This compensation usually includes money for economic losses, such as medical bills, and noneconomic losses, such as pain and suffering. A Tampa Uber accident attorney can also obtain additional punitive damages, in some extreme cases.

What Causes Ridesharing Accidents?

Fatigue and distraction are two of the most common causes of ridesharing accidents in Hillsborough County.

Rideshare driving is a full-time job for some. But it’s a part time job for most. Typically, Lyft and Uber drivers have full time responsibilities elsewhere. So, when they get behind the wheel, they are often dangerously fatigued. That’s especially true at certain times of day, such as early in the morning, when most people are naturally drowsy.

Device distraction is another issue. It’s legal in Florida to drive while using a hands-free GPS navigation device. But it’s very dangerous to do so. These gadgets are visually and cognitively distracting. These drivers take their eyes off the road and take their minds off driving. In fact, according to one study, driving while using a hands-free cell phone is as dangerous as driving while intoxicated.

What Determines Fault in a Ridesharing Accident?

A legal concept called the duty of care often determines fault in car wreck claims. Duty is the foundational element of a negligence claim.

Most noncommercial drivers have a duty of reasonable care. They must be mentally and physically fit to drive. Furthermore, while they are behind the wheel, they must watch the road and drive defensively.

Most commercial operators, including Uber drivers, have a duty of utmost care. They must leverage all their skill and experience to get their passengers safely from Point A to Point B. So, rideshare drivers have an affirmative duty to avoid accidents.

Driving in bad weather is a good example of the difference. Noncommercial drivers have a duty to slow down in the rain. Commercial drivers arguably have a duty to stop and wait until the rain stops, or at least slacks off.

How Do You Prove Liability?

Evidence in a rideshare accident claim usually includes the police accident report, witness statements, and medical bills. Attorneys must use this and other evidence to prove negligence, or a lack of care, by a preponderance of the evidence, or more likely than not.

This “other evidence” often includes surveillance camera footage and 3-D accident reconstruction videos. At least one red light or other camera covers pretty much every intersection in the Tampa Bay area. Frequently, attorneys partner with accident reconstruction engineers, who produce videos which dramatically demonstrate their conclusions.

Such evidence is often crucial. Especially in court, the old saying that “a picture is worth a thousand words” often holds true.

Who Pays Damages?

Individual tortfeasors (negligent drivers) are morally and legally responsible for ridesharing accidents. Usually, the company itself is financially responsible for damages.

The respondeat superior doctrine usually applies if the tortfeasor was an employee who was acting within the scope of employment. Pretty much all Uber and Lyft drivers are employees for negligence purposes, even if they are independent contractors for other purposes. Furthermore, any act which benefits the employer in any way is within the scope of employment. That includes activities like deadheading (driving around waiting for a fare).

Other employer liability theories, which usually apply in battery and other intentional tort claims, include negligent supervision and negligent hiring.

Count On an Experienced Hillsborough County Lawyer

Car crash victims are usually entitled to significant compensation. For a free consultation with an experienced personal injury attorney in Tampa, contact Mark H. Wright, PLLC. Attorneys can connect victims with doctors, even if they have no insurance or money.

Resource:

research.chicagobooth.edu/-/media/research/stigler/pdfs/workingpapers/27thecostofconvenience.pdf?la=en&hash=A15B1513F98D7A17B9E37F78DD2EBDC4C6338BFA

Insurance is sometimes an issue as well. Personal auto insurance policies usually don’t cover commercial losses. Therefore, many ridesharing operators are essentially uninsured, even when they are deadheading (driving around waiting for fares).

A skilled Tampa Uber accident lawyer knows how to maximize compensation in a distracted driving wreck. This compensation usually includes money for economic losses, such as medical bills, and noneconomic losses, such as pain and suffering. Furthermore, if the tortfeasor (negligent driver) is uninsured, third party liability theories are usually available.

Duty of Care

Most negligence claims begin with the duty of care. In the ridesharing accident context, this duty is very high.

These operators are common carriers under Florida law. So, they have a duty of utmost care. This duty means that ridesharing drivers are essentially insurers of safe conduct from Point A to Point B.

This responsibility is twofold. Ridesharing operators must take additional steps to avoid accidents. Driving with one eye on a screen and one eye on the road clearly violates this high duty of care. Furthermore, ridesharing operators must pick up and drop off passengers in safe locations. Dark alleys and wet sidewalks are not safe locations.

