Latest Blogs

Ridesharing applications — such as Uber and Lyft — are widely used and popular, providing Florida customers access to on-demand “taxi-like” services.  As rideshare apps serve millions on a daily basis, serious motor vehicle accidents are basically inevitable. The occurrence of such incidents has given rise to a number of unique challenges for those victims of rideshare accidents.

So, what happens if you’re injured in a rideshare accident?

If you have been injured in a motor vehicle accident involving a rideshare driver (i.e., you were a passenger of the rideshare driver, or you were a pedestrian when the rideshare driver collided with you), then Florida law absolutely entitles you to recover damages to compensate you for the injuries you sustained, and may, in some instances, allow you to recover against the rideshare company itself.  To secure maximum compensation, it is important that you speak with a skilled personal injury attorney as soon as possible.

How Do Rideshare Apps Work?

In order to understand how rideshare liability works, we’ll first have to understand rideshare services themselves.

Rideshare services like Uber and Lyft are peer-to-peer networks that connect individual drivers (using their personal vehicles) with customers in need of a pick-up/drop-off.  Rideshare companies take a cut of the cost of every ride, but unlike traditional taxi companies, they provide rather limited support systems to drivers, and rideshare drivers are not usually full-time.  Generally, rideshare companies will conduct a background check of drivers, will provide safety guidelines to drivers, and will inspect the driver’s motor vehicle to ensure that it is safe for driving customers.

Rideshare Insurance

All rideshare drivers must have minimum motor vehicle insurance coverage, as required by Florida law.  Many rideshare companies provide drivers with default liability coverage as well (in fact, up to $1 million, for Lyft and Uber).

If the driver is not driving a rideshare passenger at the time of the accident, their personal motor vehicle insurance coverage will apply.  If they are driving a rideshare passenger at the time of the accident, however, then the default rideshare coverage will apply.  As such, if you’re a rideshare passenger and are injured, there’s a good chance that you will have access to significant insurance policy coverage.

Rideshare Company Liability

Rideshare companies sometimes attempt to distant themselves from liability in accident cases by asserting that they are not vicariously liable for the victim’s injuries, as the driver is not technically an employee of the company.  Instead, the driver is recruited as an independent contractor.

Even if the court were to accept that the rideshare driver is not an employee, however, the rideshare company can still be held liable through other means!  Rideshare companies must exercise reasonable care in the provision of those services that they are responsible for, such as background checks, vehicle inspections, and more.

For example, suppose that you are a rideshare passenger and your driver’s car is unable to come to a fast stop, resulting in a collision and subsequent injuries.  After consulting with an attorney (who conducts a thorough factual discovery), you find that the rideshare company failed to perform an adequate inspection of the car and its brake system.  This negligence exposes the rideshare company to liability for your injuries.

Contact Randall Spivey today to connect with an experienced Fort Myers personal injury attorney at the Spivey Law Firm, Personal Injury Attorneys, P.A.  We will provide a free and confidential consultation to discuss your legal rights.