VERO BEACH RIDESHARE ACCIDENT LAWYER

Long gone are the days when you must stand on a street corner and hail a taxi if you need a ride. Now, you can contact a driver with the click of a button and have a waiting car for you in mere minutes. However, this convenience has come at a cost to society. Research from the Centers for Disease Control and Prevention (CDC) suggests ridesharing may be negatively disrupting local transportation networks and increasing the number of collisions. According to the CDC research, each additional 100 rideshare trips originating within a taxi zone hour was associated with a 4.6% increase in injury crashes.

Additionally, rideshare companies are not as regulated as taxi companies. Laws have lagged behind their prevalence in communities like Vero Beach, Florida, leading to confusion regarding who is at fault after an Uber accident or other incident involving a rideshare vehicle. If you were injured in a rideshare accident, contact our experienced car accident lawyers for help with your personal injury case.

Who May Be Liable for Your Rideshare Accident?

Even if you are involved in a motor vehicle accident involving a rideshare driver, this does not necessarily mean the rideshare driver is legally liable. Another motorist could be liable if their negligence caused the accident. However, if the rideshare driver is found to be responsible for the accident, insurance coverage could be available to help pay for your damages.

Rideshare passengers may wonder, “Can I sue Uber or Lyft?” Because rideshare companies hire independent contractors to insulate themselves from liability, it is often difficult to hold the rideshare company directly responsible for the accident.

However, the rideshare company can be held liable for an accident caused by its own negligence, such as hiring an unsafe driver or ignoring reports of unsafe drivers. Uber’s own internal report shows thousands of incidents involving violence committed by their drivers against passengers.

In addition, the rideshare company may provide additional insurance for its driver. For most car accidents involving negligent rideshare drivers, injured victims file a claim with the relevant liability and underinsured motorist policies. So, while the rideshare company may not be directly liable, there may be insurance policies available to satisfy your claim.

Insurance Coverage at the Stages of the Trip

The insurance that applies depends on the stage of the trip when the accident occurred, as follows:

While Offline

As a general matter, if the driver does not have the app on and is not waiting for rides when the accident occurs, the rideshare insurance does not apply. You would proceed with an insurance claim the same way as you would if the other driver was not a rideshare driver. Florida is a no-fault insurance state, so car accident victims first turn to their Personal Injury Protection (PIP) coverage, regardless of fault. According to Florida Highway Safety and Motor Vehicles, this insurance covers up to 80% of reasonable and necessary medical expenses, 60% of lost wages, and 100% of replacement services, up to policy limits. This insurance does not cover pain, suffering, or other non-economic damages.

Under Florida Statute 627.737, you can sue a negligent driver for damages in addition to PIP-covered losses if you suffer any of the following injuries in the accident:

Significant and permanent loss of an important bodily function
Permanent injury
Significant and permanent scarring or disfigurement
Death (in which case your family would have the right to file a wrongful death claim)

While Online and Waiting for a Ride Request

Florida Statute 627.748 requires rideshare drivers to have at least the following minimum liability insurance coverage while they have the app on and are actively waiting for a ride request, which includes:

$50,000 for bodily injury or death to one person in an accident
$100,000 for bodily injury or death per accident
$25,000 for property damage

After Accepting a Ride Until the Ride Is Complete

Florida Statute 627.748 requires the driver to have a primary auto liability coverage of at least $1 million for death, bodily injury, and property damage that applies as soon as the driver accepts a ride and ends after they drop off the passenger. The driver must also have minimum PIP coverage and uninsured and underinsured motorist coverage.

These laws change frequently, and your car accident attorney will evaluate the law applicable to your claim.

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What to Do After an Uber Accident

If you are involved in an accident involving an Uber driver or other rideshare company, take these steps to protect your health and legal rights:

Check the Safety of Yourself and Other Occupants

Check if you or other passengers were injured in the accident. If you are, try not to move. Call for help and notify the EMTs of your injuries.

Report the Accident to Law Enforcement

Call 911 to report the accident to law enforcement. A police officer may respond to the scene and complete a formal accident report that can assist later with your claim. Do not listen to the driver about how the information could harm them or that the accident was minor. Protect your rights by documenting the accident now.

Document the Accident Scene

By the time you can contact a lawyer, the accident scene may be cleaned up, so it’s crucial to preserve what evidence you can to the extent you are able. Use your cellphone to take pictures of the following:

Damage to all vehicles involved in the accident
Skid marks and debris on the road
Nearby traffic signs and signals
The accident scene

Seek Medical Attention

If you were not immediately taken away from the accident scene by an ambulance, seek medical attention as soon as possible. You may be experiencing shock or may not have noticed symptoms until later. Keep all your medical records and bills to help substantiate your accident claim.

Notify Uber

To notify Uber of the accident, click on “Trip and Fare Review” on the app. Stick to the facts and keep the information as simple as possible. Whatever you input will become part of your legal claim.

Keep Information About the Ride

Take screenshots of the ride information, including the rideshare driver’s name, the time and location of the ride, and reviews of the driver.

Hire an Experienced Rideshare Accident Lawyer

If you are injured in an accident involving a rideshare driver, you must work with a personal injury lawyer who is familiar with laws regarding rideshare companies and these specific types of claims.

