Recovering Damages After An Uber/Lyft Accident

After a rocky start, Uber and Lyft have carved out a place for themselves in the transportation sphere in many U.S. cities, providing a valuable service for millions of people. However, their drivers are just as fallible as any other, and accidents involving rideshare cars do happen in Florida. If you have been involved in an accident with a rideshare vehicle, either as a passenger, driver, or pedestrian, there are certain scenarios in which the transportation company may be liable for the harm you have suffered.

Special Classification, Special Insurance Coverage

Florida classifies rideshare businesses like Uber as ‘transportation network companies.’ The classification allows the state to impose different auto insurance requirements for drivers, with certain coverage only active when the company’s app is active. Most big rideshare companies have at least $1 million in insurance coverage, and when the app is on and passengers are in the vehicle, that coverage extends not only to passengers, but also to other motorists, pedestrians, and cyclists (both bicycle and motorcycle).

If the app is off, a driver’s personal coverage will apply in any accident, but many drivers carry far less coverage, if any at all. Florida is a no-fault state, and by law, a driver is required to carry at least $10,000 in personal injury protection (PIP) coverage and the same amount in property damage liability (PDL) coverage. However, data from the Insurance Information Institute (III) estimates that as many as 16 percent of Florida drivers do not carry this coverage. Sometimes, an injured plaintiff may have no recourse but to file suit.

Claims Can Be Complex

There are many different reasons why this type of accident can happen, but many of them can be traced back to driver negligence. Negligence is a legal theory under which four points must be established before a defendant can be held liable. A duty to exercise reasonable care toward each other must have existed (and in Florida, all road users have that duty toward all other road users). That duty must have been breached, causing damages, and the breach must have been directly as a result of the defendant’s actions, with no other intervening cause.

It may be tempting to try and handle this type of claim yourself, particularly if your injuries are tangible and serious. However, this area of law is complex in Florida, potentially involving multiple defendants, a mountain of evidence, and a lot of time and trouble. Enlisting the right attorney can make all the difference in terms of getting you the compensation you deserve. This is a relatively new area of law, and you need the right firm to help you navigate it.

Contact An Orlando Rideshare Accident Attorney

If you have been in an accident with a rideshare car, it may feel too overwhelming to file suit for your injuries – but you have the right to seek compensation if you believe that negligence caused you harm. An Orlando car accident attorney from the Hornsby Law Group can help to answer any questions you may have about your options – call us today for a free consultation.

Source:

leg.state.fl.us/statutes/index.cfm?App_mode=Display_Statute&URL=0600-0699/0627/Sections/0627.748.html