In today's digital age, smartphones have revolutionized how we access services, from banking to transportation.
Rideshare platforms like Uber and Lyft have become indispensable for millions of people in Miami and beyond, providing convenient rides for daily commutes, airport transfers, and nights out on the town.
However, with the increasing popularity of ridesharing comes a corresponding rise in rideshare accidents on our roads.
You can rely on The Ward Law Group for expert legal assistance if you or a loved one has been injured in a rideshare accident. Our team of experienced Miami car accident lawyers understands the complexities of these cases and is dedicated to fighting for the compensation you deserve.
With a proven track record of success in recovering millions of dollars for our clients, we have the knowledge and resources to navigate the complexities of rideshare accident claims effectively.
Uber & Lyft rideshare service Insurance Coverage in Florida
Injuries resulting from rideshare accidents can be severe and life-altering. Despite the convenience these services offer, the increase in rideshare usage has unfortunately correlated with a rise in car crash fatalities across the United States, as reported by the MIT Technology Review.
Since the surge in popularity of rideshare apps around 2011, traffic fatalities have seen a noticeable uptick of 2 to 3 percent.
Victims of rideshare accidents often sustain a range of injuries similar to those seen in traditional car accidents.
These injuries may include spinal cord damage, traumatic brain injuries, fractures, and whiplash. Even seemingly minor injuries like headaches should prompt immediate medical attention, as they can escalate into more severe conditions without proper treatment.
In Florida, rideshare companies like Uber and Lyft have implemented specific requirements to enhance user safety.
Drivers must meet specific criteria, including being at least 21 years old, possessing a valid U.S. driver's license, and providing proof of vehicle registration and insurance.
Additionally, vehicles must pass inspections, and models must be from 2005 or newer. However, accidents still occur despite these precautions.
To address such situations, Uber and Lyft maintain insurance coverage of up to $1 million for their drivers. This coverage applies when drivers are actively logged into the app and waiting for ride requests in route to pick up or transport passengers.
It's important to note that Uber and Lyft drivers are typically classified as independent contractors rather than employees, which means they may not have the same level of protection as traditional employees.
If a driver is not logged into the app during an accident, they may need to rely on their personal insurance policy for coverage.
Common Causes of Ridesharing Accidents
If you're a driver who's been injured in a car accident while working for Uber or Lyft, it's natural to feel overwhelmed by the recovery process.
At The Ward Law Group, we understand the importance of providing for your family during this challenging time. Our team is here to guide you through the aftermath of your accident and assess the damages you may be entitled to recover.
If logged into the rideshare app during the incident, you may have grounds to seek compensation for personal injury and property damage.
Rideshare accidents, while sharing similarities with regular car accidents, present unique risks due to the nature of the service:
- Driver distraction: Rideshare drivers often use their phones to manage pick-ups and drop-offs, increasing the likelihood of distracted driving accidents.
- Drowsy driving: Long hours and late-night shifts can lead to driver fatigue, resulting in an elevated risk of accidents.
- Speeding: The pressure to maximize rides can tempt drivers to speed or disregard traffic laws.
- Inexperience or lack of familiarity: Younger, less experienced drivers and unfamiliarity with the area can contribute to driving errors.
- Violence: Though background checks are conducted, incidents of violence between drivers and passengers are not unheard of.
Who Is Liable in an Uber or Lyft Accident?
Determining liability in Uber or Lyft accidents follows similar principles to those in other car accident cases. The responsible driver is typically held liable for damages.
You may seek compensation through the driver's insurance or the supplemental insurance provided by the rideshare company.
Our experienced team at The Ward Law Group can assist you in navigating the complexities of a rideshare accident claim.
We'll help gather crucial evidence, such as phone records, medical reports, and police documentation, to establish liability and demonstrate negligence. With over 30 years of combined experience, we're committed to securing the compensation you deserve for medical expenses and lost wages. This will allow you to focus on your recovery while we handle the legal aspects of your case.
How Rideshare Accidents Differ from Standard Car Accidents
Rideshare accidents present unique distinctions from typical car accidents, particularly concerning liability and insurance coverage.
Differences in Liability and Insurance Coverage
In rideshare accidents, determining liability and insurance coverage depends on the specific stage of the rideshare journey:
- Stage 1 – Available: The rideshare driver's app is active, indicating their availability to accept passenger requests.
- Stage 2 – En route: The driver has accepted a ride request and is en route to pick up the passenger.
- Stage 3 – On the trip: The driver is transporting a passenger to their destination.
Florida's Rideshare Laws
Rideshare services, such as Uber and Lyft, fall under the classification of transportation network companies (TNCs) in Florida. These companies must adhere to state regulations governing TNC operations, which include:
- Implementing a strict zero-tolerance policy for drug and alcohol use while driving.
- Conducting comprehensive reviews of prospective drivers' driving histories.
- Prohibiting individuals listed on the national sex offender registry from becoming drivers.
- Maintaining appropriate insurance coverage that meets TNC requirements.
- Conducting thorough criminal background checks on potential drivers to ensure passenger safety.
Statute of Limitations
In Florida, passengers injured in rideshare accidents are subject to a statute of limitations outlined in Florida Statutes § 95.11(3)(a). This statute allows passengers four years from the date of their accident to initiate legal proceedings. Failure to do so within this timeframe forfeits the right to pursue legal action.
