Tampa Rideshare Lawyer

As with any motor vehicle on the roadway, rideshare vehicles in Tampa may become involved in accidents. When they do, accident victims—including rideshare passengers as well as occupants of other vehicles—often wonder whether the insurance complexities of this trending mode of transportation will prevent them from getting the compensation they need to pay for medical and other expenses related to the accident. They may get the runaround from the driver, the rideshare service, or their own PIP insurance carriers.

If this happens to you, don't fight those battles. Instead, call the Tampa Rideshare Lawyers at Dolman Law Group Accident Injury Lawyers, PA. We understand the complexities of these cases and have the results to show for it, having recovered millions of dollars for our clients.

If a rideshare accident injured you, let us help you find a way to pay for the bills that keep piling up.

About Rideshares

As explained by Commercial Driver HQ, the historical definition of ridesharing was essentially carpooling where one person rode in another person's car and split the costs of gas and other expenses for the trip. However, when Uber began offering its services to the general public in 2011 as a cost-effective alternative to traditional taxis, it not only changed the definition of ridesharing, but changed the face of public transportation.

Uber is a company that connects people needing a ride to approved drivers in the area. The riders and logged-in drivers match with one another on the company's smartphone app, which supplies the driver with details as to where the rider needs to be picked up from and dropped off at. The company's app also processes all payments for the ride, and keeps a share of the earnings (5-20 percent) for itself, while depositing the rest of the fare into the driver's account.

In 2012, Lyft began offering similar rideshare services and became Uber's strongest competitor. While Uber is worldwide, Lyft has remained mostly in North America. While Uber has branched off into offering a variety of services, including scooter rentals and food delivery, Lyft has continued to obtain most of its revenue through its ridesharing program. Other rideshare companies have joined the fray, offering their own twist on this new digital transportation model, but Uber and Lyft are the two companies taking the majority of the rideshare market share.

Today, according to Statistica, about 95 million customers use Uber a month worldwide. Lyft's services were used by about 32 million people each month in the United States. An estimated 37 percent of individuals aged 16 to 24 actively use Uber. About a quarter of Uber users in the United States use the rideshare's services at least once a month. Users state that their favorite thing about rideshare apps is the convenience. Users are most likely to seek the services of a rideshare when going to or from dinner or a party.

But their drivers get into accidents. It was New Year's Eve near Tampa, and two Uber passengers thought they were doing the right thing by using a rideshare to transport them for the evening instead of risking the consequences of drinking and driving. Unfortunately, it didn't quite work out that way, as the vehicle they were riding in was hit by an alleged drunk driver.

The accident caused the death of one of the passengers and injuries to the other passenger, as well as the Uber driver. The two injured individuals were taken to the hospital but were expected to survive. The 41-year-old alleged drunk driver was arrested and charged with multiple DUI-related crimes, including DUI manslaughter and two counts of DUI with serious bodily injury.

How Are Rideshares Different from Taxis?

Rideshare platforms are essentially “dispatchers” that facilitate the transportation arrangement between the rider and the driver. The entire process, except for the ride itself, takes place on the app, with the rideshare company setting the fare for the trip and providing that information in an in-app display for the passenger before the passenger completes the ordering process.

Rideshare drivers have, since the concept's inception, been considered by the platforms as independent contractors, meaning they choose when they want to work, receive no set wage or benefit package from the rideshare company, and are responsible for the payment of taxes for their earnings. Most rideshare drivers use their own vehicles for the job, though Uber and Lyft both offer opportunities for drivers to lease vehicles for a fee.

Taxi cab drivers are sometimes employees of a taxi company and may work set shifts. They may not own their own vehicles. Their customers may arrange for a ride through a website or app, but taxi drivers may also accept “hailed” rides where the passenger sees them and flags them down on the street. The vehicles they drive are generally branded with the company logo and have an exterior light that illuminates when the driver is available to provide transport services.

Are Drivers Properly Vetted?

There is plenty of news coverage on rideshare dangers that beg the question as to whether anyone is allowed to drive. However, Uber and Lyft both have certain criteria that those applying to become drivers are required to meet, including:

• Age requirements. Both companies require drivers to be at least 21 years old. However, in most places in Florida, drivers are required to be at least 25.
• Vehicle condition. The driver's personal vehicle that he or she plans to use for ridesharing must be in good repair and relatively new. In most places, vehicles cannot be older than 10-15 years. The vehicle must have four doors and must be registered and insured in accordance with state laws.
• The drivers must be medically fit to provide the service and have a valid driver's license. Additionally, they must pass a background check and have an acceptable previous driving record.

Both rideshare companies have branched out to offer additional services, including luxury vehicle transport services, which may have different requirements.

Whose Insurance Will Cover My Injuries?

