Rideshare Accident Lawyer

Companies like Uber and Lyft have a duty to their drivers and passengers. If you were involved in an accident with an Uber or Lyft, call our rideshare accident attorneys today for your free consultation.

What are Rideshares?

Rideshares became popular in 2009, thanks to Uber, the first rideshare service. Lyft is another popular rideshare service that is used by many Floridians. Rideshares are great options if you want a quick and easy way to get from one place to another. But, many people have expressed concerns over the safety of rideshare recently. For starters, being driven around by a stranger poses a unique set of problems. Some drivers may be less qualified to get behind the wheel than we’d like to imagine. While Florida law requires that these drivers meet some criteria, using a rideshare driver still comes with its fair share of risks. For this reason, you want to have an attorney on your side if you have been injured while using a rideshare service.

What are the Liability Requirements?

Florida law requires all drivers to carry $10,000 in personal injury protection and $10,000 in property damage liability. Rideshare drivers are required to have at least $1 million in liability coverage. Some rideshare companies include insurance for their drivers in accordance with Florida law and offer insurance in case of uninsured motorists.

What Rights Do Passengers Have?

Florida has established no-tolerance ridesharing laws where companies must do thorough background checks on applicants. Those who don’t meet certain requirements and driving records will be rejected as drivers. Additionally, as a passenger in a rideshare vehicle that is involved in an accident, you can recover from the at-fault driver for injuries you sustain.

Before getting in a rideshare, it’s also important to consider that companies like Uber and Lyft do not disclose data on how many accidents occur with their drivers. You can research accidents online to find stories from other passengers who have been in accidents, and the aftermath that follows. As a passenger, getting compensated if you’ve been in an accident can be difficult, which is why it’s a smart move to have an attorney on your side.

What About Drivers?

As a driver for a rideshare company, it can be complicated. When using your vehicle but not in the course of rideshare hours, you may or may not be covered under the rideshare company’s insurance policy. There are four defined “periods” that determine which insurance (personal or company) would cover an accident.

Periods of Rideshare Liability

Period 0

This is when a driver is driving a rideshare vehicle, but not logged into the rideshare app. The driver is not in “driver mode” so personal car insurance would apply to accidents. Company insurance plays no role.

Period 1

This is when the driver is logged into the app but has not yet accepted a ride request. In this period, the rideshare company provides liability coverage for accidents caused by the driver. However, it only covers property damage and injuries sustained by other people. It does NOT cover any vehicle damage or injuries that the driver sustains. It typically pays $50,000 per person to a person injured in the accident, with $100,000 total injury liability per accident. It typically pays $25,000 in property damage liability per accident.

Note that injuries and property damage in a serious accident car far surpass these total amounts, which is why passengers are at risk. Furthermore, this insurance will only benefit an injured party after they’ve made a claim on their own insurance policy first. Rather, the rideshare company won’t give you these benefits unless you are able to prove that you have your own insurance.

Period 2 and 3

This is when the driver has accepted a ride and lasts until the passenger gets out. Rideshare companies provide liability coverage in the amount of $1 million during this period. This money covers injuries sustained by customers who are using a rideshare vehicle. It also applies to injuries/vehicle damage sustained by anyone who is hit by a rideshare vehicle while they are transporting a customer.

If you are hit by an uninsured driver while driving in a rideshare, some companies may offer a policy of up to $1 million for these accidents.

Finally, remember that rideshare companies employ their drivers as independent contractors instead of employees. This limits the legal liabilities of the company itself if there is an accident. Rather, the rideshare companies heavily benefit from this agreement, because they avoid much of the risk if an accident does occur.

Common Causes of Rideshare Accidents

In some states like Florida, tourism is a major contributor to the increase in traffic. In addition to Florida’s unique traffic challenges, there are several changes across the country that have led to an overall rise in the number of Uber and Lyft vehicles on the road. 

 

Rideshare accidents have become common on Florida’s roadways. Here are some things to pay close attention to when riding as a passenger.

 

  1. Distracted driving: Rideshare drivers may be distracted by their phones or other electronic devices, or by passengers in their vehicles, which can lead to accidents.

 

The rideshare app is running during trips, alerting the driver to upcoming fares.This is how they earn their income, so it commands attention. Navigation systems and maps are also in constant use, especially as rideshare drivers are often in unfamiliar territory.

 

  1. Unfamiliar roads: lack of familiarity with a road or area poses risks of driving infractions due to things like poor signage, one way streets, and unfamiliarity with traffic patterns.

 

  1. Driver fatigue: Rideshare drivers may work long hours and may not get enough rest, which can lead to accidents due to drowsy or fatigued driving.

 

  1. Unsafe locations: Ridesharing is expected to be quick and convenient in transaction. This means in busy areas, pickups and dropoffs are often in unsafe places like a curb or even a traffic lane, leaving the vehicle and passenger vulnerable to other vehicles nearby.

