Associate at AKD Lawyers

Practice Areas: Personal Injury, Workers Compensation

Ridesharing services like Uber and Lyft have changed the way we travel. With just a few taps on a smartphone, you can find a nearby driver and get to your destination quickly and affordably. But what happens if the driver behind the wheel is intoxicated, and you’re involved in an accident? Who is responsible for the damages? Is it the driver, or can Uber or Lyft be held accountable?

In this post, we’ll dive into these questions and give you a clearer understanding of who can be held liable in accidents involving intoxicated rideshare drivers.

Understanding Ridesharing Apps Like Uber and Lyft

How Uber and Lyft Operate

Uber and Lyft connect passengers with drivers through their mobile apps. Unlike traditional taxi services, anyone meeting basic requirements can sign up to be a driver.

Passengers input their destination, and the app matches them with a driver in the area. Payment is handled through the app, making the whole process fast and convenient.

Differences Between Ridesharing Services and Taxis

While Uber and Lyft offer services similar to taxis, the main difference is that rideshare drivers use their own vehicles. These drivers are not employees in the same way taxi drivers are—they are considered independent contractors.

This distinction plays a key role in understanding who’s liable in the case of an accident.

Risks Associated with Rideshare Services

With such a large pool of drivers, rideshare services may seem safe, but risks exist. Uber and Lyft’s screening processes may not catch everything, and sometimes drivers can be impaired by drugs or alcohol. When an intoxicated driver causes an accident, determining who is responsible can be tricky.

Uber Lyft driver intoxication risks - akd law

The Prevalence of Intoxicated Driving Among Rideshare Drivers

Statistics on Impaired Driving

Impaired driving is a leading cause of motor vehicle accidents, accounting for over 74,000 injuries every year.

While the data on Uber and Lyft-related impaired driving accidents is still emerging, there’s no doubt that intoxicated drivers pose a risk to passengers and other road users.

Recent Cases Involving Intoxicated Rideshare Drivers

There have been several high-profile cases where intoxicated rideshare drivers have caused accidents, raising concerns about the effectiveness of these companies’ policies in preventing such incidents.

Uber and Lyft Policies on Intoxicated Driving

Uber’s Zero-Tolerance Policy

Uber has a strict zero-tolerance policy regarding alcohol and drugs. According to Uber’s Community Guidelines, drivers are prohibited from consuming or possessing alcohol or drugs while using the platform.

If a passenger suspects the driver is impaired, Uber encourages them to immediately end the ride and report the issue.

Lyft’s Zero-Tolerance Policy

Lyft has a similar policy. Their Zero-Tolerance Drug Policy prohibits drivers from using drugs or alcohol and advises passengers to report any suspicion of intoxication immediately.

Lyft claims they take these reports seriously, but the actual enforcement of these policies can be inconsistent.

Reporting Intoxicated Drivers

If you suspect your Uber or Lyft driver is under the influence, both companies advise passengers to contact 911 and file a report with the rideshare company.

While these policies sound reassuring, they don’t automatically free the companies from liability if an intoxicated driver causes an accident.

Get Your Free Consultation

Legal Status of Rideshare Drivers: Employees or Independent Contractors?

Current Classification Debate

One of the biggest ongoing debates surrounding rideshare companies is whether their drivers are employees or independent contractors.

Both Uber and Lyft classify their drivers as independent contractors, meaning the companies avoid certain responsibilities, like providing employee benefits.

How Classification Affects Liability

This distinction matters because if drivers are independent contractors, Uber and Lyft can argue that they aren’t responsible for their actions, including accidents caused by intoxicated driving.

However, if drivers are classified as employees, the companies could be held accountable for accidents that occur during a ride.

Ongoing Legal Battles

Several states, including California, New York, and Massachusetts, have introduced legislation to classify rideshare drivers as employees, but Uber and Lyft have fought hard against these changes. As this legal debate continues, the question of liability remains complicated.

Determining Liability in Accidents Involving Intoxicated Uber/Lyft Drivers

Primary Responsibility of the Driver

In most cases, the intoxicated driver is the primary person responsible for the accident. They violated the law by driving under the influence, and their personal insurance may cover some of the damages.

When Uber or Lyft Can Be Held Liable

Despite their zero-tolerance policies, Uber and Lyft might still be held partially liable, depending on the circumstances. If the driver was actively logged into the app and transporting a passenger, Uber or Lyft’s insurance could come into play.

The Role of Insurance in Rideshare Accidents

Both companies provide up to $1 million in liability coverage during a ride, but coverage can vary depending on when the accident happens. If the driver is logged out of the app, only the driver’s personal insurance applies.

Uber and Lyft Insurance Policies

Uber’s $1 Million Insurance Coverage

Uber’s insurance covers accidents that occur while the driver is logged into the app and transporting a passenger. This coverage includes $1 million in liability protection, which applies to both the driver and the passenger.

Lyft’s Insurance Coverage and Requirements

Lyft offers similar coverage. However, both companies’ insurance policies only apply when the driver is actively using the app to transport passengers. If the app is off, the responsibility falls on the driver’s personal insurance.

Gaps in Coverage

One issue with Uber and Lyft’s insurance policies is that they don’t cover accidents that occur when the driver is logged off. This can leave victims facing challenges when trying to recover full compensation.

Steps to Take After an Accident Involving an Intoxicated Rideshare Driver

Ensuring Safety After an Accident

If you’re involved in an accident with an intoxicated rideshare driver, your first priority should be safety. Call 911, seek medical attention, and ensure everyone at the scene is safe.