Evidence Issues

If ridesharing drivers breach their duty of care and cause injury, they could be legally responsible for damages. Victim/plaintiffs must prove negligence by a preponderance of the evidence, or more likely than not.

Typically, evidence in a car crash case includes the police accident report, medical records, and witness statements. Distracted driving crashes also often involve device use logs. Typically, the log shows that the device was on and in use at a particular time. Victim/plaintiffs usually need to establish both these things to obtain maximum compensation.

Cell phone records are private. Attorneys need a subpoena at the least, and probably a court order, to access them.

That’s assuming the device use log is available. Frequently, tortfeasors “accidentally” erase this information before an attorney can obtain it. The data is still there, but it’s more expensive and time-consuming to extract.

A spoliation letter is a better approach. This letter creates a legal duty to preserve all potential evidence, including device use logs, for trial. Hillsborough County judges harshly penalize parties who violate these instructions. Plus, jurors often conclude that the tortfeasor was trying to hide evidence.

Third Party Liability

Ridesharing operators are independent contractors for tax purposes. But they are employees for negligence purposes. That’s because the company controls the driver, in terms of things like passengers picked up and money paid. That control is sufficient to establish an employer-employee relationship in this context.

As a result, the respondeat superior doctrine usually applies. Employers are financially responsible for negligent acts their employees commit during the scope of employment. As mentioned, if a ridesharing driver is behind the wheel and available, that driver is usually within the scope of employment.

Vicarious liability is particularly important in ridesharing claims. Without it, a victim might not have access to fair compensation.

Contact a Thorough Hillsborough County Lawyer

Ridesharing injury claims are rather complex. For a free consultation with an experienced personal injury attorney in Tampa, contact Mark H. Wright, PLLC. You have a limited amount of time to act.

Resource:

backlinko.com/uber-users

Most auto insurance companies do not cover commercial losses. So, unless the Uber driver had a commercial rider or a separate insurance policy, the resulting crashes might be uninsured motorist matters.

As outlined below, even though Uber drivers are technically independent contractors, Uber is still financially responsible for these wrecks. As a result, a Tampa personal injury attorney is often able to obtain substantial compensation for victims. This compensation usually includes money for economic losses, such as medical bills, and noneconomic losses, such as pain and suffering.

Duty of Care

Most noncommercial operators have a duty of reasonable care. They must drive defensively, avoid accidents when possible, and obey the rules of the road.

Commercial operators, including Uber drivers, have a higher duty of care in Florida. They must take all reasonable precautions to ensure the safety of their passengers, before, during, and after their rides.

The pickup location must be safe. A freeway shoulder or a dark area is usually not a safe location.

This enhanced duty continues once the vehicle is in motion. Red lights are a good example. When noncommercial drivers have the green light, they may normally proceed through the intersection. Arguably, because of the higher duty of care, Uber drivers must pause and ensure the intersection is clear before they move forward.

Uber drivers also have a duty to protect riders from each other. Reports of rider-on-rider assaults and other such incidents are rare, but they do happen. Uber drivers do not just have a duty to call for help. They have a duty to prevent these incidents before they start, if possible.

When rides end, the same rules mentioned above apply. Even if the rider is disruptive, Uber operators cannot force riders to exit on the side of the road.

Liability Issues

As mentioned, many Uber operators drive with one eye on the road and one eye on a GPS navigation device. Even if the gadget is mounted in a hands-free position, that behavior still constitutes distracted driving.

Unsafe lane changes are another serious problem. Ridership has largely recovered since the spring 2020 coronavirus lockdowns, but there are fewer operators in many areas. As a result, some drivers get lots and make sudden, unsafe turns or lane changes.

In terms of third party liability, the respondeat superior doctrine usually applies in these situations. Rideshare companies, like Uber, are financially responsible for the negligence of their drivers if:

• Employer: Uber drivers are independent contractors for tax purposes. But they are employees for negligence purposes. Any employer control, such as passengers picked up or protocols followed, makes drivers employees in this context.
• Scope of Employment: Any act which benefits the company in any way is within the scope of employment. That includes driving through the city waiting for a fare. Having drivers nearby benefits the company.

Other vicarious liability theories, which often apply in assault or other intentional tort claims, include negligent hiring and negligent entrustment.

Connect with an Experienced Attorney

Ridesharing collision claims are usually quite complex. For a free consultation with an experienced Tampa Uber accident lawyer, contact Mark H. Wright, PLLC. We routinely handle matters in Hillsborough County and nearby jurisdictions.

Resource:

businessofapps.com/data/uber-statistics/