Latest Blogs

Safe Roads Alliance President, Jeff Larason, says that although he understands that taxi and limo companies all need to maintain contact with drivers that, “The danger comes from the method of communication and the requirement for a response within a specific timeframe. This provides a financial incentive to drive distracted. Drivers must look at their phones, assess the location and time requirement, make a decision regarding their response and then respond to the inquiry. All of this requires that vision, cognition and manual operation be removed from the act of driving.” 

Distracted driving dangers have been well documented. However, The Wall Street Journal reported on February 10, 2016 that Uber, Lyft and other app-based ride services have created an industry of people behind the wheel who simply must ‘futz’ with their phones.” 

Ridesharing services have become increasingly popular because of their convenience, and Uber and Lyft are now national leaders in the industry. The ridesharing apps are easy for travelers to use, but when a ridesharing service driver uses them to acquire more trips, there can be dangerous consequences. 

How does ridesharing work? 

Each rideshare company has an app you download on your smart phone to use when you need to request transportation. A passenger uses the app to request the type of service they want and their destination. The app uses the GPS on your phone to find your current location and the nearest available driver. Once a driver is selected the app displays the driver’s name, license plate number, and route. As a passenger you are able to track your driver’s location, as well as receive a text message once he/she arrives, according to Finance QA. 

The New York Times reports that a Uber driver receives a loud beeping on his/her phone indicating that there is a service call. A Uber driver typically has 15 seconds to tap the phone to accept the fare. To do this he/she would need to look at the phone, see how far away the customer is and make a decision. If the response does not happen within the 15 seconds, the service call goes to a different driver. In cities like New York City, should a driver not respond to several calls in a row, the driver can be temporarily suspended. Uber responds that they do keep safety in mind and that the driver does not need to look at their device’s screen, they just have to tap it to respond.

The problem of distracted driving 

The International Telecommunication Union states that, “Texting, making calls, and other interaction with in-vehicle information and communication systems while driving is a serious source of driver distraction and increases the risk of traffic accidents.” 

Both driving and cellphone use require a great deal of thought. The National Safety Council says that when trying to do both at the same time, the brain is unable to do either one well. The distraction of a cellphone while driving can often result in delayed braking times and not seeing traffic signals making crashes much more likely to occur. 

Does Florida have laws against using cellphones/smartphones while driving? 

There are Florida statutes which prohibit the use of portable electronic devices while operating motor vehicles. These include: hand-held mobile telephones, personal digital assistants (PDA), handheld devices with mobile data access, laptop computers, pagers, broadband personal communication devices, two-way messaging devices and any other electronic device used to input, write, send, receive or read texts for present or future communications. 

Can ridesharing companies be held liable for accidents involving distracted drivers? 

Ridesharing companies like Uber and Lyft say they cannot be held liable for the actions of the drivers because the drivers are not employees of the companies, but independent contractors whose personal vehicle insurance may be used to cover damages. Uber argues, according to Uberpeople.net, that it does not provide the transportation services nor is it in the transportation business. “Because the drivers, as alleged independent contractors, have discretion concerning whether and when to make themselves available to receive ride requests through the Uber app, it has no liability should its drivers’ attention be diverted when reviewing and replying to potential rides while driving. 

“Accidents involving rideshare services can raise unique liability issues. If you or someone you love has been involved in a ridesharing auto accident, contact the attorneys at Spivey Law Firm, Personal Injury Attorneys, P.A. to determine your rights,” said Fort Myers Vehicle Accident Attorney, Randall Spivey.

Fort Myers Vehicle Accident Attorney,  Randall L. Spivey is a Board Certified Trial Attorney – the highest recognition for competence bestowed by the Florida Bar and a distinction earned by just one (1%) percent of Florida attorneys.  He has handled over 2,000 personal injury and wrongful death cases throughout Florida.  For a free and confidential consultation to discuss your legal rights, contact the Spivey Law Firm, Personal Injury Attorneys, P.A., in Lee County at 239.337.7483 or toll free at 1.888.477.4839,or by email to Randall@SpiveyLaw.com.  Visit SpiveyLaw.com for more information.  You can contact Spivey Law Firm, Personal Injury Attorneys, P.A.in Charlotte County at 941.764.7748 and in Collier County 239.793.7748.