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What Legal Options Are Available If Injured by a Rideshare Vehicle?

Personal-Injury

Florida Personal Injury Attorney Giving You the Representation You Need for Injuries by Rideshare Drivers

Ridesharing has become a big business in America. While taxi cabs once held a place in the American imagination as the urban and suburban transport of choice, today Lyft, Uber, and other companies hold that role. As of 2024, 28% of Americans use some kind of rideshare service for transportation. 8% of Americans use it on a frequent basis. This represents $150 billion in profits worldwide. Along with this increase in rideshares has come an increase in motor vehicle accidents. For every 100 rideshare trips, road accidents rise by about 5%. Many of these accidents are the fault of rideshare drivers. If you or a loved one have been injured by a rideshare driver, you will need to consider a variety of factors when pursuing compensation for injuries and other expenses.

What is a Rideshare Driver in Florida?

Ridesharing is a service in which an individual uses his or her own vehicle to transport one or more people. While it may seem similar to using a taxi cab, there are a number of key differences:

  •       Vehicle Type
  •       Licensure
  •       Safety
  •       Reliability
  •       Employment Type

The most obvious difference is vehicle type. Taxi companies standardize what kind of car is used for their services. This means no matter where you call a cab in a given city, the same kind of vehicle will pick you up. These vehicles are usually makes and models chosen for their safety and reliability. Ridesharing services allow users to drive their own vehicles. While there are some restrictions placed on what cars can be used, these restrictions are usually much looser than those implemented by cab companies.

Cab companies also use licensed employees. Becoming a cab driver requires an intensive certification process. This involves filling out forms, passing background checks, passing driving tests, and more. Many rideshare services do not require their drivers to meet such intensive requirements.

This raises issues of safety. In many cases, anyone can become a rideshare driver at any time simply by downloading an app. While some rideshare apps reject any drivers with a criminal history, others only reject drivers if they have committed a crime within the past seven years. This means a rideshare driver could have a history of violent crime.

Rideshare apps may also allow people with certain traffic violations to become drivers. In fact, some apps still allow people to become drivers even if they have up to three traffic violations on their record within the last three years. These can include speeding and failure to obey traffic laws. This means a rideshare driver could have recently been cited for traffic violations but still be allowed to drive.

Another key difference between taxis and rideshares is employment type. Taxi drivers are employees of the cab company for which they work. This means if a taxi driver is behaving recklessly and/or hits someone, the cab company can be liable. Rideshare apps do not generally consider drivers their employees. Instead, they act as an employment service matching drivers with passengers. These drivers are considered independent contractors not actually working for the company.

These factors combine to create an increased risk of accidents involving rideshare vehicles over taxis. In fact, the same study that found a 5% increase in accidents for every 100 rideshare drivers on the road found there was no rise in accidents when the number of taxis on the road increased.

Can I Sue a Rideshare Company if a Driver Injures Me in Florida?

In many cases, if the driver of a commercial vehicle causes an accident, it can be easy to file a lawsuit against their employer. However, many rideshare companies do not consider their drivers employees. Because of this, it can be difficult to hold a company liable in the event you or a loved one are injured by one of their drivers. In many cases, handling an accident involving a rideshare driver will be the same as a regular motor vehicle accident. You will collect the other driver’s insurance information and then contact their company. You will also want to contact the police and get a detailed report. In many cases, the rideshare company won’t be involved at all.

Depending on the rideshare involved and the circumstances of the accident, you may be able to take further action. Although they do not consider their drivers employees, many apps carry insurance to protect themselves in the event of an accident. These insurance policies can be very specific. For example, some rideshares insurance policies only take effect if the driver had the app activated on their phone, and/or if they were actively seeking or carrying a passenger. This is meant to protect rideshare companies from being sued or having to pay out to people injured by rideshare drivers.

While rideshare companies may put forth an effort to protect themselves, there are instances where they can be sued. In these circumstances, you can seek compensation from their insurance company. This can be a difficult process. Rideshare companies have access to money and lawyers to protect themselves from liability. Most of the time they will try and shift sole responsibility onto the driver.

What Should I Do if I’m Injured by a Rideshare Driver in Florida?

If you or your loved one have been injured in an accident involving a rideshare driver in Florida, don’t hesitate to contact the Law Office of Jerry Jenkins P.A., located at 17410 Highway 50, Suite 220, Clermont FL 34711, half a mile North of Azalea Park and one-and-a-half miles East of Park Palatlakaha.

A former military policeman with the US Army, Jerry Jenkins has years of experience handling thousands of personal injury cases. He knows when you can hold a rideshare service accountable. He prides himself on helping each and every client collect what they’re owed from both drivers and responsible companies. If you or a loved one have been injured by a rideshare driver, contact the legal team at the Law Office of Jerry Jenkins P.A. at 407-573-7483 or email us for a free consultation. Don’t allow a rideshare company neglect their responsibility to you or your loved ones. Let us hold them accountable.

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