The law governs ridesharing services of transportation network companies (TNC). This statute mandates that all Uber, Lyft, and other transportation network companies carry auto insurance coverage for drivers who transport passengers for money. In every state, including Florida, Uber and Lyft must maintain a minimum of $1 million of liability insurance coverage to pay for their passengers’ personal injuries or wrongful death.
In addition, the rideshare driver must also maintain liability insurance on their vehicle:
- $50,000 bodily injury per person per accident
- A maximum of $100,000 per accident
- $25,000 for property damage
A TNC connects drivers and passengers for prearranged rides on digital networks. TNC drivers connect to the digital network per their written contract with the TNC. Uber and Lyft are the most well-known TNCs that help transport Gainesville passengers every day.
Florida Statute defines Lyft and Uber as TNCs that don’t operate or own their motor vehicles and don’t manage or employ their drivers.
If you suffer injuries in a crash involving a rideshare vehicle, taking on a TNC can present many challenges. Always seek help from the experienced rideshare accident lawyers at Steven A. Bagen & Associates, P.A. immediately.
Car accident claims are frequently much more complex and challenging when a ridesharing company is involved. Many different parties can be involved, all trying to point fingers at each other. It’s easy to become frustrated and confused or even feel like giving up on your rideshare accident claim. However, reliable and effective legal help is available at Steven A. Bagen & Associates, P.A.
Were you or a family member involved in a car accident with an Uber or Lyft driver? If so, you might be eligible to receive financial compensation for your damages. However, if you don’t pursue an accident claim, you may walk away from all the money you deserve for your injuries.
For over 40 years, the Gainsville attorneys at Steven A. Bagen & Associates, P.A. have helped thousands of injured parties and their families recover millions of dollars in compensation. We know that suffering injuries in a rideshare accident can be confusing and overwhelming. Our attorneys combine compassion and dedication with knowledge and experience to provide you with the best legal process possible.
Some of our recent results include:
- $1 million for a car accident client rear-ended by a work vehicle, causing back injury
- $1 million for a car accident client rear-ended on I-4, aggravating her prior low back injury.
- $305,000 for a car accident client who was a passenger in a vehicle on the interstate when suddenly a semi-truck changed lanes directly into them, causing neck injury
- $749,000 for a car accident client who was a passenger in her husband’s pickup truck when an uninsured vehicle rear-ended them, causing her contact lenses to shift and requiring eye surgery
- $500,000 for husband and wife car accident clients in their pickup truck when they were slammed from the side by a Chevy Corvette, sustaining neck, back, and shoulder injuries.
While rideshare services have many benefits—such as decreased drunk driving accidents, convenience, the environment, and even potential money savings—they also cause their fair share of problems. Statistics show how concerning these services might be.
Ten years ago, the number of fatalities on U.S. roadways totaled 32,885 for the year—the lowest since 1949. Experts attribute this decrease to many public initiatives focused on using seat belts, avoiding drunk driving, increasing safety features, and other factors.
However, only a few years later, that figure had swelled back to 37,461. One substantial reason for this, researchers believe, is rideshare services. Consider that the onset of ridesharing services caused an approximate three percent annual increase in traffic fatalities, just under 1,000 people annually. These accidents alone cost society between $5.33 and $13.24 billion.
Other rideshare statistics of note include:
- Ridesharing is a $61 billion industry.
- Experts expect the rideshare market value to reach an estimated $220 billion by 2025.
- About 25 percent of the entire U.S. population uses rideshare services at least monthly.
- Uber has more than 3.8 million drivers globally.
Rideshare drivers are more likely to cause or be involved in a crash than your average passenger vehicle driver for many reasons inherent to the nature of their job.
For example, they:
- Are frequently distracted from the task of driving by their passengers or rideshare app
- Are driving in locations they aren’t very familiar with, which requires referencing their navigational app or GPS
- Are hurried to get passengers where they need to go resulting in erratic driving behaviors like speeding, running stop signs or yellow/red lights, following too closely, and weaving in and out of traffic
- Stop or park in bike lanes or at bus stops for convenience or to save time
- Are often fatigued as working as a driver for a TNC is often a second job that pays more overall during late night or early morning hours
In addition, rideshare car accidents can happen for all the reasons other car accidents happen too.
Other causes might include:
- Impaired driving
- Defective vehicles
- Distractions from cell phones or infotainment systems
Uber and Lyft are both incorporated and licensed in the state of California. However, they (and other rideshare companies) must maintain a minimum of $1 million of liability insurance coverage to pay for their passengers’ personal injuries or wrongful deaths in every state—including Gainesville, if their drivers are liable for the accident.
Even still, rideshare companies, insurance carriers, and opposing legal counsel frequently try every trick in the book to blame the injured party for the rideshare accident. If they are successful, they can decrease their monetary liability, keeping more profits for themselves. However, even if it seems clear that a rideshare driver caused your accident, representation from a seasoned Gainesville rideshare accident attorney is the best way to deal with insurance companies.
