Can You Sue A Rideshare Service For A Drunk Driver?
Posted on: 14 July 2023
Were you injured by a drunk driver who was working for a rideshare service? Here's what you should know about suing the rideshare service.
Vicarious Liability
In cases involving a drunk driver working for a rideshare service, the concept of vicarious liability comes into play. Vicarious liability is a legal rule that says employers are responsible for the actions of their employees when those actions occur within the scope of their employment.
When a rideshare driver causes a drunk driving accident while actively working or transporting a passenger, the rideshare company may be held accountable for the resulting damages. This legal theory allows victims to seek compensation from the deeper pockets of the rideshare service, which typically has greater financial resources compared to individual drivers.
Driver Status
Determining the driver's status at the time of the accident is crucial in holding a rideshare service responsible for a drunk driver's actions. Rideshare drivers are generally independent contractors instead of employees of the rideshare company.
If the driver was working within the scope of their employment during the accident, such as actively using the rideshare app or transporting a passenger, it may be possible to argue that the rideshare company bears some liability for the accident. This determination relies on the case's specific circumstances and may require thorough investigation and gathering of evidence.
Who Can Sue
When suing a rideshare service for a drunk driver, it's important to consider who can file a lawsuit. Both other drivers on the road and passengers of the rideshare driver may have legal grounds to pursue a claim.
Other drivers who have been involved in a drunk driving accident caused by a rideshare driver may have the right to sue the rideshare service. They can seek compensation for damages, including medical expenses, property damage, lost wages, and pain and suffering. By demonstrating that the rideshare driver was negligent or under the influence at the time of the accident, other drivers can hold the rideshare service accountable for its driver's actions.
Passengers who were injured in a rideshare vehicle due to a drunk driving accident also have the right to sue the rideshare service. Passengers rely on the rideshare service to ensure their safety and should not be subjected to harm caused by an intoxicated driver. By filing a lawsuit, passengers can pursue compensation for their injuries, medical bills, and any other losses suffered as a result of the accident.
For more information, contact a drunk driving accident lawyer near you.
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