Advertisement Family to sue Lyft after deadly Sacramento crash Mother : I've never heard from Lyft; they've never called me Share Shares Copy Link Copy

The family of a West Sacramento man killed as a passenger while riding in a vehicle driven by a Lyft driver is suing the rideshare company.Shane Holland, 24, was killed in a November 2014 crash along westbound Interstate 80 in north Sacramento."The last conversation I had with him was, 'Do you have a designated driver?' And he said, 'Yeah, mom, don't worry about it,'" Holland’s mother, Donna Dinapoli, said.Her son died on her birthday."The memory I have of the chaplains coming to my door at 6:30 a.m. -- it's a nightmare, literally, it's a nightmare," Dinapoli said. "It's a recurring dream that I have."Holland and his boyfriend Brady Lawrence were passengers in a Lyft vehicle."We actually made last-minute plans to go to a Halloween party with one of my best friends," Lawrence said.In a report by the California Highway Patrol, the driver got onto I-80 just before 1:30 a.m. It was raining that evening, and the roads were wet.The Lyft driver swerved to miss a stalled vehicle on the road just after passing Riverside Avenue and lost control, hitting two trees.“Shane was killed as a result. I had to hold my best friend's body in my arms in the car,” Lawrence said. “You know, it's something that I will never be able to forget."Lawrence and the driver suffered injuries and were taken to local hospitals.Lawrence recovered from several injuries after being hospitalized in ICU. He added that medical bills and being out of work for about a year cost him about $100,000.CHP labeled the Lyft driver as being "the cause" of Holland’s death, recommending involuntary manslaughter charges to the Sacramento County District Attorney’s Office.The D.A.’s office decided against prosecuting the driver, and Assistant Chief Deputy District Attorney Rod Norgaard said this in a statement:“… After reviewing the initial reports and supplemental investigation, there is not sufficient evidence to file charges on a misdemeanor vehicular manslaughter and obtain a conviction on the reasonable doubt standard."Dinapoli and Lawrence believe Lyft is responsible, as both have filed separate lawsuits against the rideshare company."I've never heard from (Lyft)," Dinapoli said. "They've never called me, or sent me a letter, and email or anything to express any kind of condolences."Lyft's corporate communications manager, Alexandra LaManna, issued a statement to KCRA:"Our hearts go out to the families and loved ones involved in this tragedy. Lyft’s $1 million liability policy, which includes uninsured and underinsured motorist coverage, is designed to provide coverage for Lyft drivers to protect passengers and third parties in accidents just like this one."However, Lawrence said he has never received financial help from Lyft."Originally they said they were offering to help me anyway that they can," Lawrence said. "I sent them a few bills, and then they stopped."Lawrence said the only compensation from the rideshare company was free credits."I didn't even respond because I honestly didn't even know what to say," Lawrence said.Dinapoli has filed a wrongful death lawsuit against Lyft, and Lawrence has filed a personal injury lawsuit. Both are represented by the same lawyer."I would like to see ridesharing companies like Lyft be held accountable for when something goes wrong," Lawrence said.In a response to both lawsuits, Lyft said as passengers, Lawrence and Holland knew the risks of getting into the vehicle, and that it’s a technology company, not a transportation company.The rideshare company adds the driver is an independent contractor, not an employee.However, Lyft’s $1 million liability policy may become an issue if this case moves before a judge.Lyft declined an interview, but said its insurance company is responding to the lawsuits.Clark Kelso is a law professor with the University of the Pacific's McGeorge School of Law and is not involved in the lawsuit."So I think Lyft has anticipated that they probably will be held legally responsible," Kelso said. "It is something that the courts will have to work through over the next couple of years. The company should be standing behind the drivers, in that the companies have enough control over the drivers in that the liability should be on the company's behalf."A trial date could be scheduled as early as June.Holland’s life is now a marker on I-80 in the form of a cross. But his death may cause a potential chain reaction for rideshare companies."There's just going to be more and more of these drivers. Why don't they do something to make it safer for the public?" Dinapoli said. "And that's what I am hoping to gain from this."