 

  1. Reckless or aggressive driving: Some rideshare drivers may engage in reckless or aggressive behaviors, such as speeding or tailgating, which can increase the risk of accidents.

 

  1. Poorly maintained vehicles: If rideshare vehicles are not properly maintained, they may be more prone to breakdowns or other mechanical issues that can cause accidents.

 

  1. Inclement weather: Accidents may occur due to adverse weather conditions, such as rain, snow, or ice.

 

  1. Road hazards: Potholes, construction, and other road hazards can also cause accidents.

 

It is important for rideshare drivers to follow traffic laws and to drive safely in order to reduce the risk of accidents. If you have been involved in a rideshare accident, you should seek the assistance of an experienced lawyer to help you understand your legal rights and options. Call the team at iLawyerUp today for a free consultation. 

Who Is Held Responsible For A Rideshare Accident?

If the rideshare driver was acting as an employee of the rideshare company at the time of the accident, the company may be held strictly liable for the driver’s actions. In this case, the company could be held responsible for any damages or injuries that occurred as a result of the accident, regardless of whether the company was negligent in its hiring, training, or supervision of the driver.

 

It is important to note that the determination of whether a rideshare driver is an independent contractor or an employee can be complex and will depend on a variety of factors, including the nature of the work performed, the level of control exercised by the company over the driver, and the extent to which the driver is integrated into the company’s business. In some cases, it may be necessary to seek legal advice to determine who is held responsible for a rideshare accident.

 

Types of Compensation After a Rideshare Accident

If you have been involved in a rideshare accident, you may be entitled to compensation for your losses. This can include:

It is important to keep in mind that the specific types of compensation that are available to you will depend on the circumstances of your case. Our expert rideshare accident lawyers can help you understand your legal rights and can assist you in seeking the compensation that you are entitled to.

Our Attorneys Can Help

Ridesharing is a new concept under Florida law. Different in many ways from regular auto accidents, rideshare accidents can be confusing to deal with. This is why it is good to have an experienced attorney trained and knowledgeable about Florida ridesharing laws.

Don’t try to navigate all these factors alone. If you were injured or lost a loved one in a rideshare accident, contact the experienced Florida car accident lawyers at iLawyerup for a free consultation. Our experienced attorneys can help you determine who is liable for what and what damages the insurance companies must pay.

FAQs

Rideshare accidents may be different from other types of car accidents in a number of ways.

One key difference is the issue of liability. In a traditional car accident, the driver of the vehicle is generally considered to be the person responsible for any damages or injuries that occur as a result of the accident. However, in a rideshare accident, the issue of liability can be more complex.

Whether you file a lawsuit against the driver or the rideshare company in a rideshare accident will depend on the specific circumstances of your case. If the driver was at fault for the accident, you may be able to file a personal injury lawsuit against them to seek compensation for damages and injuries sustained in the accident. However, if the rideshare company was negligent in some way, such as by failing to properly screen or train its drivers, you may be able to file a lawsuit against the company as well.

It’s important to consult with an attorney to determine the best course of action in your specific case. An attorney will be able to review the facts of your case and advise you on the best legal strategy for seeking compensation for damages and injuries sustained in the accident. They will also be able to handle the legal process on your behalf and advocate for your rights and interests throughout the case.

The answer to this question depends on the specifics of the accident and the insurance coverage of the parties involved. In general, the rideshare company’s insurance policy may cover damages and injuries sustained by passengers, as well as any damage to the rideshare vehicle. However, if the rideshare driver was at fault for the accident, their personal insurance policy may also be involved. It’s important to consult with an attorney or insurance provider to determine who is responsible for covering damages and injuries in a rideshare accident.

 

If you're involved in a rideshare accident, it's important to take the following steps:

  • Seek medical attention for any injuries, even if they seem minor.
  • Contact the rideshare company to report the accident and request assistance.
  • Take pictures of the accident scene, including any damage to the vehicles and any visible injuries.
  • Get the contact information of any witnesses to the accident.
  • Contact your insurance company to report the accident.
  • Consult with an attorney to determine your legal options.

It may be possible to sue the rideshare company if you were injured in a rideshare accident and the company was negligent in some way. For example, if the rideshare company failed to properly screen or train its drivers, it may be liable for any accidents that occur as a result. However, it’s important to consult with an attorney to determine if you have a valid case against the rideshare company and what your legal options may be.

There are several potential avenues for seeking compensation for damages and injuries sustained in a rideshare accident. These may include:

  • Filing a claim with the rideshare company's insurance policy
  • Filing a claim with the at-fault driver's insurance policy
  • Filing a personal injury lawsuit against the at-fault driver or the rideshare company
  • Seeking compensation through a settlement negotiation with the at-fault driver or the rideshare company

Again, it’s important to consult with an attorney or insurance provider to determine the best course of action for seeking compensation in your specific case.

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