Boca Raton, Florida is a beautiful beach town on the east coast. Lots of people come to visit from colder climates for some relaxation and sightseeing on A1A (the main road through Boca). But like any place where there's lots of car traffic and tourists, car accidents happen and car accident lawyers in Boca Raton are busy with injury cases.

Here we'll go over some of the most common car accidents that happen on A1A. This way if someone you know gets into an accident while they're down here, you can remind them about this article and let their car accident lawyer deal with it.

Common Types of Accidents on A1A in Boca Raton

Almost all car accidents in Boca Raton involve rear-end collisions or cars turning into each other. Both of these car accidents are probably due to distracted driving, which includes texting while driving or not paying attention to the road.

Another common car accident on A1A is when people ignore the stop signs on several small side streets and turn left in front of someone who's coming down the street. This car accident usually results in serious injuries because it causes high-speed head-on collisions.

Other car accidents that happen on A1A involve tourists stopping very suddenly or swerving for some reason without an obvious cause. Either one of these car accidents could be potentially fatal because they can cause other cars to rear end them at high speed or run off the road. If you get into a car accident on this busy street, make sure to call our personal injury lawyers as soon as you can.

You should also call our car accident lawyers if you get into an accident on another road in Boca Raton, like Camino Real (which is a busy commercial area). If you're not familiar with the roads and don't know what's common and would cause car accidents, just give our car accident lawyers a call anyways and they'll look into it for you.

Most Dangerous Parts of A1A in Boca Raton

You can usually expect car accidents on the following parts of A1A. Tourists are usually most common in these spots, so car accident lawyers see lots of car accident cases here.

- Hypoluxo Rd to Lighthouse Dr

- Yamato Rd to Palmetto Park Rd

- Camino Real

If you or someone you know gets into an car accident on any part of A1A, call our car accident attorneys as soon as possible.

Determining Fault in a Car Accident in Boca Raton

When car accident lawyers in Boca Raton investigate car accidents on A1A, they have to figure out which car caused the car accident. Usually it's pretty obvious which car is at fault, but sometimes there are unusual car accidents where it's hard to determine who's at fault.

If you get into a car accident in Boca Raton and can't figure out who's at fault, call our car accident attorneys. We will be able to walk you through the legal process and provide you with expert guidance in your case. And if someone else caused your car accident we will be able to help you with your personal injury case too.

Call Our Boca Raton Personal Injury Lawyers if You're in an Accident

Regardless of where you get into car accident on A1A, if you or someone you love is injured call Accident Attorneys Boca Raton. We will be able to help you figure out how the car accident happened and determine who's at fault. And if it wasn't your fault, we can also help with personal injury cases. Call us today...you don't pay unless we win your case.

One of the most common car accidents is a parking lot accident, in which a car strikes another car or car occupant in a parking lot. Town Center in Boca Raton is an extremely popular area for parking lot accidents, as Town Center is a convenient places for car owners to park their vehicles when they go shopping or run errands, or even meet up with friends. When going on an outing, people often have too many items to carry and opt to drive rather than taken the bus or use a taxi.

Unfortunately, drivers may be negligent when parked and cause car accidents that injure car occupants and other drivers in parking lots. Town Center specifically has tons of sharp turns that can make driving hazardous. Parking lot car accident injuries can range from minor to serious and even fatal car accidents. Victims injured in the Town Center parking lot should seek compensation for their damages by filing personal injury lawsuits against at-fault party's insurance company. To do this, contact our Boca Raton car accident lawyers for a free consultation today.

town-center-boca-raton

Most Common Causes Of Parking Lot Accidents

The most common cause of car accidents in parking lots is when a car backs up suddenly without warning. Drivers often turn their heads or focus their eyes forward while backing out of car spaces, which can result in them not seeing the car behind them backing up. Drivers could be distracted by cell phones, GPS navigation systems, loud car stereos, children's cries, passengers' conversations and other potential distractions that may lead to car accident injuries.

