For tourists and locals alike, rideshare drivers provide a much-needed service around Delray Beach. But what happens when their cars end up in an accident? Who is responsible and who can be held accountable?
These are legal questions that only a qualified car accident attorney can help provide the answers to. If you were in an accident with a Lyft, Uber, or another rideshare driver, you should contact the offices of Eltringham Law Group to help you find answers.
How Transportation Network Company Insurance Works
The independent driver’s own liability insurance is not enough. Drivers, or the company they work for, must obtain Transportation Network Company (TNC) insurance, which only applies when the driver is working. The driver’s private insurance is in force when he or she is off the app and unavailable.
Uber and Lyft, for example, each have a $1 million liability insurance plan. Depending upon the circumstances of an accident, the company’s contracted drivers and their passengers are normally covered if hurt in an accident. But Uber, Lyft, or another company may fight the claim even if the driver was responsible for the accident.
This is just one reason hiring an experienced car accident attorney is vital for your legal claim. Examining whether you should seek compensation through the company’s policy and/or the driver’s private insurance policy is one of many things your Delray Beach ridesharing accident lawyer will examine. Eltringham Law Group will examine all aspects of your accident to seek proper compensation for your injuries.
Proving Fault in a Ridesharing Accident
Anyone who sits behind the wheel of a motor vehicle must follow a duty of care to protect others while on the road. This includes their passengers, other drivers, pedestrians, and so forth. Failing that duty of care is considered negligence and legally becomes fault.
Examples of negligence on the road include:
- Failing to stop at a red light or stop sign
- Distracted driving
- Driver fatigue
- Driving under the influence of alcohol or drugs
If your rideshare driver, or if a rideshare driver in another car, causes an accident due to his or her negligence, he or she can be held accountable for your injuries from that accident. In some cases, so may the company. Lyft, Uber, or any other ridesharing company that did not properly vet the driver before their hiring, could also be found partially responsible.
What about Florida’s No-Fault Rule?
Florida has in place a no-fault system when dealing with car accidents. In general, this means if you were hit by another vehicle, even if it was 100% the other driver’s fault, you should first turn to your insurance to cover your damages including medical bills and property damages.
If, however, the damages exceed your insurance limits, you may be able to bring a claim against the other driver, their insurance, and in the case of a rideshare driver, the insurance of the ridesharing company.
If you were the passenger in the ridesharing vehicle, you may also have a claim for the injuries you incurred. Dealing with a ridesharing injury accident is far more complicated than that of two private drivers. You need the experience of a ridesharing accident lawyer in Delray Beach to sort it all out.
What a Ridesharing Accident Attorney in Delray Beach Can Do for You
Following an accident when someone has suffered an injury, they should focus on their health and recuperation. You should seek help from a qualified personal injury attorney familiar with Florida laws and rideshare companies. In Delray Beach, David Eltringham, founding attorney at Eltringham Law Group, is just such a lawyer.
When you hire David, he will begin by utilizing his legal staff to develop their own investigation into the accident. If the rideshare driver is responsible, they will find proof to back up the claim. They will:
- Review law enforcement reports and photos
- Interview witnesses who were at the scene
- Examine prior Florida case law and see how former results could affect your case
- Deal with the insurance companies involved
- Deal with the ridesharing company’s high-power execs and lawyers
- Negotiate and be prepared to go to court, should it become necessary
Whether you live in Delray Beach or happened to be involved in an accident here, Eltringham Law Group is the firm that should handle your case.
Is There a Deadline To Hire a Delray Beach Ridesharing Accident Attorney and File a Lawsuit?
Yes. In Florida, you have up to four years from the date of the ridesharing accident to file a lawsuit to fight for the compensation you need following injuries from the accident. Eltringham Law Group will file for you.
The Demands Florida Places on Rideshare Companies in Hiring Drivers
When one private driver hits another, the responsibility lies with the individual who caused the accident. Rideshare drivers are independent contractors who work for a large company. As such, who can be found accountable when a rideshare driver has an accident while on the job, can be complex.
Throughout the U.S., Uber, Lyft, and most other rideshare companies screen their potential drivers by:
- Checking the driver’s license
- Reviewing the individual’s driving record
- Checking out the vehicle registration
- Confirming the driver’s automobile insurance policy
- Performing a criminal background check
In Florida, rideshare companies cannot legally hire drivers who have:
- Ever experienced a driving under the influence (DUI) or reckless driving charge
- Received a felony conviction within the past five years
- Been convicted of a sexual or violent offense
- Been caught driving with a suspended license
What Florida Law Requires of Rideshare Companies
The company must review each of its drivers’ records every three years. Additionally, Florida law requires rideshare companies to:
- Confirm the information provided regarding the driver’s vehicle is correct
- Require drivers to display a photo of themselves, and their license plate number on the company’s app
- Make sure there is an electronic record of all rides on their app
Why Should You Call Eltringham Law Group?
David Eltringham has years of personal injury law experience. He is straightforward and honest. And if he needs help, he is not afraid to ask other legal minds he knows across the country. You can count on Eltringham Law Group to give your case 100% of its attention.
We want to fight for the compensation you so rightly deserve. But don’t take our word for it, see what our clients have to say. Contact Eltringham Law Group today for a free consultation. We are invested in you, and if you don’t win, we won’t charge you a dime.