How To Determine Liability In An Uber Ride-sharing Accident

Uber and Lyft have become major players in the on-demand transportation industry, operating for several years and leading to a significant rise in traffic congestion.

Consequently, this expansion has also witnessed a rise in motor vehicle accidents, injuries, and major casualties. Uber ride-sharing accidents have become increasingly common today owing to the high demand for ride-sharing services in cities and towns.

When your Uber or Lyft ride takes a wrong turn or faces damage in a collision, it’s important to settle the situation legally. A personal injury lawyer specializing in Uber ride-sharing accident cases can help you claim compensation for the damages incurred.

To determine liability in ride-sharing accident cases, you would benefit from legal advice from an accident attorney to help you decide on the best course of action.

How To Determine Liability In An Uber Ride-sharing Accident
Photo by Thought Catalog on Unsplash.

Can You Sue For Liability In A Ride-Sharing Accident?

Florida Law mandates rideshare companies, such as Uber and Lyft, along with their employees, to follow regulatory protocol in the state of Florida.

The set of requirements and regulations for such companies directly falls under Florida Statute 627.748 (Transportation Network Companies or TNC). The law requires said companies to maintain a permit from the Public Service Commission and a certain level of insurance coverage.

To determine liability in an Uber or Lyft sharing accident, your lawyer will study the case and look into certain incidents, such as:

  • Confirming whether the person behind the wheel was a rideshare driver
  • Confirming whether the rideshare driver was using the ride-sharing app
  • Confirming the contribution and involvement of any other parties
  • Confirming whether you were the passenger riding the Uber vehicle

Factors To Determine Liability In A Ride-Sharing Accident

Ride-sharing accidents have become prevalent in Florida.

Just recently, a Lyft driver and their passenger suffered serious injuries after a hit-and-run case reported down Northwest DC earlier in October. According to authorities, a stolen car crashed against their vehicle, right opposite a D.C. Restaurant.

When you file a claim for a ride-sharing accident, it’s important to prove that the negligence of the opposing party caused your injury. With the help of an Uber accident lawyer, you can describe your case with substantial evidence to prove your claim.

Liability in a ride-sharing accident is considered in the case of:

  • Reckless driving: A case where the driver in the vehicle fails to maintain acceleration and control, might take sharp turns, or be distracted during the drive.
  • Driving under the influence: A case where the driver operates under the influence (narcotics, alcohol, or any other drug) or maybe too fatigued to drive.
  • Illegal parking and speeding: A case where the driver creates unsafe road conditions, like parking too close or speeding past cars on the opposite end.
  • Aggressive driving: A case where the driver might travel in rage, break traffic signals, conduct unsafe passing, take sudden stops, or make the wrong turn

What to Do After a Ride-Sharing Accident in Florida?

The damage caused in a ride-sharing motor vehicle accident can result in economic and non-economic expenses or out-of-pocked grievances, such as:

  • Expenses for long-term medical care
  • Cost of current medical requirements
  • Lost wages, occupation, or earnings
  • Loss of consortium and independence
  • Anxiety, stress, or inability to enjoy life
  • Cost of physical and mental therapy
  • Emotional pain and suffering
  • Physical scars or bodily disfigurement 

If you’ve been part of a ride-sharing accident, here’s what you need to do first.

Get Medical Attention

If you’ve been injured as a result of a ride-sharing accident, seek medical attention immediately. What matters most is your safety and well-being. Any medical treatment you receive due to the accident will help you prove your case all the more.

Florida laws mandate drivers to have PIP coverage. If you receive urgent care or treatment within 14 days of your accident, you can file a legal claim under this policy. But if you’re a passenger in the Uber ride, you might not receive the same level of compensation.

Look Into PIP Coverage

Florida laws require Uber drivers to maintain TNC (Transport Network Company) insurance when transporting customers. The no-fault insurance law requires TNC coverage in Florida for drivers who offer ride-sharing services (Uber or Lyft).

If the TNC driver does not have PIP coverage, then the TNC must provide liability insurance coverage. But such rules are only applicable when the driver is logged into the TNC’s digital network and is available to transport passengers.

The insurance plan features the following policies:

  • $50,000 liability coverage per person
  • $100,000 incidental liability limitation
  • $25,000 insurance coverage for logged-in drivers
  • $10,000 to ensure personal injury protection coverage
  • $1 million minimum liability insurance for transport

Find Uber’s Insurance Limits

Uber as an organization cannot be sued directly.

In most ride-sharing accidents, victims question the liability of the case. Whether it’s Uber or the driver at fault can only be determined based on vicarious doctrines.

All TNCs must compensate their customers for bodily harm in the event of a failed background check or as a matter of civil law violation.

Note that Uber does cover its passengers for bodily injuries. The organization offers uninsured motorized coverage, which can only be claimed if the driver is at fault.

You can file for a rightful claim compensation based on the extent of your injuries and damage caused in your circumstances.

How To Address Liability In Ride-Sharing Accidents

It’s not easy to launch a full-scale investigation after suffering from damage as a result of an Uber ride-sharing accident. It’s important to seek medical attention for your injuries and then look for a suitable lawyer for a legal consultation.

A personal injury attorney who specializes in ride-sharing accidents can help you identify the parties who contributed to the motor accident. They will look for witnesses to testify against the at-fault driver and draft the paperwork to file a legitimate case.

In Florida, you can recover punitive damages if the accident occurred due to negligence or gross behavior. If your Uber ride-sharing accident case is a little more complex, speak to an expert.

**Disclaimer:** The information provided here is for general informational purposes only and should not be considered legal advice. For legal guidance, it is essential to consult with a qualified attorney or legal professional. This disclaimer is not a substitute for professional legal counsel.

Featured photo by Paul Hanaoka on Unsplash.