Reporting the Accident to Authorities and the Rideshare Company

File a police report and immediately report the accident to Uber or Lyft. Both companies require a formal report to start the insurance claims process.

Gathering Evidence for Your Case

Document as much as you can, including photos of the accident scene, the rideshare driver’s information, and witness statements. This evidence will be crucial if you pursue legal action.

Intoxicated Uber driver accident protocol - akd law

Pursuing Compensation After a Rideshare Accident

Types of Compensation Available

If you were injured in an accident caused by an intoxicated rideshare driver, you may be entitled to compensation for medical bills, lost wages, emotional distress, and more.

Navigating Insurance Claims and Legal Complexities

Handling insurance claims after a rideshare accident can be complicated, especially if both the driver’s personal insurance and Uber or Lyft’s policies are involved. A lawyer can help navigate this process and maximize your compensation.

When to Consult a Personal Injury Lawyer

If you’re struggling to get the compensation you deserve, it’s a good idea to consult a personal injury lawyer who specializes in rideshare accidents. They can guide you through the process and fight for your rights.

FAQs About Liability in Rideshare Accidents

Can I Sue Uber or Lyft Directly for My Injuries?

In some cases, yes. However, liability depends on whether the driver was logged into the app at the time of the accident.

What Should I Do if I Suspect My Driver is Intoxicated During the Ride?

End the ride immediately, report the driver to the rideshare company, and contact the authorities.

Will Uber or Lyft Cover My Medical Bills After an Accident?

Uber and Lyft’s insurance policies may cover medical bills if the accident occurred during a ride.

What Type of Insurance Should Rideshare Drivers Have?

Rideshare drivers must carry personal insurance, but Uber and Lyft provide additional coverage during rides.

Conclusion

Accidents involving intoxicated Uber or Lyft drivers are complicated, but understanding liability is the first step toward getting fair compensation. Whether it’s the driver’s fault, the rideshare company’s, or a combination of both, having the right information will help you navigate this challenging situation.

If you or a loved one has been involved in an Uber or Lyft accident, don’t hesitate to seek legal help. Contact AKD today at 504-618-1638 or online for a free consultation. You deserve to have someone in your corner, fighting for your rights.

In 2003, after being dissatisfied with the quality of legal care for victims of car accidents, Roderick ‘Rico’ Alvendia sought to establish a new firm focused on providing high-quality legal services to aid injured victims and their families. J. Bart Kelly, sharing Rico’s passion for upholding justice, joined the firm later that year, and established a partnership.

  • They helped me with every need possible. The back issues I had could have been much worse if they didn’t step in and help me. Bart, Megan, and all the people that work for this legal team are amazing. I would recommend them to anyone. Thank you all for helping me each step of the way. I can’t thank these people enough.

    - T. Gibson-Warren

  • I want to thank the whole team for all your help and persistence with my settlement. I truly appreciate.

    - A. Alfortish

  • Great experiences every time I need you guys. I always recommend your firm.

    - W. Young

  • Bart and his team were wonderful to work with. It was clear that their vision and determination to fight for our case, is why we were able to reach a settlement, where my previous attorney was not.

    - C. Perez

  • Bart Kelly and his legal team reevaluated my case after another attorney backed away from a legal challenge, I just want to say Thank You to mr kelly and his team for the hard work and dedication to my case to make it successful . Thank You

    - N. Gex

  • Attorney Kelly is an impeccable attorney. He has represented me extremely well. I was very, very, very pleased with the outcome of my settlement. He’s highly recommended … to give assistance to anyone. I thank him for his services and I’m super elated over the way he handled the case. He is a phenomenal lawyer.

    - S. Spears

  • I’ve learned the importance of having good coverage insurance, thanks to Mr. Kelly explaining everything to me. We do not hope or wait for accidents, but rest assured that I will call Mr. Kelly again if I need his services. Thank you.

    - Ann Zimmer

  • Being represented by Mr. Kelly and his legal team was a very awesome experience. They were very patient and they worked really hard in resolving my case. I would most definitely refer them to all my friends and associates. Thank you very much.

    - Nathaniel Bonney

  • I am very grateful for Mr. Bart’s assistance. He was very professional and fair. I never felt like a client with him. I always felt like a close friend. Also, I would like to thank everyone in the office for being friendly, kind, and for helping me.

    - Glac Mantuso

  • Just want to say thanks a lot because I received way more than I expected. You guys did a wonderful job of getting the max for myself and my family. Everyone I met or spoke to on the phone was really professional and nice. Once again, thanks a lot.

    - Jessica Quinn

  • J. Bart Kelly is the best attorney I have ever met. He is intelligent, caring, understanding, and knows how to protect his clients. I love his strong take-charge attitude to fight for what is right.

    - Teri Haas

  • My lawyer took the time to explain everything in a clear and concise manner. I’ve been treated fairly and with the utmost respect. I am very appreciative of all of the staff at AKD for their services.

    - James Barber

  • I am grateful for the way that my case was handled. Thanks.

    - Darryl Hill

  • Thanks to Bart and Meg. Fantastic group of people and team. Love you guys.

    - Claudine Hope

  • I was involved in a terrible accident and had a lot of serious injuries. I was so happy that Bart (and his team, including his nurse paralegal) was my attorney. The results were much more than expected as far as the settlement. Thanks.

    - Karen Bourgeois

  • I received exceptional service from the law office of Bart Kelly. He is a great attorney who cares about what you are going through, and I am very pleased with the outcome.

    - Melissa Sanchez

View all
SCHEDULE A FREE CONSULTATION