Additionally, individuals seeking coverage from their Personal Injury Protection (PIP) insurance must adhere to the 14-day rule mandated by state statute 627.733(a). This rule stipulates that victims have 14 days to file a claim with their insurance provider to access the benefits outlined in their policy.
Despite these legal time constraints, acting promptly following an accident is crucial. Initiating a claim as soon as possible enables the collection of essential evidence vital to your case. Delaying could compromise the strength of your claim and potentially diminish the compensation you are entitled to receive.
Comparative Negligence
In Florida, the legal framework incorporates the concept of comparative negligence. This principle acknowledges that fault for an accident can be distributed between multiple parties.
Notably, Florida's recently enacted House Bill 837 stipulates that an individual cannot recover compensation if they are found to bear more than 50% responsibility for their injury.
How Can a Rideshare Lawyer Assist You After an Accident?
Rideshare car accidents present unique challenges, and the outcomes of related claims can vary significantly based on the circumstances of the accident and liability determination.
Enlisting the support of a seasoned rideshare accident attorney can be instrumental in navigating the complexities of your case and securing compensation for your injuries. At The Ward Law Group, our legal team offers comprehensive assistance by:
Establishing Your Case
An adept attorney is crucial in demonstrating that a defendant is liable for your injuries.
This involves establishing that the party owed you a duty of care, breached that duty through negligence and that their negligence directly resulted in your injuries and property damage. These elements form the foundation of a successful case.
Our experienced attorneys meticulously examined the accident's circumstances to establish a duty of care to illustrate that the rideshare driver was obligated to operate their vehicle safely and responsibly. Subsequently, we gather compelling evidence to substantiate the breach of this duty.
By effectively presenting these elements, we demonstrate how the defendant's negligence led to your injuries and subsequent damages.
Determining the Appropriate Insurance Entities for Filing Claims
In the aftermath of a rideshare car accident, it's vital to identify the responsible parties and insurance companies involved. Depending on the accident's specifics, multiple entities may be accountable.
A seasoned personal injury attorney from The Ward Law Group will guide you in identifying and pursuing claims against the appropriate parties and insurers.
Challenging Denied Claims
Insurance companies often attempt to shift blame and deny claims, particularly in cases involving multiple parties. In such situations, a skilled car accident attorney can effectively navigate the appeals process and advocate for your rights.
Avoiding Inadequate Settlement Offers
In instances where insurance companies offer settlements, they may try to minimize the value of your claim. Collaborating with an attorney with solid negotiation skills ensures your interests are safeguarded.
Types of Damages Recoverable in a Rideshare Accident
When pursuing a claim following an Uber or Lyft car accident, you may seek economic and non-economic damages to compensate for your losses.
While economic damages are straightforward to calculate and cover financial losses, non-economic damages address intangible harms resulting from the accident. In rare cases, punitive damages may also be sought to penalize a defendant's negligent conduct.
Monetary Damages
Economic damages encompass various financial losses, including:
- Medical expenses
- Hospital bills
- Surgical costs
- Prescription medications and rehabilitation expenses
- Lost income due to missed work
- Property damage
Non-Monetary Damages
Non-economic damages aim to compensate for intangible losses such as:
- Pain and suffering
- Emotional distress
- Loss of enjoyment of life
- Disfigurement and scarring
Principio del formulario
Classification of Rideshare Drivers: Independent Contractors or Employees?
Following rideshare accidents, classifying drivers as independent contractors rather than employees becomes a pivotal issue. Rideshare companies like Uber and Lyft commonly classify drivers as independent contractors, affording them self-employment status.
This classification grants drivers greater autonomy in determining their work schedules and locations while reducing Uber and Lyft's legal responsibilities in the event of adverse incidents, such as car accidents.
Can Rideshare Accident Victims Sue Rideshare Companies?
Rideshare accident victims may pursue legal action against companies like Uber and Lyft under specific circumstances.
Suppose you've been involved in a rideshare accident and believe either the driver's actions or the company's negligence contributed to the incident. In that case, you might have grounds to file a legal claim against the rideshare company.
Here are some essential considerations regarding Uber and Lyft accidents:
- Driver’s Liability: In most scenarios, the initial step in initiating a ride-hare accident claim involves determining whether the driver bears fault for the collision. If the driver's negligence, recklessness, or misconduct caused the accident, you may have a viable personal injury claim against the driver.
- Rideshare Company’s Liability: You might hold the company accountable for the accident in certain situations. This could occur if the company's policies, procedures, or technology played a role in the collision. For instance, inadequate driver screening, vehicle maintenance lapses, or the rideshare app's interface contributing to driver distraction could render the company partially liable.
- Insurance Coverage: Rideshare companies typically offer insurance coverage for accidents involving their drivers. The extent of coverage varies based on the ride phase and accident specifics. If the driver was at fault and actively engaged in rideshare activities during the accident, you may seek compensation through the company's insurance policy.
Contact a Rideshare Accident Lawyer in Miami
The skilled attorneys at The Ward Law Group, specializing in vehicle accidents, and our team of former police detectives will primarily gather crucial case details.
Contact a specialized attorney from The Ward Law Group at 855-DOLOR-55 to learn more about your case! We could work as a team to reach our goals at the end of the process! Your rights must be respected!
Contact The Ward Law Group right now for a free consultation!