Drinking and driving is never a good idea. Thankfully, nowadays, more and more people are choosing to leave their keys behind to seek safer transportation alternatives like Uber and Lyft. Rideshare services provide a convenient and safer means of getting home after a night of drinking, giving passengers and other drivers peace of mind on the road. So, what happens when that standard of safety is given up – either because the rideshare driver or another driver is intoxicated?
Accidents involving drunk drivers can be confusing, traumatic, and destructive. When you make the right choice but still sustain injuries in a DUI-fueled rideshare accident, you may be asking yourself: Who is responsible? What are my legal rights? How do Florida’s liability laws protect me?
This article discusses Florida’s distinct laws in clear and accessible terms – helping you understand your options and take the next steps toward recovery. Whatever your unique situation may be, it’s always wise to educate yourself to prepare for the path ahead. Doing so ensures that you secure fair and full compensation for your losses while minimizing any obstacles that may arise along the way.
Understanding The Risks: Drunk Driving And Rideshare Accidents
Rideshare services were designed partially to reduce drunk driving by providing convenient and affordable alternatives. While they’ve undoubtedly saved lives, DUI-related incidents still happen – and they often involve the rideshare driver, other motorists, or even both.
These accidents force victims to raise questions surrounding liability, insurance coverage, and general legal rights. Whether you’re a passenger, an affected driver, or a pedestrian, understanding your legal options is critical.
Florida ranks among the top states in the U.S. for DUI-related crashes. With the rising number of rideshare drivers on the road, the chances of coming into contact with an impaired driver remain a serious issue.
What Happens When Rideshare Drivers Are Under The Influence?
Companies like Uber and Lyft have strict policies against driving under the influence. They conduct background checks to vet their drivers, and if there are reports or convictions related to DUI, they may deactivate the account. However, these proactive measures aren’t always foolproof. There are still circumstances where a driver chooses to operate their vehicle while intoxicated without any prior documented incidents.
If you’re a rideshare passenger and you notice your driver may be under the influence, it is vital to prioritize your safety. First, you should end the ride as soon as possible and report the driver through the app immediately and depending on the situation, law enforcement as well. If a crash occurs and the driver is found to be intoxicated, you may have grounds to pursue a personal injury claim.
Rideshare companies usually provide up to $1 million in liability coverage when a driver transports a passenger. That doesn’t necessarily mean they’ll automatically accept responsibility, though. Legal battles can take place over whether the driver was actively logged into the app and whether or not their BAC was over the legal limit.
What Happens If Another Driver Is Drunk And Collides With An Active Uber Or Lyft Ride?
It is important to note that not all DUI rideshare accidents involve a drunk rideshare driver. In many cases, another driver on the road who is under the influence crashes into an active Uber or Lyft ride. This can be significantly more dangerous for passengers who have no control over the situation but still suffer the consequences.
If you’re a victim in a rideshare accident who sustained injuries due to the actions of a third-party drunk driver, that person may be held liable. Collecting compensation can become difficult and complicated, especially if the driver has minimal or no insurance.
Uber and Lyft’s uninsured/underinsured motorist coverage may be useful in these circumstances. When you’re involved in an active Uber or Lyft ride and another driver causes the crash, this policy may provide additional compensation if the at-fault party’s coverage is insufficient.
These claims can become complicated very quickly, which is why working with a personal injury attorney is crucial to accessing all available avenues of compensation.
Florida DUI And Liability Laws: Who’s Legally Responsible?
In the state of Florida, DUI is considered both a criminal offense and a factor that can determine civil liability. If it is discovered that a driver was under the influence during the time of the accident, they will likely face criminal charges – and be held financially responsible for the injuries and damages they caused.
In the context of rideshare accidents, liability can become more multifaceted. Florida is what’s known as a “no-fault” state, which means that your own Personal Injury Protection usually covers medical expenses up to a specified limit, no matter who caused the crash. Serious injuries can exceed these limits, however, enabling victims to operate outside the no-fault system by pursuing a claim against the at-fault party.
Liability could fall on a multitude of parties, including:
- A third-party drunk driver
- The rideshare driver (if they were negligent or intoxicated)
- The rideshare company
- A combination of multiple parties
Know Your Rights As A Rideshare Passenger In A DUI-Related Crash
If you were involved in a DUI-related rideshare accident as a passenger, it is important to remember that you have legal rights – and you should know how to use them. First of all, you have the right to seek medical care and compensation for your injuries. Florida allows victims to recover losses such as:
- Medical expenses
- Lost wages
- Pain and suffering
- Emotional distress
You are also entitled to file a claim with the rideshare company’s insurance provider, especially if your injuries are severe. Punitive damages may also be considered in DUI claims, especially if gross negligence or recklessness was demonstrated.
Rideshare companies often try to shield themselves from direct liability by classifying their drivers as independent contractors. This can add significant complications to pursuing a successful claim. Speaking with a qualified personal injury lawyer who is familiar with Florida’s dynamic liability and insurance laws is key to protecting your rights and securing full compensation for all damages.
What To Do After A Drunk Driving Rideshare Accident
After an accident involving a suspected drunk driver, you should take these steps to ensure your safety and well-being.
- Immediately call 911
- Document the scene (if possible)
- Exchange information with all parties involved
- Use the rideshare app to file a detailed report of the incident
- Seek medical attention
- Speak with a skilled attorney to assess your options
Fenstersheib Law Group, P.A. Stands With Florida Accident Victims
Fenstersheib Law Group, P.A. is a personal injury law firm committed to protecting the rights of injured individuals by fighting for the justice they deserve. With our main office located in southern Broward County and additional offices throughout Florida, we are pleased to offer comprehensive legal care to clients across the entire state.
Our Office Locations:
- Main Office:
- Hallandale Beach, FL
- Secondary Offices, BY APPOINTMENT ONLY:
- Hollywood, FL
- Miramar, FL
- Fort Lauderdale, FL
- West Palm Beach, FL
- Orlando, FL
- Sarasota, FL
- Tampa, FL
- Jacksonville, FL
Whether you are seeking experienced legal guidance after a rideshare accident, drunk driving incident, or other intricate personal injury matters, our team is here to help. No matter where you may be in Florida, qualified legal representation is never too far away.
Ready to get started with a proactive plan of action? Contact our rideshare law office to schedule an initial free consultation with a member of our team. Visit TellRobert.com or call 1-833-TellFLG (1-833-835-5354) today!
