Sure, the convenience of rideshare services like Uber and Lyft has become an indispensable part of city life. However, what happens when that convenient ride turns into a terrifying ordeal because you realize that an impaired or drunk rideshare driver is behind the wheel? While this is not a pleasant thought, it’s an unfortunate reality that some passengers have to face.
In New York, with its constant movement and reliance on rideshare services, understanding your rights and knowing what to do in such a situation is crucial. Here, you will learn how to recognize the signs of an intoxicated driver, what to do if your rideshare driver is drunk, and how to sue Uber or Lyft for a drunk driver accident.
Recognizing a Drunk Rideshare Driver
While you might dismiss initial red flags, thinking it’s just a bad driver or a rough patch of road, you must trust your instincts when it comes to identifying a drunk or impaired rideshare driver. Here are some tell-tale signs that your driver might be driving while intoxicated.
- The smell of alcohol. Whether faint or overwhelming, the smell of alcohol on a driver’s breath or in a vehicle can be an indicator of the driver being under the influence.
- Erratic driving. If your driver is swerving, drifting between lanes, stopping or accelerating abruptly, tailgating other vehicles, or having trouble maintaining a consistent speed, you might have enough reason to be wary.
- Failure to follow traffic laws. Running red lights, ignoring stop signs, or speeding excessively are all serious signs of impairment.
- Slurred speech or incoherent communication. Slurred speech, as well as trouble articulating words or understanding simple directions, can serve as warning signs.
- Bloodshot/glazed eyes. Bloodshot or glazed eyes, while not always definitive, may suggest intoxication if coupled with other signs.
- Unusual behavior or demeanor. Some intoxicated rideshare drivers might appear overly aggressive, jovial, subdued, or disoriented.
- Difficulty with basic tasks. If you find your driver having trouble handling simple tasks like pulling out of a parking spot or merging into traffic, coupled with hesitation, overcorrection, or outright fumbling, it can be indicative of impaired judgment and motor skills.
It’s important to differentiate between an intoxicated driver and someone who might simply be tired or distracted. However, when multiple signs stack up, the alarm bells should be ringing loudly. After all, your safety is not worth gambling on a maybe.
What to Do If Your Rideshare Driver Is Drunk
If you have a feeling that you’re in a car with a drunk rideshare driver, your safety should become your priority. For starters, you must stay calm and try to think clearly. Then, you may follow this approach.
Assess the Situation and Your Exit Strategy
If you’re at a red light or if the car is stationary for any other reason, and you feel safe to do so, discreetly unlock the door and exit the vehicle, and get to a safe public place immediately. Don’t attempt to jump out of a moving vehicle because it could lead to severe injury or death. Your goal should be to get the driver to stop safely.
Communicate Carefully
If you need to communicate, do so calmly and assertively, but avoid confrontation. You should ideally avoid accusations like, “You’re drunk!” as this could make the driver defensive or aggressive. Instead, you may say something like, “I’m feeling unwell, I need to get out at the next safe stop,” or “I’ve changed my mind about my destination, please pull over when it’s safe.”
Use the Rideshare App’s Safety Features
If you haven’t already, share your trip details with a friend or family member. They can track your location and be aware of the situation. In addition, Uber and Lyft apps have an emergency button that connects you directly to emergency services. You may use it if you feel your life is in immediate danger and you cannot exit the vehicle safely.
Gather Evidence
When doing so, it’s best to be as subtle as possible. For instance, you can get the driver’s name and vehicle information from the app in question. It helps to make a mental note of your driver’s appearance and behavior while focusing on the specific signs of intoxication you observe.
If you can create a video or audio recording without drawing attention to yourself and escalating the situation, it can serve as powerful evidence. When it comes to recording laws in public spaces and private conversations, New York is a “one-party consent” state for audio recording, meaning you can record a conversation if you are a party to it, and visual recording in public is generally permissible.
Report the Incident
Once you’re safely out of the vehicle and away from the driver, you should report the incident as quickly as possible.
How to Report a Drunk Uber Driver or Lyft Driver
Remember that reporting a drunk rideshare driver is not just about your personal experience; it’s about protecting future passengers and holding the rideshare companies accountable. This is what you need to do.
Contact Emergency Services Immediately
Even if you’ve already exited the vehicle, if you believe the driver is still on the road and poses a danger to others, you should call 911. Then, you’ll need to provide the driver’s vehicle description, license plate number (if you have it), the driver’s name (from the app), and the direction of travel. You should also mention that you suspect the driver is under the influence of alcohol or drugs.