Another common cause of car accidents in parking lots is when a car turns abruptly into oncoming traffic without giving the right-of-way to oncoming cars. To avoid such type of collisions and resulting personal injury lawsuits , it would be best for drivers to take precautions slow down while making turns and check their car mirrors for any oncoming car before making turns.

Parking Lot Car Accident Liability Rules

When car accidents occur in parking lots, the car accident liability rules that apply are:

Damages From Parking Lot Accidents

When car accidents occur in parking lots, car accident damages can range from minor to serious. Minor car accident damages include damage to the bumper, fender and hood of the car. Moderate car accident damages range from jammed car door locks or sun roof, broken axles, bent car rims, tire blow-outs and loss of car control while driving at speeds around 5 miles per hour to ten mph.

Severe car accident damages include damage to the transmission systems of cars that could cause them not to accelerate properly thus resulting in crashes into other vehicles or stationary objects (such as trees or light poles), broken windshields that result in wind noise and injuries due to glass shards hitting drivers; vehicle fires; head-on collisions with other cars; cracked car frames that could lead car doors not to open thus trapping car occupants inside car compartments.

Personal injury car accident lawsuits arising from car accidents in parking lots often include car accident claims for property damage, medical bills and lost wages due to a missed day of work. In some instances, victims may seek compensation for pain and suffering from car accident injuries.

Filing A Lawsuit After A Parking Lot Accident

Victims injured in car accidents that occurred in parking lots may seek compensation for their damages by filing personal injury car accident lawsuits against at-fault car, truck or SUV drivers. When car accident liability is not clear, car accident victims can file personal injury car crash claims against the car dealership's insurance company if the car involved was a dealer car.

If you are seeking a personal injury attorney to help you with your lawsuit arising from a car crash occurring in a parking lot, please contact us today to have our Florida car crash attorneys provide a free evaluation of your case.

The above article is general information about what to do after an accident and when you need a lawyer.

For more specific information dealing with auto accidents, contact Accident Attorneys Boca Raton today.

Being involved in a car wreck in Florida can be a terrifying experience, especially when you had no control over the situation. This is the case for many Uber and Lyft passengers who have gone through this traumatic situation in Florida. For Uber and Lyft accident victims, getting compensation for their injuries may not be easy. You might feel lost and overwhelmed not only by your accident but also by the complexities of Florida’s laws regarding this specific type of accident. Boca Raton Uber and Lyft accident attorneys Accident Attorneys Boca Raton invites you to keep reading as we discuss whether you can sue as a passenger in an Uber or Lyft Accident in Florida.

Liability in Uber or Lyft Accidents in Florida

You may wonder whether there is something you can do to recover compensation after an Uber or Lyft accident in Florida. The good news is that you probably can, with one caveat: Florida is a “no-fault” coverage state. Typically, the compensation you can receive comes directly from your own personal insurance protection (PIP). Under the no-fault rule, a car accident victim in Florida can obtain coverage for their losses regardless of who was at fault for the accident. However, a PIP may only cover up to $10,000 in losses. This compensation may not be enough to handle all of your expenses.

Furthermore, you may not be able to take the liable parties to court and obtain compensation for things such as pain and suffering. Compensation for pain and suffering can only be attained by filing a personal injury lawsuit, which then begs the question of whether you can file a personal injury lawsuit against the liable parties for your Uber or Lyft accident in Florida.

While the general rule under Florida’s no-fault system prevents you from filing a personal injury lawsuit against the liable driver, you may still have the option to sue through an exception. In order to obtain compensation, or “damages,” from the responsible parties as a passenger in an Uber or Lyft accident, you need to meet Florida’s “serious injury” standard. To do so, the injuries sustained in your Uber or Lyft accident must have left you with a permanent injury, significant scarring, or a loss of bodily function to qualify for a personal injury claim.

A condition such as paralysis is one example of an injury that may qualify under Florida’s “serious injury” requirement. You may establish liability and seek compensation if you meet the requirements under this exception.

Will Uber and Lyft’s Insurance Coverage Policy Cover My Injuries in Florida?

