Family of Lyft Rider Files Lawsuit After Driver Kicked Passengers Out of Car on Busy Highway

The family of a man who was killed after a Lyft driver ordered 6 passengers out of her vehicle has filed a wrongful death lawsuit against both the driver and Lyft related to the accident. According to the lawsuit, an argument broke out between the driver and the passengers when they asked the driver why she had an unrestrained 5-year-old child in her vehicle while taking passengers. According to the lawsuit, the driver became angry at being questioned and ordered all the passengers out of the vehicle. Her SUV had a broken door on the driver’s side of the car which forced the passengers to exit the vehicle on the passenger side. One of the passengers, the first one out of the vehicle, exited the SUV into oncoming traffic and was promptly struck by another vehicle on the highway. The family blames the Lyft driver for his death and is hoping to hold both the driver and Lyft accountable for his death.

Duty of care in Lyft accidents 

A driver has a duty of care to ensure all their passengers are safe when getting out of the vehicle. In this case, the driver stopped along a busy stretch of dark highway to order the passengers out. In a case like this, the driver could be held liable for failing to ensure that her passengers were safe before exiting the vehicle. It doesn’t help that the driver of the Lyft left the accident scene even as the other vehicle that struck the driver remained inside.

Suing Lyft for these sorts of accidents is complicated. Lyft drivers are not considered employees of the company, but rather independent contractors. That means that the legal doctrine of respondeat superior doesn’t necessarily apply. Respondeat superior refers to a situation in which an employer is held liable for the conduct of their employee vicariously. In other words, you wouldn’t have to prove that the employer did anything wrong to hold them liable. They and their employees act as one entity. The same cannot be said regarding Uber and Lyft accidents.

In these cases, Lyft or Uber could be held liable, but the plaintiff must establish that they were negligent in the hiring of the driver or otherwise contributed negligence to the accident.

This is obviously a strange accident, but it isn’t the only time a rideshare company has been sued for forcing a passenger out of a vehicle in a dangerous location. Uber was also sued after one of their drivers forced passengers out of the vehicle after they became sick. The passenger was drunk at the time of the accident and was subsequently struck by a car after being kicked out of the vehicle.

Talk to a Maryland Uber and Lyft Accident Attorney Today 

If you have been injured in a rideshare accident, call the Baltimore car accident attorneys at Furman | Honick today. We can help you recover damages related to your injuries or file a wrongful death lawsuit on behalf of your family.

Source:

nbcwashington.com/news/local/loved-ones-sue-after-maryland-man-kicked-out-of-lyft-is-struck-killed-court-docs/3437476/