SACRAMENTO, Calif. (KGO) --A Sacramento man's family is suing Lyft ride-sharing company.
Shane Holland, 24, was killed in a crash on I-80 in 2014. Lawyers for the family say Lyft hasn't acknowledged their driver was at fault or paid the medical bills for the other passenger.
Dana Dinapoli says her little boy Shane had a wide smile and even bigger heart. On Nov. 1 2014 Holland died in a accident. Holland and his partner Brady Lawrence were on their way home from a Halloween party. They took the rideshare service Lyft.
"I immediately felt the car jerk to the right," said Brady Lawrence, the victim's partner.
According to the CHP report, the Lyft driver swerved to avoid another disabled car on I-80 in Sacramento County before colliding with a tree.
"I was holding his body in my arms," Lawrence said.
"It's always with me," Dinapoli said.
Initially, Lyft emailed Brady saying they'd comp the ride and give him another free ride. The next day Lyft emailed their condolences. And in a third email Lyft said it would cover the cost of Brady's medical care. A year and a half later, attorney Kevin Morrison says the company has not.
"Instead of stepping up and taking responsibility for the incident, they claimed the driver is an independent contractor," said Kevin Morrison, an attorney.
According to the CHP report, the Lyft driver did not have proof of insurance.
In an emailed statement, a Lyft spokesperson offered condolences and said, "The investigation and litigation arising out of this accident are ongoing and liability has not been determined; however, in the meantime, Lyft's insurance policy is responding."
The family's attorney says evidence shows the driver was going 75 miles an hour. It's unclear if CHP officers ever alcohol or drug tested the driver. The case was referred to the Sacramento District Attorney's office. A spokesperson there is looking into whether or not the driver was charged.
"Lyft should take responsibility for this," Dinapoli said.