1. Driver Negligence: The first step is to evaluate the actions of the Lyft driver at the time of the accident. If the driver was negligent — for example, by speeding, driving under the influence, or failing to follow traffic signals — they may be directly liable for the accident. Your lawyer will gather evidence such as police reports, witness statements, and traffic camera footage to establish the driver’s negligence.
2. Company Liability: In certain situations, Lyft as a company may also be held liable for the actions of its drivers. This can occur under the legal principle of “vicarious liability,” which holds employers responsible for the actions of their employees when those actions occur in the course of their job. If the driver was actively engaged in rideshare activities — such as queuing for a potential passenger, in transit to pick up a passenger, or transporting a passenger  — Lyft, and its insurer, may share liability for the accident.
3. Third-Party Negligence: It is also essential to consider whether other parties contributed to the accident, such as another driver or entity (e.g., a malfunctioning traffic signal or poorly maintained roadway). A thorough investigation by your attorney can identify all liable parties, maximizing your chances for full compensation.

Deciding whether to sue Lyft directly depends on various factors, including:

• Nature of the Accident: If the Lyft driver was negligent while waiting for a passenger, in transit to pick up a passenger, or transporting passengers, you may have grounds to sue Lyft.
• Insurance Coverage: If the driver’s personal insurance is insufficient to cover your damages, or excluded, a claim against Lyft’s commercial insurance may be your only remedy.
• Company Policies: Lyft’s policies regarding liability and insurance can influence whether you can pursue a claim against them.

• Missouri: Personal injury claims must be filed within five years of the incident.
• Kansas: A shorter window of two years applies, necessitating prompt legal action.

• Missouri follows a pure comparative fault system, meaning that an injured party’s compensation will be reduced by their percentage of fault. For example, even if a victim is found to be 99% responsible for their injury, they can still recover 1% of the amount awarded.
• Kansas follows a modified comparative fault rule, where victims can only recover damages if they are found to be less than 50% at fault for their injury.

Economic Damages – financial losses that can be objectively verified, such as:

• Medical bills: The total cost of hospital stays, doctor visits, physical therapy, medications, medical devices, etc.
• Lost wages: Income lost due to inability to work during recovery and treatment. Calculate based on your salary and the time missed.
• Future lost earning capacity: If injuries will impact your ability to work in the future, the lost value of your diminished earning potential. An economic expert can help calculate this.

Non-Economic Damages – more subjective losses, including:

• Pain and suffering: The physical discomfort and emotional distress resulting from injuries. Difficult to put an exact price on but can be a significant portion of a settlement.
• Loss of enjoyment of life: Inability to participate in hobbies, social activities and daily tasks that previously brought you joy and fulfillment.
• Permanent disability or disfigurement: Any lifelong impacts to physical functions, mobility, senses or appearance. Even with treatment, these effects remain.

Both Missouri and Kansas do not have a cap on economic or non-economic damages in most personal injury cases. However, Missouri imposes a cap on non-economic damages in medical malpractice cases, and there are arguments in Kansas for potential application of caps in wrongful death cases, which can limit compensation for pain and suffering.

This period has been an area of great conversation because it was initially considered a “gap” in which there was no insurance coverage. In some states, this may still be the case.

If a Lyft driver causes a collision with another vehicle during Period 1, generally the driver’s personal insurance provider would deny coverage since the vehicle was being used for a business purpose.

Likewise, Lyft may not provide coverage since the driver does not yet have a passenger. Fortunately, states are beginning to pass laws requiring ridesharing companies to procure insurance coverage during Period 1, typically for a reduced coverage amount around $50,000 per person.

For now, it is important to note that if you don’t live in a state that requires Lyft drivers to provide insurance during Period 1, you would have to turn to your own insurance company for “uninsured motorist coverage” (or UM).

Your health should be your top priority. After an accident, it is essential to seek medical attention, even if you feel fine. Some injuries may not be immediately apparent, and a medical professional can assess your condition and provide documentation of your injuries, which is vital for your claim.

Gathering evidence at the scene of the accident can strengthen your case. Take photographs of the accident scene, the vehicles involved, and any visible injuries. Collect contact information from witnesses, and make a note of the Lyft driver’s details, including their name, license plate number, and any relevant rideshare information.

Notify the appropriate parties about the accident. This includes reporting the incident to Lyft through their app or website, as well as filing a police report if required. A formal report can provide an official account of the accident, assisting in the determination of liability.

Given the complexities of rideshare accident claims, consulting with an experienced attorney is vital. They can help you understand your rights, identify liable parties, and navigate the intricacies of insurance claims. Your lawyer will gather evidence, assess damages, and build a strong case on your behalf.

Establishing liability is critical in a Lyft accident claim. Depending on the circumstances, multiple parties may share responsibility, including the Lyft driver, Lyft as the company, other drivers, or even third-party maintenance providers. Your attorney will investigate the accident, gather evidence, and work to establish who is liable for your injuries.

Once you have gathered sufficient evidence and established liability, your attorney will help you file a claim with the appropriate insurance company. This may involve negotiating with Lyft’s insurance, which can be complex due to the unique nature of rideshare liabilities.

After filing your claim, the insurance company may present a settlement offer. Your lawyer will negotiate on your behalf, ensuring that the offer accurately reflects the extent of your injuries, medical expenses, lost wages, and pain and suffering. If a fair settlement cannot be reached, your attorney may recommend pursuing litigation.

If negotiations do not yield a satisfactory outcome, your attorney may file a lawsuit. This process involves submitting legal documents to the court and potentially going to trial. Your lawyer will represent your interests, present evidence, and argue your case before a judge or jury.

If successful, you will receive compensation for your injuries and damages. This may include medical expenses, lost wages, rehabilitation costs, and compensation for pain and suffering. Your attorney will work to ensure that you receive the compensation you deserve.