If you're involved in an accident in which you are a rideshare passenger, rideshare driver, or you're an occupant of another vehicle involved in an accident caused by a rideshare driver, the insurance available to compensate you for your injuries depends on:

• Your PIP insurance: If you have a vehicle registered in Florida or someone in your family who resides in the same household as you does, you may be able to access PIP to cover 80 percent of your medical expenses and 60 percent of lost wages after an accident, regardless of who is at fault. This coverage should be available to you even if you are a passenger in a rideshare vehicle. If you are injured in an accident with a rideshare driver's vehicle while you're a passenger in someone else's vehicle, their PIP coverage will likely be extended to you.
• The driver's personal insurance: If you're involved in an accident with a rideshare driver while you are driving your own vehicle or are a passenger in someone else's vehicle, the driver's personal insurance may come into play after you've exceeded your PIP limit or if you've incurred an injury that meets the state's serious injury threshold.
• The driver's personal insurance if you're a passenger: If you're a passenger in a rideshare vehicle, your driver's PIP insurance will not cover you as PIP is not available for commercial uses.
• The rideshare company's insurance policy: If you're a passenger in a rideshare vehicle, the rideshare company has a policy to cover you if you're in an accident during transport. Both Uber and Lyft provide similar coverages of up to $1 million of bodily injury or uninsured motorist coverage for accidents that occur while a driver is transporting a passenger.
• Insurance coverage if you're the rideshare driver: Uber and Lyft offer tiered coverage when it comes to drivers and accidents. If you're a driver for one of these companies and you are involved in an accident while you're using your car for personal purposes without your driver app engaged, your own insurance will cover your damages—including your PIP policy that you're required to have in accordance with Florida's no-fault law. If you're involved in an accident while your driver app is turned on but you haven't accepted a ride, each company provides limited coverage for bodily injury, uninsured motorists, and property damage liability. If you have your app turned on and you're either en route to pick up a passenger or you have a passenger in your vehicle when the accident occurs, the rideshare company's full $1 million policy may be in play.
• Another driver's insurance: If you're a rideshare driver or passenger and you're injured in an accident caused by someone else, their insurance policy may be accessible through a third-party claim.

An insurance gap for drivers exists at the point where they're logged into their app and waiting for a ride. At this point, if they're involved in an accident, their personal insurance likely won't cover their damages as they're using their personal vehicle for commercial purposes. However, the insurance that the rideshare companies offer at this stage is minimal and is mainly centered around liability for injuries you cause to others rather than injuries that you may experience yourself. This is why many insurance companies offer additional coverage for rideshare drivers that picks up the part of the gig that involves being available to accept rides but not transporting a passenger.

Unfortunately, many times insurance companies use the presence of the word “rideshare” to deny claims, either as the insurer of the driver, or the rideshare company. It is important to have an experienced uber accident attorney on your side who understands how rideshares work and how the laws are designed to protect accident victims, whether as passengers or drivers of their own car or of a rideshare vehicle.

Can Uber or Lyft Be Named as Liable Parties in Lawsuits?

Uber and Lyft have both built a cushion around themselves in regard to liability for wrongful acts by their drivers. By designating their drivers as independent contractors, they not only save money that would be spent on payroll and benefits for driver employees, but they also limit their liability in civil claims for cases involving everything from the wrongful death of a pedestrian while testing a self-driving car with a backup driver to a driver having a gun in the vehicle, contrary to company policy. The rideshare companies instead insist that they are merely intermediaries or “technology companies” who are not responsible for providing transportation services.

Lawmakers in various states, including California and New York, are currently battling this designation, pushing for rideshare drivers to be designated as employees, entitled to minimum wage and afforded the legal protection of the company that hires them. While the companies are intensely fighting this designation, it stands to change the rideshare game once again if these laws succeed and additional states follow suit.

In the face of the California law that seeks to limit a company's ability to designate those doing the work that it derives revenue from as independent contractors, Uber, Lyft, and other gig companies are seeking a compromise that may allow them to continue to use their current business models while offering additional employee-type perks such as a minimum pay for the hours they work, a benefit fund to provide for paid time off, and the development of a drivers' association to advocate for their interests.

In a joint letter, the companies stated that this challenge is “an opportunity to work with legislators and labor groups to find a different solution” that not only allows drivers to continue working independently when they want, but also to “improve the quality and security of that work.”

Additional Tampa Ridesharing Frequently Asked Quesitons FAQs

If you use a ridesharingservice for transportation, you are not alone. According to research by the Pew Research Center, approximately half of the nation's population aged 18 to 29 use the service, with usage among other age groups growing. Understanding how ridesharingworks and what happens when your ride turns tragic is essential information for customers. If you experienced a serious injury due to a negligent Uber, Lyft, or another type of ridesharingdriver, you may want to contact our Tampa rideshare lawyers without delay.

Learning more about ridesharingservices is important for your safety. Below we answer some of the most frequently asked questions regarding ridesharing services to help you better understand this growing industry.

Call Our Tampa Rideshare Attorneys Now

While rideshare services indeed provide convenient transportation and a simple way for drivers to make money, the current model not only comes with inherent risks for all concerned, but also offers significant legal complexities when it comes to determining liability and compensation after an accident.

If you were injured in an accident involving a rideshare—either as a passenger, driver, or the occupant of another car—our experienced Tampa rideshare lawyer can help you understand the process of seeking compensation. With offices across both Florida coasts, you can easily reach Dolman Law Group Accident Injury Lawyers, PA, and Dolman Law Group Accident Injury Lawyers, PA, at 833-552-7274 (833-55-CRASH), or you can contact us online for a free case evaluation.

Tampa Office
13513 Prestige Pl. Suite 103
Tampa, FL 33635
(813) 303-0916