Lyft Accident Lawyer Near Me

Lyft drivers are often Charleston locals using their personal vehicles to take advantage of the city’s thriving tourism industry. Because Lyft accidents do not practically differ from traditional motor vehicle collisions, you may be asking yourself why you need an experienced Lyft accident lawyer near me law firm. This has to do with the underlying legal challenges associated with how transportation network companies such as Uber and Lyft pay their drivers and the limits private auto insurers place on commercial driving activities. 

Joe Cunningham knows how to parse the complicated laws surrounding liability that come up in Lyft accident cases. Don’t trust just any accident lawyer based in Charleston. Trust someone who has experience fighting for accident victims and representing the best interests of South Carolinians while in Congress.

To schedule a free and confidential consultation with our trusted Lyft accident lawyer near you, contact our Charleston law office online or call us at (843) 633-3360.

The Difference Between Lyft and Professional Taxi Services 

Before Lyft and its competitors came onto the scene, Charleston tourists needing transportation asked a friend, used public transportation, or hired a taxi. 

Hiring Taxis and Limos in Charleston 

South Carolina law requires both taxicabs and their drivers to have specialized public convenience certificates and Chauffeur’s licenses. Additionally, taxis and limos in Charleston are required to operate with special taxi license plates and carry commercial liability insurance.  

Scheduling Rides with Lyft 

Rideshare companies such as Uber and Lyft work differently. Lyft considers itself a technology company that provides a digital platform (the Lyft app) connecting local riders and drivers in Charleston. In exchange for making these connections and providing payment services, it takes a portion of the driver’s earned transportation fee. 

Lyft drivers generally use their personal vehicles to provide these services as independent contractors (1099s) and do not carry a Chauffeur’s license or commercial taxi insurance. This structure was intentionally designed to protect Lyft from being sued for rideshare accidents. It also creates significant legal problems for rideshare crash victims. For this reason, you need an experienced Lyft accident attorney near you to handle injury claims involving a rideshare driver. 

Options for Holding Lyft Drivers Liable for Accidents and Injuries

Our experienced Lyft accident lawyers fight to hold negligent parties accountable for serious collisions, but this requires extensive knowledge of the following complicated rideshare insurance and liability laws. 

Traditional South Carolina Insurance and Liability Laws 

In traditional car accident cases, the negligent driver and/or vehicle owner is legally liable for your injuries. This is still true in Lyft accident cases, but most drivers work for Lyft to supplement their limited income. You cannot generally recover the damages needed to compensate you for serious injuries directly from the liable rideshare driver. 

For this reason, South Carolina requires private drivers to carry bodily injury liability insurance of at least $25,000 per person ($50,000 per accident) to cover injuries resulting from common car crashes.

Although Lyft drivers cause the same accidents with the same standard vehicles, personal auto insurance policies disclaim liability for injuries caused when personal vehicles are being used as taxis in Charleston. This impacts Lyft drivers, passengers, other vehicles, and pedestrians involved in rideshare crashes. However, our lawyers might still be able to recover damages from the liable non-rideshare driver if he or she caused the Lyft accident. 

Employer/Employee Liability Laws 

When you hire a taxi driver, they are generally employed by a transportation company. Traditional vicarious liability laws allow experienced car accident attorneys to hold employers directly liable for their employees’ negligence. However, Lyft and Uber specifically designed their system to avoid taking legal responsibility for drivers’ negligence by making them contractors and not employees. 

The South Carolina Transportation Network Company Act

In response to these legal barriers, South Carolina passed the Transportation Network Company Act (TNCA). This complex legislation gives dedicated client-first attorneys the legal standing they need to demand high-value insurance compensation from Lyft-sponsored commercial insurance policies. However, rideshare insurance coverage isn’t easy and requires a Lyft accident lawyer near you who can interpret and apply legislation. Joe Cunningham is who you need, and he’s on your side.

Direct Rideshare Company Liability 

In some cases, Joe Cunningham and his team can hold Lyft, Uber, or other rideshare companies directly liable for injuries sustained due to TNCA violations. Direct liability might trigger additional insurance coverage, maximizing the value of your rideshare crash claim. Only an experienced rideshare accident attorney can analyze the compensation and insurance coverage available to you after crashes involving a Lyft. 

Applying the TNCA to Charleston Lyft Crashes 

The Transportation Network Company Act addresses both rideshare safety concerns (such as driver and vehicle fitness) and TNC insurance requirements. Our dedicated Lyft injury lawyers will analyze your case to identify available insurance coverage and, if necessary, hold Lyft directly liable for your injuries. The amount of insurance available in your rideshare accident case depends on the rideshare driver’s status when the accident occurred. This falls into one of three categories: 

Not Online

Because rideshare drivers use their personal vehicles, traditional South Carolina car accident insurance laws apply if the driver was not logged into the Lyft application when the crash occurred. Our car accident legal professionals might still help you recover insurance compensation in these cases, but they are not considered Lyft accident cases.

Logged On (Not Engaged)

Most rideshare drivers log into the associated Lyft or Uber application when they’re available to provide rides. Much of their chosen shift consists of waiting for tourists to request a ride to or from Old Town, the French Quarter, the Harbor, or the Charleston Airport. If a Lyft driver strikes you while he or she is logged onto the application but is not actively engaged in providing services, the TNCA requires Lyft to provide at least $50,000 in bodily injury coverage per person ($100,000 per accident). This is twice the standard insurance minimum. Further, this insurance policy must include uninsured motorist coverage in the event a local Lyft driver is injured in a hit-and-run. 

