Can You Sue After a Rideshare Accident in Fort Lauderdale?
Rideshare services like Uber and Lyft have become a routine part of getting around Fort Lauderdale. Whether you’re heading to the beach, catching a flight out of FLL, or just avoiding the hassle of parking, these apps are convenient. But what happens when the ride turns into an accident? Can you sue? Who is actually responsible? The answers depend on a few key factors, and understanding them could make a significant difference in what compensation you’re able to recover.
Who Can Be Held Liable in a Rideshare Crash?
Rideshare accidents are more legally complex than typical car crashes because multiple parties may share responsibility. Depending on how the accident happened, liability could fall on one or more of the following:
- The rideshare driver, if their negligence caused the collision, such as distracted driving, speeding, or running a red light
- Another driver, if a third party caused the crash and the rideshare vehicle was struck
- The rideshare company, in situations where their insurance coverage applies
- A vehicle manufacturer, in rarer cases involving defective parts that contributed to the accident
If you were a passenger in the rideshare vehicle at the time of the accident, you generally have strong grounds to pursue compensation regardless of which driver was at fault, since you did nothing to cause the crash.
How Florida Law Governs Rideshare Insurance
This is where things can get complicated. Florida Statute Section 627.748 establishes a tiered insurance system for transportation network companies (TNCs) like Uber and Lyft. The coverage that applies depends entirely on what the driver was doing at the moment of the crash.
When the driver has the app off and is using the vehicle personally, only their personal auto insurance applies. When the driver has the app on and is waiting for a ride request, the law requires minimum liability coverage of at least $50,000 per person and $100,000 per accident for bodily injury. But once the driver has accepted a ride and a passenger is in the vehicle, the coverage picture changes significantly. Both Uber and Lyft carry $1 million in primary liability coverage during an active trip, which remains in effect until the passenger exits the vehicle.
Why does this matter to you? Because if you were injured while the driver was between rides or had just logged on, the available coverage may be far lower than if you were an active passenger. Knowing which “period” applied at the time of your accident is a critical first step in understanding what compensation may be available.
What Damages Can You Recover?
If you were injured in a rideshare accident caused by someone else’s negligence, you may be entitled to recover compensation for medical bills, lost wages, future medical care, and pain and suffering. In cases involving serious injuries like broken bones, spinal injuries, or traumatic brain injuries, these damages can add up quickly. Florida’s modified comparative negligence rules also apply, meaning your recovery could be reduced if you are found to bear any share of fault, which is another reason it matters how the accident is investigated and presented.
Contact Us Today for Help
Rideshare accident claims involve layers of insurance coverage, company policies, and Florida law that can be difficult to navigate on your own. If you or someone you love was hurt in an Uber or Lyft accident, we encourage you to reach out to Boone & Davis. Our Fort Lauderdale auto accident lawyers have the experience to cut through the complexity, identify all potential sources of compensation, and fight for the full recovery you deserve. Contact Boone & Davis today for a free consultation. There is no fee unless we win your case.
Source:
flsenate.gov/Laws/Statutes/2024/627.748