Report to the Rideshare Company Directly
If you’re wondering how to report a drunk Uber driver, open your Uber app, go to your trip history, select the problematic trip, and then go to “Help” or “Report a safety issue.” Clearly state that your driver was driving while intoxicated. Alternatively, you may call the company’s Safety Incident Reporting Line at 1800-285-6172.
You need to follow a fairly similar process with Lyft, and you may also use its website to report an intoxicated driver.
When reporting, include all relevant details, such as the date, time, pickup/drop-off locations, driver’s name, vehicle make/model/license plate, and a clear description of the erratic driving and other signs of intoxication. Make sure you keep a record of your communication with the rideshare company, and if you don’t hear back within a reasonable time, follow up.
New York Rideshare Passenger Rights
As a rideshare passenger in New York, you have fundamental rights, especially when a driver’s negligence puts you at risk. These include:
- Right to a safe ride. Rideshare companies have the obligation to provide a safe transportation service. This includes ensuring their drivers are capable of operating a vehicle.
- Right to report. You have the right to report dangerous or illegal behavior by a rideshare driver without fear of retaliation.
- Right to compensation. If you suffer injury in a rideshare accident caused by an intoxicated driver, you have the right to seek compensation for your damages.
Who Pays for Your Injuries?
Things can get complicated if you suffer injury in an accident caused by a drunk rideshare driver because of how liability works in such cases. If you’re thinking about suing Uber or Lyft for a drunk driver accident to seek compensation for your damages, it’s best to have an attorney by your side because different factors are typically at play.
- The driver’s personal insurance. The primary source of recovery is usually the at-fault driver’s personal auto insurance. However, personal policies tend to have limits that may not fully cover severe injuries, especially in a major accident.
- Uber/Lyft’s commercial insurance policy. This is a crucial layer of protection for passengers in New York. Uber and Lyft carry substantial liability insurance policies that kick in when a driver is engaged in an active ride or on the way to pick up a passenger.
When a driver accepts a ride, Uber and Lyft typically provide $1,250,000 in third-party liability coverage for bodily injury and property damage per incident. If a driver is logged in and awaiting a ride request, a lower coverage limit usually applies. The rideshare company’s insurance generally does not apply if a driver is offline or the app is off.
Suing Uber or Lyft Directly
While not common, there are instances when you might be able to pursue a claim directly against a rideshare company for its negligence. This can happen if:
- It knew of the driver’s history of alcohol abuse or prior DWIs and failed to take action.
- Its background check process was demonstrably flawed and directly led to the intoxicated driver being on the road.
Keep in mind that rideshare companies often try to classify drivers as independent contractors to limit their liability. Given the complexities that such claims entail, hiring a skilled New York rideshare accident attorney can be crucial in getting the compensation you seek.
Why You Need an Attorney
Dealing with a rideshare accident, especially one involving an impaired driver and large corporations like Uber or Lyft, can be incredibly challenging. This is because insurance companies for the driver and the rideshare company will have adjusters whose primary goal is to minimize payouts. When you seek professional help, you may count on your attorney to:
- Protect your rights.
- Investigate thoroughly.
- Identify all liable parties.
- Negotiate with insurance companies.
- Navigate complex laws.
- File a lawsuit, if necessary.
Consequences Beyond Your Claim
Remember that a drunk Uber driver or Lyft driver faces serious criminal charges in New York, which are independent of your civil claim for damages.
- Driving While Intoxicated (DWI). This is a severe offense, potentially leading to fines, jail time, license revocation, and a criminal record.
- Aggravated DWI. If a driver’s blood alcohol content (BAC) is particularly high (0.18% or greater), or if there’s a child in the vehicle, the charges become even more severe.
- Felony DWI. If drunk driving results in serious injury or death, the driver can face felony charges with a significant prison sentence.
These criminal consequences, while separate from your civil claim, can sometimes aid your case by establishing the driver’s impairment and negligence.
Conclusion
Encountering a drunk rideshare driver is a terrifying experience that no passenger should ever have to endure. Remember that if something feels off, it probably is, and you should prioritize your safety. If you’re involved in an accident, you must seek medical attention as quickly as possible. When it comes to seeking compensation for your damages, partnering with a rideshare accident attorney might be in your best interest.