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My Uber or Lyft Driver Crashed While Looking at Their Phone, is Uber or Lyft Responsible?

By now, most people are aware that it is illegal to use their cell phones while they are driving. California first enacted a law that made texting illegal in 2008. This law has been changed over the years. Today, it is not only illegal to text while driving, but it is also illegal to hold and use any electronic wireless communications device. So whether you’re using a cell phone, ipad, or laptop with data, you can’t hold it and use it while your driving. (California Vehicle Code Section 23123.5)

So why are Uber and Lyft Drivers using their phones all the time?

If you’ve been in a car with an Uber or Lyft driver lately, most likely you’ve seen them touch their phone at least once while driving. The law says that it is ok for the driver to do a single swipe or tap to “activate or deactivate a feature or function” if the device is mounted “in a manner that does not hinder the driver’s view of the road.” (California Vehicle Code Section 23123.5)

Even if your Uber or Lyft Driver is using their phones properly, they can still be at fault for the accident

If your Uber or Lyft Drivers are holding their phones or texting with their fingers, they are breaking the law. Your Uber or Lyft Driver is not breaking the law if they are merely doing single swipes and taps if they have their phones mounted properly. But just because they are following the law, doesn’t mean that they haven’t been negligent.

Uber and Lyft will be held responsible for the accident caused by their drivers

If the Uber or Lyft Driver was distracted by the phone or just failed to break fast enough, then Uber and Lyft will be held responsible for their damages. Uber and Lyft have been forced by law to have insurance coverage that would cover these types of accidents.

If you’ve been in an accident with an Uber or Lyft driver and sustained injuries, talk to a personal injury attorney today about your rights. Call (949) 558-2245.

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