When you hire a rideshare driver, you’re putting your trust in a stranger’s capabilities behind the wheel, and you should expect a safe journey. Unfortunately, accidents involving Ubers and Lyfts are becoming more and more common – and one of the leading causes is distracted driving. Throughout the trip, many drivers are actively using their smartphones to navigate, communicate, and manage ride requests. While this is a reality of app-centered rideshare services, it also increases the risk of distracted driving.
Distracted driving isn’t just texting or talking on the phone. It encompasses everything that diverts the driver’s attention from the road, like adjusting the GPS, eating, texting, or even excessive chatting with passengers. Like other states, Florida treats distracted driving as a form of negligence. However, when it comes to rideshare accident claims, proving fault and holding the correct party accountable isn’t always as straightforward as it should be.
Because Uber and Lyft classify their drivers as independent contractors rather than employees, it can be challenging to determine the liability of the company versus the driver. The legal and insurance considerations surrounding rideshare services can be complicated and stacked against the welfare of the passengers. If you’ve been injured in a rideshare collision due to distracted driving, you may be entitled to compensation – but first, you’ll need to demonstrate that negligence took place.
This article will walk you through the various ways that distracted driving impacts liability, how to collect evidence to support the success of your claim, and the necessary steps you need to take to recover damages. By educating yourself on the intricacies of this process, you’ll be able to make well-balanced decisions about your future and eliminate common pitfalls that other victims can experience while navigating these situations.
How Distracted Driving Impacts Liability In Rideshare Accidents
One of the leading causes of motor vehicle crashes across the United States is distracted driving – and rideshare drivers are not immune to this reality. Given the fact that they must constantly interact with their phones to provide their services, safety can be compromised on the road.
Legally speaking, distracted driving is considered to be a type of negligence. In Florida, negligence is the foundation of liability for personal injury claims. If a rideshare driver is found to have been distracted during the time of the crash – whether by conversation, phone, food, or anything else – they can be held responsible for the resulting injuries and damages.
Given that Uber and Lyft drivers are technically independent contractors rather than employees, the companies often attempt to avoid direct responsibility for the incident. What’s more, their insurance coverage only applies during particular times of driver activity during the crash. Were they en route to pick someone up? Waiting for a ride? Engaged in an active trip? These are all vital questions to consider when determining which insurance policy applies and how much coverage is available for the affected parties.
If you sustained injuries in a rideshare accident involving a distracted driver, the best way to hold the right party accountable is by proving negligence using solid evidence and negotiation strategies.
Proving Negligence: Using The Right Evidence To Strengthen Your Claim
Demonstrating that a rideshare driver was distracted at the time of the accident is essential for establishing negligence and recovering compensation. Proving this requires more than just an official statement – there also needs to be strong and convincing evidence to build the case upon and show that the driver failed to exercise reasonable care.
The best types of evidence for these types of claims include:
- Phone and App Records: Phone records can indicate whether the driver was texting, making calls, or interacting with other applications during the accident. A subpoena may be required for this information, so working with an attorney is crucial.
- Dashcam and Surveillance Footage: Footage from nearby traffic cameras and dashcams can capture the incident and the driver’s behavior. Whether they were looking at their phone or eating, this footage can be powerful proof.
- Eyewitness Testimonies: Statements from nearby drivers, pedestrians, or other passengers can support your claim. If another person saw the rideshare driver not paying attention, their testimony could help prove negligence.
- In-App Ride History and GPS Data: Both Lyft and Uber record ride date, including timestamps and location. These logs can verify the timing of the crash and confirm whether or not the driver was actively working for the rideshare company at the time.
- Medical Records and Injury Documentation: Creating a link between the accident and the injuries is foundational for a successful claim. This is a big reason why receiving medical care afterwards is so important.
Gathering and presenting this evidence may seem confusing and overwhelming, especially when you are recovering from an injury. To get help dealing with uncooperative insurance companies and making informed legal choices, hiring a qualified attorney is strongly advised.
What To Do After A Rideshare Accident Involving A Distracted Driver
Following a rideshare accident where the driver was allegedly distracted, taking prompt and calculated steps after the crash is vital for both your health and your legal case. Here are the initial actions you should take:
- Call 911 and get help from a medical professional – even if injuries seem minor at first.
- Document everything you can by taking photos, videos, and logging your version of events.
- Obtain witness information so their statements can be used to support your version of events.
- Report the incident to the rideshare company so it’s in their system.
- Do not speak with insurance adjusters without legal insight. Admitting fault or making assumptions could harm the outcome of your claim.
- Consult with an adept lawyer to protect your rights, negotiate with other parties, and maximize your compensation.
Every set of circumstances is different, but using these tips as a framework for decision-making will enable you to protect yourself and your future. Whatever the situation may be, remember that you don’t have to shoulder this burden alone. Speak with an experienced lawyer today to learn more about the best way forward.
Fenstersheib Law Group, P.A. Is Here To Help
Injured in a rideshare accident in Florida? Work with our qualified lawyers to secure the compensation you deserve.
Our full-service personal injury law firm has a main office in Hallandale Beach, with secondary locations in Hollywood, Miramar, Fort Lauderdale, West Palm Beach, Orlando, Sarasota, Tampa, and Jacksonville, AVAILABLE BY APPOINTMENT ONLY. Wherever you may be in the state of Florida, Fenstersheib Law Group, P.A. will do whatever it takes to ensure your legal needs are met. We understand the stress and uncertainty that come with rideshare accident claims. That’s why we make it our priority to leverage our skills and knowledge to your advantage.
Want to learn more about our hands-on approach to personal injury claims in Florida? Speaking with a member of our team is the next best step to take. Schedule a discovery, initial free consultation appointment today by visiting TellRobert.com or calling 1-833-TellFLG (1-833-835-5354)!
Don’t leave the outcome of your rideshare accident claim up to chance. Secure the financial outcome you deserve by working alongside legal professionals at FLG who truly have your best interests at heart.
