Detroit Lyft passengers saw driver drinking in car before rollover crash

What started off as a responsible decision to order a rideshare instead of driving home after a night of drinking led to an accident after their driver started drinking anyways.

Two 20-year-old women were out on the town in Detroit’s west side when they called a Lyft to drive them home early Sunday. When they got in the car they had already been drinking, but the driver pulled out his own liquor and offered them a drink.

One of the passengers, identified as Dariana told Fox 2 "We already had our own liquor and stuff like that, so we just got in the car ready to go home. He saw that we had our liquor, so he pulled out his from the door and said, 'Do you want a shot?'"

As they were driving home the car collided with a parked SUV on Linwood near Grand River. The car flipped twice before coming to a stop, that’s when the passengers got out and called the police.

The women survived the crash with injuries and said they have already filed a police report and are looking for attorneys.

It was not immediately clear whether the driver had been charged, whether alcohol testing was performed or whether Lyft had responded.

Legal options after a crash

Michigan is a no-fault state, which means that without having to determine whose fault an accident is, people injured in the crash may qualify for Personal Injury Protection benefits.

These benefits can help cover economic losses from the crash such as allowable medical expenses, wage loss, replacement services or attendant care.

Recovering noneconomic losses usually requires a separate claim against an at-fault driver. This would only be an option if the injuries meet the state’s threshold of serious impairment of body function, permanent serious disfigurement or death.

In a Lyft crash, the insurance analysis may involve the passenger’s own auto insurance, a household policy, coverage connected to the app ride or the Michigan Assigned Claims Plan. The active trip record can matter because it may show whether the ride was accepted, where the trip was going and when the crash occurred.

Legal issues after a Michigan crash involving drunk driving

A crash involving suspected drunk driving can involve both criminal charges and civil claims depending on the facts of the case.

Driving under the influence of drugs is illegal in Michigan, but for alcohol, drivers can have a certain amount in their system before they are considered impaired. Under MCL 257.625, for a driver 21 or older the bodily alcohol content limit is .08 or higher, or for a driver under 21 that number is .02 or higher.

For drivers who are very intoxicated with a BAC of .17 or higher, or if they were obviously extremely impaired but tested below that amount, there are higher penalties.

For an injured person, the criminal case does not replace a civil claim. A charge, guilty plea, conviction, breath test, blood test or officer's observations may become important evidence, but civil liability still depends on fault, causation, insurance coverage, injuries, damages and the evidence available.

Legal issues after a Michigan rideshare crash

Rideshare crashes can be more complicated than ordinary car accidents because insurance coverage may depend on what the rideshare driver was doing in the app at the time of the crash.

Under MCL 257.2123, a transportation network company driver or the company on the driver's behalf must maintain primary automobile insurance while the driver is logged into the digital network or engaged in a prearranged ride. When the driver is logged in and available for ride requests but not yet on a prearranged ride, Michigan law requires at least $50,000 per person and $100,000 per incident for death or bodily injury, $25,000 for property damage and the required no-fault coverages. When the driver is engaged in a prearranged ride, the required liability coverage increases to at least $1 million for bodily injury or property damage, along with required no-fault coverages.

That does not mean the rideshare company is automatically responsible for every crash involving an Uber or Lyft driver. Fault, app status, insurance coverage, whether the driver was using the vehicle for rideshare work and the facts of the crash all matter.

Get help from Michigan Legal Center

Michigan Legal Center is the Law Offices of Christopher J. Trainor & Associates. Our attorneys help injured people and families across Michigan with personal injury, car crashes, no-fault claims, insurance disputes, serious injury claims and wrongful death cases.

If you or a loved one was injured in a Michigan car crash, call Michigan Legal Center at (248) 886-8650 or contact us for a consultation.

There is no attorney fee unless money is recovered for you. Case costs and fee terms are governed by the written fee agreement.

Michigan Legal Center can help you navigate the issues involved in claims such as this with Michigan car accident medical bills and PIP priority and car accident claims.