How a Marksville Lyft Accident Lawyer Can Help

News reports indicate that Lyft accidents are becoming more common, and everyday people just like you get harmed. In March 2021, a Lyft driver was injured after being rear-ended by an allegedly drunk driver speeding. The driver needed emergency surgery to fix a titanium plate and four screws in his neck.

Several months after this ill-starred incident, this full-time Lyft driver resided in a special spinal-cord injury rehab center in Colorado. He needed to wear neck, hands, and knee braces but regained some feeling. At the time, the news article mentioned there was no assurance that this man would ever walk again.

If something similar happens to you or a family member, you may wish to hold someone accountable. Apart from the many rounds of treatment, the victim will be out of work and possibly not earning any income to support their family. A Marksville Lyft accident lawyer can help you file a compensation claim and get restitution for various damages from Lyft and any other responsible party.

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Essential Tasks of an Accident Lawyer

Following your Lyft accident, you could have psychological or physical harm due to careless action or sheer negligence by the at-fault entity. A personal injury lawyer can help you with the following duties:

  • Review your case and inform you if there’s a chance to get compensation, what the process would entail, and what other recourses are available
  • Investigate the cause of the crash by hiring an accident expert to recreate the scene and researching the company’s safety record for vital clues to aid your case
  • Gather pertinent evidence, like the police report, photographic representation of the actual accident scene, and witness statements
  • Defend your civil rights and give sound legal advice, particularly in the face of bullying or other unsavory tactics by the defendant
  • Compile a claim and present it to the lawyers of the defendant, even if your case is complex and involves multiple defendants
  • Negotiate with the other side to reach an agreeable settlement and litigate in court if both sides cannot agree
  • Be your sounding board and keep you posted as the legal process unfolds

Lyft’s Safety Record and Insurance Policies

Despite having launched operations a decade ago, Lyft only released its inaugural safety report in October 2021. The 16-page document covered the company’s safety measures, including before, during, and after rides. There were 22, 34, and 49 automobile deaths in 2017, 2018, and 2019 respectively. While these incidences are much lower than the national average, users have a right to be concerned for their safety when using Lyft.

Like its industry challenger Uber, Lyft’s insurance agreement covers the drivers during Periods 2 (when you accept a ride) and 3 (when a passenger enters the car) only. Drivers have up to $1 million for both limited liability and uninsured or underinsured motorist injury during Periods 2 and 3.

This insurance stipulation means drivers have no accident coverage when logged into the app and waiting for requests (Period 1). Circling back to the injured Lyft driver, insurance would cover surgery, rehabilitative services, and any other relevant expense.

car post crash

Understanding Duty of Care and a Reasonable Person

If the accident were caused by a Lyft driver’s actions, mechanical failure, or even poor road maintenance, your legal team would be keen to establish negligence. We will prove there was a legal duty of care as per the reasonable standard in a situation to accomplish this feat.

Establishing negligence also requires pinpointing a reasonable person. In legal terms, a reasonable person is anyone who must exercise a duty of care based on three elements:

  • Knowledge of the situation
  • Training in the situation
  • Perception of the situation

The law stipulates that injury must have two elements: bodily harm (or death), and property damage.

What Is the Hand Formula?

This landmark case forms the premise of determining a breach of reasonable care. The court applies the Hand Formula, which was formulated by Judge Learned Hand during litigation for United States v. Carroll Towing.

If B < (less than) PL, then the reasonable entity has negligence liability for failing to take the necessary precautions. See the formula key:

  • B=burden of taking precautions
  • P=probability of loss
  • L=gravity of loss (gravity of the personal loss, not social loss)

Suing for Wrongful Death

In worst-case scenarios, people die right after an accident or succumb to injuries while receiving treatment. Your legal counsel can help you sue Lyft for losing a loved one, even when their driver caused the crash.

Similar to other personal injury claims, the challenge here is showing the fault or unlawful actions. You must prove that the Lyft driver negligently or intentionally triggered the accident that caused death. As you can see, the overarching difference between these options is intent.

Losing someone in this manner evokes a whirlwind of emotions, and you may be too distraught to understand your legal options. It’s your lawyer’s job to aptly prove that negligence caused the crash, subsequently killing your loved one.

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I just want to say that Kelby is a wonderful Attorney and will do what ever it takes to make sure you are taking care of. And his Team of Paralegal's, Amber, Toni, Debbie, Alana & Erica are absolutely amazing. You couldn't have ask for better. And to Rachael, she was so sweet the other day when I needed some information about when my advance was going to be ready. Thank you Laborde Earle's Law Firm for always being the Best.

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Contact Laborde Earles Injury Lawyers for Legal Counsel

Lyft accidents can leave you with untold suffering months or years after the ordeal. Determining responsibility and injury is a painstaking process that often entails hiring a Marksville Lyft accident lawyer to give our professional opinion on crucial matters.

Laborde Earles Injury Lawyers know how to help you win the financial recovery you deserve. Contact us for a free consultation and legal counsel.

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