This video discusses the complexities of accidents involving Lyft drivers, who are typically independent contractors. It emphasizes the importance of examining Lyft's control over the driver to determine liability. Understanding the nuances of this relationship can lead to significant recoveries for those injured due to negligence.
If you're involved in a Lyft accident, ensure everyone's safety first and call for medical assistance if needed. Document the scene, gather information from the driver and witnesses, and report the accident to Lyft.
Yes, you may be able to sue Lyft if you can prove that they had a significant level of control over the driver at the time of the accident. This could change the liability from the independent contractor to Lyft.
Factors include whether Lyft directed the driver's actions, the payment structure, and how much control Lyft had over the driver's work hours and routes. These elements can affect liability in a legal case.
You know today when I travel, typically I use Lyft or Uber to get from location to location. It's very rare these days that I actually call for a taxi. So let's talk about accidents involving Lyft or Uber. Now, most of the time your driver for Lyft is an independent contractor. And what does that mean? Well, it means that they are paid by Lyft, but they operate on their own terms. So if they cause a wreck, theoretically you can't get to Lyft and their insurance coverage. But the difference between Tom and I and McCutcheon-Hammer, what we do is we look beyond that. We just don't say, "Oh, it's a Lyft driver. They're an independent contractor." No, that's not what we do. What we do is we look for the right of control. What all was Lyft doing with that driver? Were they telling the Lyft driver where to go? Were they requiring him to be on the job for a certain number of hours? How is he paid? Because if you can show that Lyft maintains a greater right of control, then the independent contractor status is removed. And then that's when you can make a significant recovery for you or the loved one who has been injured due to the negligence of a Lyft driver.