Both Uber and Lyft provide insurance coverage in the event of a car accident. These companies each have $1,000,000 in coverage for expenses related to a crash caused by their drivers, including your injuries. However, the insurance coverage provided by both rideshare companies only kicks in under specific circumstances. In other words, Uber and Lyft might provide coverage depending on three different circumstances.

First, the rideshare companies will determine whether the accident took place while the driver was in his vehicle with the app closed. Both Uber and Lyft have dedicated applications for their drivers. Each driver needs to be logged into their account in order to be covered under their company’s insurance policy. If a driver was involved in an accident while the app was closed, then the driver’s personal insurance will provide coverage for their accident.

Another scenario Uber and Lyft will consider when determining coverage is if the driver has the application open and is waiting on a potential passenger. It is possible the driver has their app open but has yet to accept a potential rider. This can change the dynamics of coverage provided by Uber and Lyft. Under these circumstances, if an Uber or Lyft driver has an accident, their company can offer a maximum of $50,000 per person, $100,000 per accident, and $25,000 for property damage.

The rideshare company’s full insurance is in effect from the moment a driver accepts a rider to the moment they drop their client at their destination. Uber and Lyft each have a $1,000,000 insurance policy covering those who were involved in a crash caused by their driver. This can include passengers as well as other people involved in the incident.

Statute of Limitations for Passengers Injured in Uber or Lyft Accidents in Florida

Every state limits the time an injured victim has to file their claim with the court. This legal time limit is known as the “statute of limitations.” Florida has a strict timeline for those who wish to file a lawsuit. According to Chapter 95 § 11 of Florida’s Statutes, personal injury victims have up to four years from the moment of their accident to file their claim.

Four years may seem like a long time to file a claim, and you may be tempted to leave your claim for later as you focus on recovering from your injuries. However, it is in your best interest to act swiftly. If you fail to file your claim in time, the court may refuse to take your case, and you may end up without a means to obtain compensation for things such as your pain and suffering. A skilled Uber and Lyft accident attorney can help you through the entire process.

Uber and Lyft Accident Lawyer Offering Free Consultations in Florida

Dealing with an Uber or Lyft personal injury claim in Florida can be overwhelming and complicated. Florida Uber and Lyft accident attorneys at Accident Attorneys Boca Raton understands how difficult your case may be and is ready to fight aggressively and tirelessly to get you the compensation you deserve following an Uber or Lyft accident in Florida. Thanks to our many years of experience handling personal injury cases, our team has developed the necessary skills to help you understand your case moving forward. Turn to our Boca Raton personal injury lawyers today for quality legal representation. To discuss your case in a free, confidential consultation, contact Accident Attorneys Boca Raton today.

The law provides individuals with the right to file their claims and fight for compensation. However, it also protects the liable parties against perpetual causes of actions. Individuals are not allowed to file their claims when they feel ready or at any moment they choose. As you will learn throughout this article, the statute of limitations plays a critical role in your right to compensation.  If you were injured in a car accident, you should know that there is a limited time to file your claim. The Boca Raton car accident lawyers at Accident Attorneys Boca Raton invites you to keep reading as we discuss how many years you have to file your car accident lawsuit in Florida.

How Long Do I Have to File My Car Accident Lawsuit?

Every state has laws limiting the amount of time a person has to submit their claim with the court. This time limit is known as the “statute of limitations.” Florida’s statute of limitations can be found in Florida Statutes Annotated Sec. 95.11(3). Under this statute, any person filing a personal injury claim has up to four years from the moment of the accident to file their lawsuit with the court. Unlike other states, Florida is a no-fault state, which is why injured victims need to file a personal injury claim to hold the liable parties accountable in car, bus truck, and motorcycle accidents.

If someone died as a result of a car accident, the statute of limitations can change. Generally, the surviving family of the crash victim may want to pursue a wrongful death claim. Under these particular circumstances, the plaintiff has two years from the date of the accident to file their claim with the court.

Meeting the requirements set forth by the statute of limitations in Florida is critical for all injured victims. Otherwise, the court may reject their case, leaving them without a legal remedy. Under the no-fault system, a person involved in a car accident will generally turn to their own insurance company for compensation. The assistance provided by their insurance can help cover things such as their medical expenses and other out-of-pocket costs, regardless of who was at fault.

