serious injuries
serious Attorneys
Zarzaur Law P.A.

Who Is Responsible If You Are Seriously Injured in An Accident Involving a Lyft® Or Uber® Driver in Florida?

Rideshares such as Uber® and Lyft® have revolutionized the transportation industry. In the U.S. alone, there are hundreds of millions of rides every year.

According to data released by Forbes, the number of annual Uber trips has increased substantially since 2014:

  • 2014: 140 million
  • 2015: data unavailable
  • 2016: 1.8 billion
  • 2017: 3.7 billion
  • 2018: 5.2 billion
  • 2019: 6.9 billion

 


AS THE NUMBER OF UBER AND LYFT RIDES HAS INCREASED, SO HAVE THE NUMBER OF RIDE-SHARE ACCIDENTS – MANY LEADING TO SEVERE OR CATASTROPHIC INJURIES AND EVEN FATALITIES.


Studies have found that motor vehicle accidents have risen by about three percent since the widespread introduction of Uber. Uber is thought to cut down on accidents that would be caused by intoxicated drivers, who use Uber to get home rather than getting behind the wheel after consuming alcohol. However, on the other hand, Uber drivers are especially susceptible to risky behavior behind the wheel such as distracted driving due to drivers’ need to focus on their cell phones, or drowsy or fatigued driving due to many drivers working long and late hours.

Study By The University Of Chicago Booth School Of Business Reveals Some Troubling Statistics:

The University of Chicago’s ride-share accident report also included statistics from the National Highway Traffic Safety Administration (NHTSA) and compared accident rates in various major cities where the ride-share apps were first launched (relative to the total number of vehicle miles traveled).

  • Nearly 1,000 daily car accident deaths are due to the increasing number of rideshare vehicles on the road.
  • Uber vehicles were involved in 97 fatal crashes between 2017 and 2018.
  • Those crashes led to 107 total wrongful deaths.
  • 21% of those car crash victims were riders
  • 21% of those car crash victims were drivers.
  • The remaining 58% of those car wreck victims were third party drivers or passengers.

While the crashes may be the result of the negligence of others, serious injuries and wrongful deaths often occur.

Ubers’ Liability in Providing Insurance Coverage

Florida law regulates the insurance coverage required of ride share companies. Riders will be shocked to learn that they may be barely covered by insurance that may compensate them for injuries and losses in such crashes.

Florida Statue 627.748 outlines the insurance requirements for such companies. When the driver is logged onto the network, but not engaged in a ride, the insurance requirements are $50,000 per person and $100,000 for bodily injury and wrongful death per incident, and $25,000 for property damage. In other words, if a driver is driving the vehicle waiting to get a ride call, and negligently causes an injury or death, that is the maximum that the company is liable for.

Who’s Insurance Applies?

When the driver is engaged in a pre-arranged ride (which is defined as from the time the first rider enters the vehicle until the last rider exits the vehicle) the coverage limits must be at least $1 Million for injury, wrongful death, and property damage.

NOTE: Some coverages could include uninsured or underinsured motorist coverage (UM/UIM), but this may be rejected by the insured under the policy. The insured under such policies is usually the company, although the individual driver may obtain a liability policy also.

 

If the individual driver causes the crash, injsured riders will be covered by bodily injury insurance. Still, in cases involving catastrophic injuries, or multiple injuries, the million-dollar coverage may not be sufficient to compensate all victims.

If the driver/company has UM/UIM coverage, it may come into play. Similarly, if a non-passenger is injured by the negligence of the driver, there may be limited insurance.

That is why it is important to have your own UM/UIM policy for protection and hire an experienced personal injury lawyer to assist you with your claim.

TUNE IN – Joe Zarzaur Explains The Importance Of UM Coverage:

https://youtu.be/x5TKLEE-QFc

Uninsured/Underinsured Motorist (UM) Coverage https://youtu.be/M5J_E-qgsok

PIP Coverage from a Provider’s Perspective. https://youtu.be/UvzLC5tE0ao

When An Accident Is Caused By Another Driver

When the car accident is caused by someone other than the driver, and the at fault party did not have BI (bodily Injury) coverage, or inadequate BI coverage, the company’s UM (uninsured motorist) policy may come into play IF the company did not opt out of such coverage. Again, another reason for having your own UM/UIM coverage.

As you can see, crashes involving ride share are common, and present very complex issues of Florida law. If you are injured in such situation, there may be multiple potential coverages available to compensate you for your injuries. It is important to consult with an experienced Florida car wreck lawyer to make sure you are protected in such a situation.

Joe Zarzaur is a Board Certified Civil Trial Lawyer whose personal injury firm is dedicated to promoting community safety since 2007. ZARZAUR LAW’S AREAS OF PRACTICE: Serious Personal Injury, Product Defect, Auto Accidents, Cycling Accidents, Motor Vehicle Accidents, Products Liability, Wrongful Death, Community Safety, Boat and Jet Ski Accidents, Slip and Fall Injuries, and more. Licensed in Alabama and Florida.

If you’ve been the victim of an auto accident in a ride-share vehicle, it’s important that you don’t make any rash decisions. Put yourself in the best possible position to receive the justice you deserve. It is also important to consult with a Board Certified Trial lawyer who has the knowledge and experience to help you. We know accidents can be stressful and want to make the process as easy as possible for you. Call Zarzaur Law, P.A. today at (855) Hire-Joe for a free legal consultation or visit www.zarzaurlaw.com.

Sources:

https://www.technologyreview.com/2018/10/25/139300/uber-and-lyft-are-behind-a-sharp-rise-in-us-traffic-deaths/

https://news.uchicago.edu/story/ride-hailing-services-may-be-driving-traffic-deaths

https://www.businessinsider.com/uber-lyft-ride-hailing-increases-fatal-car-accidents-new-research-shows-2018-10

https://bfi.uchicago.edu/insight/research-summary/the-cost-of-convenience-ridesharing-and-traffic-fatalities/