Catastrophic Uber and Lyft Crashes in Maine

By Attorney Elizabeth Kayatta

Rideshare companies have rapidly expanded across Maine, putting an increasing number of app-based drivers behind the wheel when catastrophic collisions occur. It’s more important than ever to take an aggressive stance when going up against rideshare conglomerates like Uber and Lyft when serious injuries have occurred in a crash. Berman & Simmons has developed the expertise to handle these types of complex cases involving devastating injuries.

Regulation of Uber and Lyft in Maine

Maine law classifies Uber, Lyft, and other rideshare apps as “Transportation Network Companies.” 24-A M.R.S. §7302. State law sets minimum requirements for rideshare companies that operate in Maine, including an annual operating permit and proof of insurance coverage, but in practice these laws do not provide much practical protection to customers using the apps, or to the victims of serious crashes involving Uber or Lyft vehicles.

Bare-Bones Safety Requirements for Rideshare Drivers

Uber and Lyft market themselves to customers as a safe and easy way for people to find a ride wherever they are going. But in reality, rideshare companies do little to ensure the safety of Uber and Lyft rides.

In Maine, Uber and Lyft only require a driver have 1 year of experience as a licensed driver in the United States. Rideshare companies assure customers that all their drivers have gone through background checks, but these cursory checks generally disqualify only the most extreme and outrageous safety offenses. They typically allow drivers who have as many as three recent moving violations on their record, such as speeding, running a red light, illegal U-turns, or distracted driving. Uber and Lyft also generally allow drivers who have had major motor vehicle violations more than 3-7 years ago—including convictions evading the police, reckless driving, or driving on a revoked license.

Lax Vehicle Safety Standards for Uber and Lyft Cars

Uber and Lyft likewise set extremely lax safety standards for the vehicles used to operate on their apps in Maine. Drivers are allowed to operate vehicles that aren’t registered in their own names, such as borrowed or rented vehicles. Vehicles are not required to have ride or rear airbags to protect passengers. Other than the same annual inspection requirement that all cars go through in Maine, there is no required vehicle inspection—meaning Uber and Lyft rides may be carried out in vehicles that are poorly maintained or have unsafe brakes and tires.

Uber and Lyft App Use Puts Distracted Drivers Behind the Wheel

Driving for Uber and Lyft requires use of a smartphone throughout the ride, which these rideshare companies encourage drivers to mount on their dashboards for ready access. As anyone who has ever ridden in an Uber or Lyft will know, these apps are frequently buzzing, beeping, and flashing with notifications for the drivers, such as route suggestions, and new ride assignments. What customers may not realize is that drivers are penalized for not responding to certain notifications quickly enough, which creates an environment of constant distractibility. Uber and Lyft do not prohibit drivers from talking on the phone or using other apps while driving.

Uber and Lyft Aggressively Oppose Liability for Crashes

When a crash occurs with an Uber or Lyft ride, these rideshare companies will aggressively oppose legal liability for the injuries sustained in the collision. They attempt to disavow responsibility for the drivers they approved and assigned to customers, claiming they are “independent contractors” for whom the company is not liable. In some instances, Uber and Lyft have sought to bar injured passengers from filing lawsuits due to arbitration clauses buried in the fine print of the app’s terms and conditions.

Taking on a rideshare conglomerate like Uber or Lyft requires an in-depth understanding of personal injury and insurance law. Any personal automobile insurance policy carried by the individual driver will almost always deny coverage, as most every auto policy these days contain rideshare-exclusion clauses that prohibit their insureds from driving for companies Uber or Lyft. It’s also not uncommon for the rideshare companies themselves to try to limit insurance coverage depending on the “phase” of the ride that the driver was in (e.g., unassigned to a ride, on route to pick up location, or traveling from pickup location to final destination).

Screening for Signs of Uber or Lyft Involvement

When a catastrophic crash occurs, the at-fault driver may be reluctant to reveal at the scene that he or she was driving for Uber or Lyft (because as described above, most personal auto insurance policies will not cover a loss if the driver was driving for a rideshare app). So while any passengers in the Uber vehicle will know that a ride was underway when the crash occurred, it’s not always so clear for the occupants of the other vehicle.

There are a number of signs you can look for that may be indicators the at-fault driver was operating for Uber, Lyft, or other rideshare app at the time of the crash:

Was a smartphone mount installed? While these are certainly used by non-rideshare drivers, they are extremely common for Uber and Lyft drivers.
What was the layout of passengers in the vehicle? The police report will usually show where each vehicle occupant was sitting at the time of the crash. With Uber and Lyft rides, it’s common for the front passenger seat (next to the driver) to remain empty.
Were there any branded decals or stickers on the vehicle (or residue where one might have been peeled off)? Uber and Lyft typically provide branded stickers for drivers to place in the windshield, rear window, and/or side windows. Reviewing crash scene photos and/or dashcam footage for signs of these can help identify rideshare drivers.
How was the front passenger seat positioned? Many Uber and Lyft drivers keep the front passenger seat pushed as closely as possible to the dashboard to give the passenger behind as much legroom as possible in the backseat.
Were there charging cables plugged in for the backseat? Oftentimes, Uber or Lyft drivers will provide passengers in the backseat with USB cables as an amenity to charge their phones during the ride.
Are there signs of any connections between driver and passengers? Social media and the internet can be a good resource to help screen for any connections between the at-fault driver and the passengers in his or her vehicle. If there is no indication online that these people knew each other, it may be a sign that they were connected by a rideshare app like Uber or Lyft.

Any one of these factors can be a red flag suggesting Uber or Lyft involvement, and should signal that careful investigation is needed before attempting to resolve a claim involving catastrophic injuries.