Carmen Gallardo
With more people in South Florida relying on Uber and Lyft to get around and avoid heavy traffic, rideshare accidents have also become more common. Many of these crashes can be traced back to the companies' hiring practices, as they often rush to meet demand without thoroughly checking drivers’ experience or qualifications.
If you’ve been injured in a rideshare accident and aren’t sure what to do next, speaking with a rideshare accident lawyer can help you understand your options and fight for the compensation you deserve.
At Gallardo Law Firm, we can help you understand your specific circumstances and the safest possibilities of seeking justice and compensation for the bodily, emotional, and financial losses you have suffered. Contact us as soon as possible to schedule a free initial case evaluation.
Ridesharing is a transportation service that allows users to connect with drivers through digital platforms, providing a convenient way to reach their destination. This flexible and affordable service is growing in popularity, particularly in large urban areas, due to its accessibility and ease of use.
The arrival of this ridesharing concept is even associated with an approximate 3% increase in the number of fatal motor vehicle accidents. According to a study, the most significant growth occurred in large cities, where there is also a surge in the registration of new cars associated with rideshare companies.
In these cases, the damage can be severe, and the legal cases very complex, also due to the business model of these companies, which offers extra incentives to their drivers to make more trips in the shortest possible time.
The most common causes of rideshare accidents include driving under the influence of drugs or alcohol, unfamiliarity with the area, poor vehicle maintenance, distracted driving (such as using a phone or other devices), driving while fatigued or aggressive, speeding, ignoring traffic signs, and disregarding weather conditions.
In Florida, the statistics show that in 2021, the number of drivers working for these rideshare platforms exceeded 100,000, a number that definitely increased after the worst years of the COVID-19 pandemic. By that date, Uber and Lyft were the most popular platforms in the state, but other similar companies such as InDrive, Curb, iRYDE, and Freebee have now also set up shop.
To talk about liability during a ridesharing accident, it is necessary to understand that drivers for Uber, Lyft, InDrive, or any other ridesharing company are not full-time employees, nor do they have full rights or protections, so their insurance coverage works differently than other transportation systems, such as taxis, for example.
In Florida, liability may fall on several parties, depending on the circumstances of the accident. If the negligence of the driver of Uber, Lyft, or any other similar service caused the accident without using the app at the time, they will be found at fault, which complicates the process of obtaining a claim since most personal insurance policies exclude the use of the car for commercial activities such as transporting passengers for payment.
However, if the accident occurred during the course of a rideshare route, the companies provide coverage, although the rules change depending on the time of the trip. There may also be situations where the crash was caused by another car or pedestrian outside the rideshare platform, so any claims should be directed at those responsible parties.
If it is proven that the crash or collision was not caused by their conduct, the rideshare driver can also present a claim. If the rideshare company fails to keep its service platform up to date and causes an accident, for example, indicating an unverified route of travel, including abusive terms in the contract, or failing to provide adequate insurance coverage, the driver can also take legal action to protect himself.
On the other hand, they have the possibility to demand compensation if the violent actions of a user caused psychological and physical injuries or if the vehicle was vandalized during the trip because the company's digital system failed to block this passenger, who had a previous history of aggressive behavior.
For Uber, the most widely used ridesharing service globally, coverage can vary significantly from one trip to another. The amount they are willing to pay depends on factors such as the specifics of the accident, including its causes and the time it occurred. In this context, driver insurance typically includes three key factors:
If one day you decided to avoid the heavy city traffic and go home or go to work using Uber or Lyft services and suffered injuries during an accident, you have the right to sue for compensation, including:
Given the complexities of these processes, we recommend you hire a rideshare injury attorney like those at Gallardo Law Firm to represent you against these powerful insurance companies and agencies.
When you are involved in an accident against a vehicle offering ridesharing services, not as a passenger, but as a pedestrian or cyclist, you are also entitled to file a lawsuit, both against the driver and the ridesharing company. In the first case, the Uber or Lyft provisions come into effect with respect to whether the incident occurred while the app was in use, whether they were waiting for a ride, or whether the driver was completely offline.
Another situation may arise if the platform in question committed negligence in hiring and supervising the driver, such as if they have a criminal record or even when the company's policies contributed to the crash or collision. If this occurs, you also have the prerogative to sue it.
If you are visiting the city and suffer an accident with Uber, Lyft, or any other similar service, you may be able to file a claim. The Florida laws that come into play will determine the outcome of your case and will indicate that your initial medical care expenses may be covered by the driver's insurance policy based on PIP (Personal Injury Protection) requirements.
It is also important to know that if you have medical insurance in your home state, you can use it to cover additional expenses not covered by the rideshare insurance.
Yes, these companies are obligated to ensure the safety of their users and to operate their vehicles in a responsible manner under the concept of duty of care, so if they drive recklessly or speedily, the company to which they belong may be considered negligent.
In Florida, taxicab companies need a commercial insurance policy that covers bodily injury, property damage or personal property, and uninsured and underinsured motorist coverage.
These companies can be sued for direct liability for failing to frequently maintain vehicles or hiring unverified drivers or for vicarious liability, which refers to negligent actions on the part of their operators while carrying a passenger on board.
The fundamental difference with respect to companies such as Uber or Lyft has to do precisely with the fact that cab drivers have continuous commercial insurance for each car, while digital platforms have company-level coverage that depends on the status of the driver's app.
Another distinguishing feature is that a cab company's workers go through a more rigorous vetting process than Lyft, Uber, or some other similar service, including, in addition to criminal background checks, the use of fingerprints. Also, in the process of claiming compensation for injuries during an accident, traditional businesses tend to have more straightforward processes as they typically involve only the cab company's commercial insurance.
The first step is the most difficult, especially when facing the material, physical, and emotional repercussions of a traffic accident, in which you were confident and relaxed because you were counting on the professionalism of a driver recommended by Uber, Lyft, or similar services. But that fear cannot overcome you, and for that, the best alternative is to seek a legal team focused on rideshare liability.
Call the Gallardo Law Firm today to schedule a free initial meeting where you can find answers to all your questions and see our firm's extensive knowledge of the insurance policies governing these powerful companies. This means that we understand in detail the workings, pitfalls, and small loopholes of these policies, which we can use to your advantage and guarantee you the highest possible compensation.