Actively Providing Lyft Services 

From the time a Lyft driver accepts a ride request until the moment the passengers exit the rideshare, Lyft must provide $1 million in liability and uninsured motorist coverage for the following negligently injured parties: 

• Lyft user (requestor) 
• Rideshare driver 
• Passengers/guests of the Lyft user 
• Pedestrians 
• Other drivers 
• Passengers in other vehicles

This insurance primarily covers injuries occurring due to rideshare driver negligence, but the uninsured motorist coverage might also protect the Lyft driver in a hit-and-run. If you were injured during a rideshare or by a driver displaying any lighted Lyft or Uber sign, you may be entitled to significant financial damages.

The rideshare injury team at Joe Cunningham Law works with digital technology specialists to determine the driver’s official status when the accident occurred. Lyft is required to record and keep this information for at least three years. 

Holding Lyft Directly Liable for Injuries in Charleston  

The TNCA also requires rideshare companies to thoroughly investigate potential drivers and ensure Lyft vehicles comply with certain safety standards. These requirements include the following: 

• Driver Age and Identity Checks: Lyft drivers must be at least 21 years old and hold a valid driver’s license in their state of residence. 
• 10-Year Driving Record Check: Lyft must request and review the driver’s 10-year driving record from his or her state of residence. 
• Local and National Criminal Background Check: Rideshare companies must use a third-party to run a local and national criminal background check for each applicant, which means before the driver begins operating for Lyft. 
• Check the National Sex Offender Registry: The TNC’s background check must include a detailed review of this registry. 

Importantly, Lyft must verify that its South Carolina drivers meet these safety standards each year and keep these records on file for at least three years. They are not permitted to allow drivers to operate for them if they have certain criminal and driving convictions, such as a DUI. 

Our client-first legal team will comb through these records to determine whether any safety violations caused your Lyft accident, such as allowing a driver to use the Lyft app with a negative criminal or driving history. This might also include reviewing certain passenger reviews. Reviews suggesting that a driver might have been operating under the influence of drugs or alcohol or made unwanted sexual advances might support direct liability claims against Lyft. 

Obtaining Damages for Injured Lyft Drivers in Charleston 

Lyft drivers are just as likely to suffer from serious car accident injuries as rideshare passengers, including: 

• Traumatic brain injuries 
• Paralysis
• Slipped discs 
• Fractures 
• Burns 
• Whiplash 
• PTSD
• Amputations 

Available insurance coverage generally depends on liability. If you were injured by an uninsured driver while actively providing rideshare services, Lyft’s $1 million uninsured motorist coverage may apply. Injuries caused by negligent third-party drivers generally go through that driver’s liability insurance policy. 

Charleston’s tourist industry makes rideshares like Lyft essential. Rideshare services also add to the local economy. Our Charleston Lyft accident lawyers help drivers and passengers recover damages following serious collisions. You can count on Joe Cunningham Law to be on your side.

Estimating the Value of Your Lyft Accident Claim

Once our experienced rideshare injury lawyers identify the active auto insurance policy, these cases proceed similarly to standard auto accident claims. This means our Lyft accident lawyer near you can help you demand all available bodily injury and related damages after a crash, including the following: 

Lost Wages and Benefits 

If your injury prevents you from working or reduces your earning capacity, we might demand the value of these damages during settlement negotiations. This might include any lost income, business opportunities, promotions, and workplace benefits. It might also include the lifetime value of your overall lost earning capacity. 

Medical Expenses 

Eligible claimants are entitled to demand all necessary and reasonable medical expenses related to their Lyft accident injury. These might include the following: 

• Ambulance/Medivac
• Emergency room expenses 
• Hospital and nursing costs 
• Surgeries 
• Doctors’ bills 
• Rehabilitation
• Chiropractic care 
• Medications and medical equipment 
• Medical transportation 

We work with dedicated medical experts at Joe Cunningham Law to calculate the full value of your anticipated medical needs and ensure a fair settlement. 

Non-Economic Losses

Though not tied to concrete financial losses, non-economic damages compensate claimants for the emotional distress and pain associated with serious rideshare injuries. This may include claims for emotional suffering, physical pain, discomfort, inconvenience, lost enjoyment of life, and frustration.

Spouses might also demand loss of companionship damages under South Carolina law (S.C. Code § 15-75-20). Pain and suffering damages are often calculated based on the seriousness of your injuries and their impact on your overall quality of life. We recommend keeping a journal highlighting the emotional and physical struggles associated with your accident-related trauma.

Benefits of Retaining a Lyft Accident Injury Lawyer Near You 

The Charleston Peninsula’s unique geography and booming tourist industry make it a hotspot for rideshare drivers throughout the state. Due to the TNC laws applicable to Lyft crashes in Charleston, you need a local attorney familiar with the city’s dangerous roadways and South Carolina’s rideshare insurance laws.

Not every personal injury law firm is equipped to take on major techn companies such as Uber and Lyft, but Joe Cunningham Law is not like other law firms. Our background in legislation and client advocacy gives us the edge when standing up to corporations and doing what’s right for the people of Charleston.

Contact Our Experienced Charleston Lyft Accident Lawyer Near Me Law Firm

At Joe Cunningham Law, we will fight tirelessly for all people harmed in rideshare crashes. Our team will work your case on a contingency fee basis, meaning you don’t pay unless we win. Focus on healing, and we’ll focus on your case. To request a free consultation with our experienced Lyft accident lawyer near me law firm, contact our Charleston law office today. You can also reach us by phone at (843) 633-3360.