How to File a Rideshare Accident Claim

You can begin the process of filing a rideshare accident claim within the app. The rideshare driver’s insurance company may reach out to you for more details regarding the accident. It is advisable to involve an attorney early in the process, as insurance companies often use reprehensible tactics to try to minimize the value of riders’ claims or force an early, grossly inadequate settlement. An experienced rideshare accident attorney can handle the details of your claim for you while you focus on your recovery.

When Should I Call an Attorney After a Rideshare Accident?

Most people benefit from calling an attorney immediately after an accident involving injury. Here are some indications that you should definitely hire a car accident lawyer:

You or a loved one has suffered a severe injury.
The rideshare driver will not provide their insurance details.
The rideshare company has denied your claim or has represented that there is limited coverage available to you.

We offer free consultations, so you can learn more about your legal rights and options without being obligated to proceed.

How Can a Rideshare Accident Lawyer Help with My Claim?

An experienced attorney can assist you with every aspect of your claim, including:

Investigating the case, reviewing information stored in the rideshare app, and identifying all responsible parties
Handling your claim paperwork and managing your case deadlines
Communicating with insurance companies and the rideshare company on your behalf
Compiling information about all of your damages
Negotiating for fair compensation for your claim

The Structure of Rideshare Companies

Rideshare companies are a little over a decade old, but they have become so popular in some areas that they outnumber taxis. Companies like Uber do not consider themselves transportation companies or common carriers. Instead, they identify as apps that pair people needing a ride with someone willing to offer it.

Users download an app on their phones and input information, including payment information. When they need a ride, they request it through the app and are usually matched with a nearby driver who can pick them up within a few minutes. After the ride, the app deducts a charge for the ride. Users can also add a tip and review drivers on the app.

These companies have allowed some people to forego the expenses related to vehicle ownership. They also sometimes allow a safe alternative to people drinking and driving after a night out.

However, rideshare companies are not without their issues. They have minimal requirements to hire someone as a driver. And because they use contractors rather than employees, it can be challenging to hold them responsible for the negligence of their drivers.

Requirements to Drive for a Rideshare Company

Some people mistakenly think of rideshare drivers as professional drivers. However, rideshare driving does not require any special licenses or endorsements, and the requirements to drive for rideshare companies are minimal.

Uber’s requirements include:

Being the minimum age to drive in their city
Having a Florida driver’s license
Having at least one year of licensed driving experience (or three years if they are under 25)
Using an eligible four-door vehicle
Passing a review of their driving record and criminal history

Lyft’s requirements to drive in Florida include:

Having any driver’s license, including out-of-state or temporary licenses
Having a Social Security number for at least six months
Being 25 years old or older
Passing a driver screening
Driving an eligible four-door vehicle
Having a smartphone capable of downloading the Lyft app

As you can see from these basic requirements, drivers do not have to be particularly good or experienced drivers. They do not have to complete any special training that makes them safer drivers or any more appropriate than an average person.

Common Causes of Rideshare Accidents

The structure of rideshare companies can increase the likelihood of motor vehicle accidents. Drivers may not be safe drivers. Also, drivers are paid by the ride, so they are incentivized to complete as many rides as possible within their shift. Some of the specific reasons for rideshare accidents based on this rideshare model include:

Speeding – Rideshare drivers get more money the more passengers they transport. This creates an incentive to speed during trips. Additionally, some passengers in a hurry may agree to tip more or give a better review if their driver gets them to their destination faster.
Driver error – Some rideshare drivers are inexperienced, or they may make careless mistakes while trying to quickly get to their destinations, such as running a red light or failing to yield the right-of-way of other drivers.
Distractions – Rideshare drivers receive constant directions from their GPS and the rideshare app. They may be driving for one trip while accepting the next. Distracted drivers are much more likely to be involved in car accidents than those focused on the road in front of them.
Fatigue – Rideshare drivers may drive as a second job, or they may work various gig industry jobs to make ends meet, increasing the potential they will be tired and their faculties will be impaired while driving.
Unsafe pickups and drop-offs – Drivers may pick up and drop off passengers in places not intended for these purposes, leading to accidents.
Maintenance problems – Rideshare vehicles do not have to be particularly new or dependable. Ridesharing may lead to additional wear and tear on the vehicle, increasing the possibility that the vehicle will malfunction during a critical time and cause an accident.

These are just a few of the reasons a rideshare accident can occur. An experienced car accident lawyer can review your accident claim and determine who is at fault.

Types of Accidents Involving Rideshare Drivers

Rideshare drivers may be involved in various types of accidents, including:

Accidents in which their passenger is injured
Accidents in which they collide with another vehicle
Pedestrian accidents where they hit a person walking, potentially including a passenger they just dropped off
Bicycle accidents in which they hit a bicyclist

If the rideshare driver causes any of the above accidents, they may be liable for the victim’s damages.

Contact Our Uber and Lyft Accident Lawyers for a Free Case Review

If you were injured in an Uber or Lyft accident, an experienced personal injury attorney from Gould Cooksey Fennell can help. Contact us today to take advantage of your free consultation.