In most cases, a rideshare passenger will only be legally responsible for the car accident if they did something that caused the driver to lose control of their vehicle. For instance, if a passenger assaulted the driver or was drunk and grabbed the steering wheel resulting in the collision.
Even if you weren’t a rideshare passenger but were a motorist or passenger in another vehicle involved in the accident with a rideshare driver, you still have the right to seek compensation for your damages. For example, if the rideshare driver (or their passenger) caused the accident, their insurance policies will need to cover your damages.
Steps to Take After an Uber or Lyft Accident
The steps you do or don’t take after being involved in an accident with a rideshare driver can significantly impact the outcome of your injury claim. Be sure to do the following:
Report the Accident to Law Enforcement
If you are involved in a rideshare accident, make sure that someone calls law enforcement to make an accident report. This report will help serve as evidence of the crash.
Get Medical Attention
Seek medical attention as soon as possible, even if you don’t feel like you have serious injuries. It’s common for some car accident injuries not to have pain or other symptoms until later. Having a medical professional document your injuries and symptoms as soon as possible increases the chances that you will receive full and fair compensation for your injuries. If you fail to take this step, you might face accusations of sustaining those injuries after the accident occurred in some other way.
Report the Accident on the Rideshare App
When you can, report the accident on the appropriate rideshare app.
Contact the Rideshare Company
Contact the rideshare company to file a claim. You will need to tell the representative when and how the accident happened, but avoid answering any specific medical inquiries or related questions. They might act like an insurance claims adjuster and assess your pre-existing conditions to decrease their liability for your rideshare accident.
Providing the least information possible and leaving the rest up to your Gainesville rideshare attorney will benefit you.
During this call or shortly after, the rideshare company must give you specific information, such as:
- The rideshare driver’s insurance information
- The precise times the driver was active on their app
- The names of other insurance companies involved in the claim, such as the driver’s private insurance company.
- The limits and exclusions of each policy involved in the individual accident claim
Contact an Experienced Rideshare Accident Attorney
After a rideshare accident in Gainesville, one of your first steps should be to contact an experienced rideshare accident attorney. The sooner you reach out to an attorney, the sooner you can protect your rights, maximizing your claim. Your lawyer can help ensure that you are taking the appropriate steps and even complete them for you so you can focus on healing from your injuries.
How Long Do You Have to File a Rideshare Accident Lawsuit?
If you or a loved one sustained injuriesin a Gainesville rideshare accident, the law limits the time you have to file a lawsuit to pursue compensation. The statute of limitations is two years, so you have two years from the date of your accident to file a formal lawsuit for injury compensation. If this deadline passes and you or your attorney haven’t filed a lawsuit, you forgo your rights to seek financial recovery further.
Contacting a lawyer as soon as possible after an accident is imperative so you don’t miss this deadline. Your attorney will be well aware of the statute of limitations that applies to your case and any other critical legal deadlines.
Should You Settle Your Claim?
Whether or not you decide to accept a settlement is a decision you must make. Your lawyer can guide you regarding a fair settlement for your specific claim, but they can’t decide for you. The value of your claim depends on your particular damages and their extent, the evidence you have in support of your claim, and the coverage limits of any applicable insurance policies.
Suppose you decide that you didn’t receive a fair offer. In that case, a reputable lawyer will be ready to take your lawsuit to trial. At trial, a judge or a jury will determine if you deserve to receive compensation for your injuries and, if so, how much.
What Are Compensable Damages?
You deserve compensation if you suffer losses and inconveniences due to another party’s negligence, such as a rideshare driver or another motorist. How much compensation you deserve depends on the types and severity of your compensable damages. These damages can fall into two categories; economic and non-economic. Both categories can include past and future damages you will suffer from injuries.
Economic damages represent financial losses. The most common types of economic damages in rideshare accidents are medical expenses and lost wages. Other economic damages include property damage and legal and travel costs.
Non-economic damages are less concrete and, as such, more difficult to value. They don’t have an already assigned price tag.
Your non-economic damages might include:
- Pain and suffering
- Scarring and disfigurement
- Loss of enjoyment of life
- Mental anguish
- Loss of consortium
Your Gainesville personal injury lawyer can help you identify the damages that apply to your case. This will help them determine how much your case is worth and what you might want to settle your claim for should you receive settlement offers.
While rideshare services and technologies have revolutionized convenient travel in modern America, they also come at a cost. If you or someone you love recently suffered injuries in a rideshare car accident, you need an advocate in your corner who will fight for the compensation you deserve and protect your rights. You will find such an advocate at Steven A. Bagen & Associates, P.A.
You can reach us at (800) 800-2575 or online. Contact us today for your free rideshare accident consultation and get your claim started.
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