Sometimes the support your insurance can provide may not be enough to cover your losses, which is why filing a personal injury lawsuit can be a better option for compensation. However, you may be able to file a personal injury lawsuit under specific circumstances.

Filing a Car Accident Lawsuit in Florida

In Florida, car accident victims can file a personal injury claim against the liable parties under specific circumstances. Under Florida statute, you may file a personal injury claim after a car accident if you suffered a permanent injury or injuries, lasting, significant scarring or disfigurement, permanent loss of bodily function, or wrongful death.

Once you have met any of the requirements mentioned above, you may proceed with your claim. During a personal injury claim, you (the plaintiff) are expected to show the other driver’s negligence. Proving negligence requires that you demonstrate the concurrence of four main elements in your claim.

First, you will need to show that the other driver owed you a duty of care. The duty of care can be demonstrated by establishing that the defendant owed you the care expected from a prudent, reasonable driver under the same circumstances. Second, you are expected to prove that the defendant breached their duty of care by driving unsafely. Third, you will need to show causation or a linking nexus between the defendant’s negligence and your accident. Finally, it would be best if you showed the court that you suffered losses due to your accident. Once you have proven all of these elements, the jury will determine the compensation you may obtain.

Keep in mind that the amount of compensation you may obtain can decrease if you are found partially responsible for the accident. Under Florida’s “pure comparative fault” rule, a driver’s compensation can be reduced by a percentage equal to their fault. For instance, if the court awards you $100,000, but you were found 10% responsible for the accident, you will be able to recover $90,000.

What Are the Leading Causes of Car Accidents in Florida?

Every car crash case is different and should be analyzed on a case by case basis. This means considering all of the circumstances surrounding the incident. Throughout the years, car accidents have occurred due to one or more of the following causes:

Distracted Driving

Distracted driving has played a critical role in many car accidents in Florida. Modern equipment and electronic devices have contributed to the high number of car accidents reported every year. The combination of electronic devices such as smartphones, tablets, and dashboard touchscreens create distractions capable of keeping a driver’s eyes away from the road. In turn, these distractions can lead to severe crashes. Distractions have also been responsible for thousands of injuries and deaths around the country. The National Highway Traffic Safety Administration (NHTSA) has stated that during 2017 alone, 3,166 people died in distracted driving crashes in the U.S.

Driving Under the Influence

Driving under the influence (DUI) is one of the most common causes of car accidents in Florida and the U.S. Drunk driving is responsible for thousands of injuries and deaths. Alcohol-related accidents keep happening despite state and federal government efforts to prevent them. According to the NHTSA, in 2018, 814 people lost their lives in alcohol-impaired crashes in Florida.

Speeding

Speeding has been a significant concern for transit authorities for years. Many people do not seem to understand the dangers related to driving at high speed. Drivers operating their vehicles above established speed limits are at risk of losing control over their car, decreasing their reaction time, and increasing the chances of a potentially life-threatening crash. According to the NHTSA, speeding has contributed to 26% of all traffic fatalities reported during 2017 in the United States.

Car Accident Lawsuit Attorney Offering Free Consultations in Florida

If you or a loved one was injured in a car accident in Florida, we can help. Thanks to our many years of experience handling car accident lawsuits, our Boca Raton car accident lawyer can provide you with the necessary strategies to fight aggressively in the pursuit of the compensation you deserve. Don’t let an injury determine the rest of your life. Trust our experienced, skilled, and dedicated attorneys for quality legal representation. To learn more about all of our services and how we can help you with your case, contact Accident Attorneys Boca Raton today.

Were you injured by another driver while you were riding your motorcycle without a helmet in Florida? Can you bring and win a case against the other driver? Whether you were wearing a helmet at the time of your accident or not, you cannot win a personal injury case against another driver unless you can prove the other driver was negligent. If you can’t prove negligence, you can’t win.

