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Abandoned by a Rideshare Driver? Your Rights as a Lyft or Uber Passenger in California

California law treats Lyft and Uber as common carriers — the same legal category as buses and taxis — which means they owe passengers the highest duty of care recognized under state law, not ordinary care.

By The Shrout Law GroupPassenger RightsSacramento, CA
An empty rural road at night with a single suitcase on the gravel shoulder and a car's taillights receding into the darkness

At 1:00 AM on October 11, 2024, a 60-year-old grandmother requested a Lyft home from Sacramento International Airport after a delayed flight. Thirty minutes later — according to a lawsuit our firm filed in Sacramento County Superior Court — she was standing alone in total darkness on a rural road in Elverta, abandoned by her driver, who told her only that he "needed to charge" his vehicle.

There were no streetlights. No sidewalks. No open businesses. A shooting had occurred 1.5 miles away that same night. She activated Lyft's in-app emergency feature, sheriff's deputies responded and documented the scene, and another Lyft driver ultimately came and got her.

Lyft's response, the complaint alleges: a refund, a promise not to pair her with the same driver again, and — after media coverage by KCRA News — a $200 settlement offer.

We believe California law demands far more. Here's why this case matters for every rideshare passenger in the state.

Note

The Smith v. Lyft matter is pending in Sacramento County Superior Court. Every statement about it on this page is an allegation drawn from the filed complaint. Lyft has not been found liable, and nothing here is a prediction or guarantee of any outcome.

Rideshare Companies Are "Common Carriers" — and That Changes Everything

Most people assume Lyft and Uber are just apps connecting them with independent drivers. California law sees it differently.

Under California Civil Code § 2100, a carrier of persons for reward must use the utmost care and diligence for their safe carriage. That places rideshare companies in the same legal category as buses, trains, and taxis — common carriers, who owe passengers the highest duty of care recognized under California law, not ordinary reasonable care.

That standard matters because it changes what a company has to answer for. A common carrier may be held responsible when:

  • A driver abandons a passenger before reaching the destination
  • A vehicle is not fit for service — including, as alleged in our case, an electric vehicle without sufficient charge to complete the trip
  • The company fails to properly screen, train, or supervise its drivers
  • Safety complaints are dismissed instead of investigated

Our rideshare passenger injury practice covers exactly these situations — abandonment, a vehicle unfit for the trip, and a company's failure to screen or supervise the drivers it puts on the road.

What the Smith v. Lyft Lawsuit Alleges

Our complaint against Lyft, Inc. asserts five causes of action:

  • Breach of common carrier duty — allowing a driver to accept a ride his vehicle allegedly could not complete, and permitting the abandonment of a passenger at night.
  • Negligent hiring, training, supervision, and retention — failing to vet and oversee the driver.
  • Violation of Business & Professions Code §§ 7458–7460 — California's rideshare safety statutes, pleaded as negligence per se.
  • Negligent infliction of emotional distress — the foreseeable trauma of being left alone, at night, in an unsafe location.
  • Declaratory relief under Civil Code § 1060 — asking the court to declare Lyft's forced arbitration clause unenforceable.

The lawsuit seeks general damages of not less than $1,000,000, special damages, punitive damages, and injunctive relief requiring Lyft to improve safety monitoring and rider protections.

The Arbitration Fight: Why It Matters to You

Buried in Lyft's Terms of Service is an arbitration clause — the fine print that says disputes must be resolved privately, not in open court.

Our complaint asks the court to declare that clause unconscionable and unenforceable, relying on McGill v. Citibank (2017) 2 Cal.5th 945, which protects Californians' right to seek public injunctive relief. In plain terms: when a company's conduct endangers the public, accountability shouldn't happen behind closed doors.

This is one of the most consequential issues in consumer law today. If rideshare companies can force every safety failure into private arbitration, nothing changes for the next passenger.

Important

Many rideshare terms of service require you to send a notice of dispute before filing anything. Missing that step can hand the company an argument to delay or derail your claim. Talk to an attorney before you accept a refund, sign a release, or agree to arbitration.

What to Do If a Rideshare Driver Abandons You or Puts You in Danger

If you're ever left stranded or unsafe during a Lyft or Uber ride in California:

  • Use the in-app emergency feature. It creates a timestamped record and can dispatch law enforcement.
  • Call 911 if you feel unsafe. A sheriff's or police incident report becomes critical evidence later.
  • Screenshot everything — the ride details, the driver's name and vehicle, the route map, and any in-app messages. This data can disappear from your ride history.
  • Report the incident in the app, but don't treat a quick refund as a resolution.
  • Don't accept a lowball settlement offer before you understand what your claim is worth. In our case, the alleged offer was $200.
  • Talk to an attorney before signing anything or agreeing to arbitration.

Frequently Asked Questions

Can I sue Lyft or Uber in California instead of going to arbitration?

Possibly. California courts have declined to enforce arbitration clauses that are unconscionable or that waive a consumer's right to seek public injunctive relief, following McGill v. Citibank (2017) 2 Cal.5th 945. Whether a particular clause is enforceable depends on the specific facts of your case and the terms you agreed to.

Is Lyft responsible for what its drivers do?

Under California Civil Code § 2100, a company that carries passengers for reward is a common carrier and must use the utmost care and diligence for their safe carriage. A rideshare company may also be liable for negligent hiring, training, supervision, and retention of its drivers. Each case turns on its own facts.

What is a rideshare abandonment case worth?

There is no formula. Damages depend on the danger you were exposed to, the emotional and economic harm you suffered, and the company's conduct after the incident. An attorney can evaluate your specific situation.

How long do I have to file a rideshare claim in California?

Most California personal injury claims carry a two-year statute of limitations, but shorter deadlines can apply depending on the parties involved and the contractual notice requirements in the company's terms of service. Don't wait to get advice.

What should I do first if a rideshare driver leaves me stranded?

Activate the in-app emergency feature, which creates a timestamped record and can dispatch law enforcement. Call 911 if you feel unsafe — an incident report becomes critical evidence. Then screenshot the ride details, driver information, and route before they disappear from your app history.

Stranded, endangered, or dismissed by a rideshare company? The Shrout Law Group handles rideshare passenger injury and abandonment claims throughout the Sacramento region — Elk Grove, Roseville, Folsom, and beyond — against rideshare companies and other common carriers. Request a free case review or call (916) 937-8322 for a free, confidential consultation.

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