatbelt, even if you plan to exit the vehicle soon.
- Exiting Safely: If you feel unsafe, ask the driver to pull over and let you out in a safe location. Never jump out of a moving vehicle unless it is absolutely necessary for your safety.
- Document Everything: If an accident occurs, document it as thoroughly as possible. Take pictures, gather witness information, and seek medical attention right away.
Seeking Legal Recourse
According to Attorney J.J. Dominguez of The Dominguez Firm, “If you were injured in a Lyft or Uber accident as a passenger, it’s essential to consult with an experienced rideshare accident attorneyright away. Rideshare accidents are complex. One of the main reasons why is that drivers are classified as independent contractors, not employees. This means Uber and Lyft will claim they aren’t responsible for a driver’s actions. A personal injury lawyer who handles rideshare accidents can guide you through the legal process and help you understand your rights.”
In conclusion, the safety of rideshare passengers should always be a top priority. If you find yourself in a situation where your driver is impaired or distracted, remember that you have the right to seek justice and compensation for your injuries. The outcome of cases like Lal Finci’s will continue to shape the rights and protections afforded to rideshare passengers, emphasizing the importance of passenger safety and accountability in the industry.