So before I explain the role a helmet plays in your case, I need to explain negligence more fully. In motorcycle accident cases in Florida, there are two types of negligence: 1) common law negligence and; 2) negligence per se. Boca Raton, FL motorcycle accident lawyer Accident Attorneys Boca Raton explains how not wearing a helmet may affect your lawsuit in Florida.

Common Law Negligence in a Florida Motorcycle Accident

Common law negligence is made up of 4 elements:

  1. The defendant owed the plaintiff a duty of care;
  2. The defendant breached that duty of care;
  3. Plaintiff was injured;
  4. The Plaintiff’s injuries were proximately caused by the Defendant’s breach of duty of care.

To better explain these elements, let’s use an example.  We will pretend there is a case involving Mr. Hogg and Mr. Bimmer.  Here are the facts.

Harley Hogg, was riding his motorcycle, without a helmet, westbound on Yamato near the intersection of Yamato and Jog Road.  Mr. Hogg was traveling at 50 mph.  The speed limit in that area is 40 mph.  Bobby Bimmer driving his car southbound on Jog Road and attempted to make a left turn to travel east on Yamato. Mr. Bimmer then made a left turn just as Mr. Hogg approached the intersection.

As a result, he failed to slow down and rear-ended Mr. Hogg. Mr. Hogg, who never saw Mr. Bimmer’s vehicle coming, fell off his motorcycle and struck his head on the cement. Mr. Hogg went to the hospital where he was diagnosed with a crack in his skull and a concussion.  In the months that followed, Mr. Hogg often experienced headaches and blurred vision. This is how the four elements of common negligence operate within this hypothetical.

Defendant owed the plaintiff a duty of care

Drivers using public roadways, have a duty of care to other drivers using the roadway.  As Mr. Hogg was another driver on the roadway, he was owed a duty of care by Mr. Bimmer.

Defendant breached the duty of care

The question is would a reasonably careful driver, under the same circumstances look down to read a text message while operating a moving vehicle?  As a reasonable driver would likely not do so, Mr. Bimmer breached his duty of care.

Plaintiff was injured

Mr. Hogg was diagnosed with a cracked skull by medical doctors at the hospital.  This objective finding, by hospital personnel, would likely spur a jury to conclude Mr. Hogg was indeed injured.

Plaintiff’s injuries were proximately caused by defendant’s breach of duty of care

Did Mr. Bimmer’s breach of his duty of care, cause Mr. Hogg’s injuries? If Mr. Bimmer had not texted while driving, his car would not have struck Mr. Hogg’s motorcycle which, in turn, caused Mr. Hogg to strike his head on the ground.  As you can see from the chain of events, Mr. Bimmer’s actions, at least in part, caused Plaintiff Hogg’s injuries.

Proving Negligence in a Florida Motorcycle Accident Case

In addition to common law negligence, a plaintiff can also prove a defendant was negligent through negligence per se. Negligence per se states an act is negligent when a defendant’s act violated a law designed to protect the public.  Some examples of such laws are violations of speed limits, failure to use a seat belt, texting while driving and blood alcohol content limits.

In a typical motorcycle or car accident, negligence per se include offenses such as:

  1. Driving under the influence;
  2. Reckless driving;
  3. Running a traffic light or stop sign

In order to prove negligence per se, the plaintiff must show:

  1. The defendant violated a public safety statute;
  2. The plaintiff is a member of the class that the statute intended to protect;
  3. The plaintiff’s injury is one that the statute was designed to prevent; and
  4. The violation of the statute caused the plaintiff’s injury.

In our example, Florida’s Texting While Driving Ban, statute 316.305, would be at issue. As written in the statute, the Florida legislature stated the purpose of §316.305 was to “improve roadway safety for all vehicle operators, vehicle passengers, bicyclists, pedestrians, and other road users….and…reduce injuries…related to motor vehicle crashes.” With that purpose in mind and with our fact pattern, it certainly appears Mr. Hogg would be able to satisfy the four elements of negligence per se.

How Not Wearing a Motorcycle Helmet Can Affect Your Accident Lawsuit

Even though Mr. Bimmer’s conduct would be considered common law negligent and/or negligent per se, Mr. Bimmer may be only partly responsible for Mr. Hogg’s injuries.  That is because negligence in Florida can be shared between parties.  Therefore, a jury might also find Mr. Hogg’s actions were also negligent.

Using the common law negligence elements and examining Mr. Hogg’s conduct, a jury may conclude a reasonable motorcyclist, in the same situation, would have worn a helmet AND that wearing a helmet would have reduced the severity Mr. Hogg’s injury.

If that is indeed the case, the judge would adjust the jury’s award. For example, if a jury found Mr. Bimmer 75% and Mr. Hogg 25% responsible for the accident, Mr. Hogg’s award would be reduced by his negligence.  So, if the jury awarded Mr. Hogg $50,000, that award would be reduced by $12,500 (25% of $50,000), leaving Mr. Hogg with a verdict of $37,500.

Remember the plaintiff’s negligence must have either played a role in the accident occurring or increased the severity of the plaintiff’s injury from the accident.

Let’s say instead of cracked skull Mr. Hogg’s injury was a broken arm?  In that scenario, wearing a helmet would not have changed the severity of Mr. Hogg’s injury.  Consequently, Mr. Hogg’s award would not be reduced.

Boca Raton, FL Motorcycle Accident Attorney Offering Free Consultations

Whether you were wearing a helmet or not during your motorcycle accident in Florida, it is important to seek experienced counsel to protect your rights and forcefully present your claim. Boca Raton motorcycle accident lawyers  at Accident Attorneys Boca Raton we represent helmeted and helmetless motorcyclists and fight every day, protecting our clients’ rights and getting them the compensation they deserve.  If you were on a motorcycle and were injured because of another driver’s negligence, call us today so we can discuss your claim, answer your questions and get you the justice you deserve. At Accident Attorneys Boca Raton, we take your injuries personally.

One of the great transformations has been the proliferation of ridesharing across the United States.  According to a Pew Research report, in 2014 only 15% of Americans had ever used a ridesharing company like Uber or Lyft.  By 2018, that number had more than doubled, to 36%.

Even in New York City, the Mecca for cabs in this country, ridesharing is now king. As you can see from the chart below, in 2014, only 4.5 million rides were taken in a ridesharing vehicle in New York.  By 2017, that number had risen to 159.9 million rides. The growth is not slowing down.  In 2019 the NYC Taxi & Limousine Commission indicated approximately 20 million rideshares occurred in New York City.  From 4.5 million rides to 200 million in 5 years – talk about explosive growth! If you were injured in a rideshare accident, you need to know who is liable for the crash. Boca Raton Uber + Lyft accident lawyers at Accident Attorneys Boca Raton are here to discuss who you should sue for a rideshare accident in Florida.

An Overview of Uber + Lyft Insurance Coverage for Drivers

At the beginning of the ridesharing phenomenon, ridesharing was unregulated.  Though customers never loved taking a taxi, at least a passenger in a cab could expect some assurances.  One of those assurances was that the cab was covered under a motor vehicle insurance policy and some screening of drivers to at least try to weed out the bad from the good.

When ridesharing was in its infancy, Uber or Lyft did not ensure its drivers were insured nor was there an established method to screening potential drivers. As ridesharing comprised such a small number of rides taken overall, no one really paid much attention.  As ridesharing grew in popularity, however, the city and state governments took notice and action. Governments enacted laws requiring all ridesharing services to screen their drivers and maintain an auto insurance policy with high policy limits, just like they do with cabs.

While the screening was easy to implement, the insurance requirements were not.  The issue was that a ridesharing vehicle is not being used like a cab.  A cab’s primary purpose is to deliver passengers for a fee. A ridesharing vehicle, on the other hand, while used commercial purposes, it is mostly used for the driver’s own daily needs. So if the government forced ridesharing drivers to maintain high policy limit insurance on their vehicle at all times, it would have deterred many rideshare drivers because the cost would have been  too high.  This, in turn, would have led to fewer drivers and less profits for ridesharing companies.

Eventually, a solution was crafted allowing insurance to fluctuate depending on the activity. Instead of maintaining a high policy limit insurance at all times, rideshare drivers can now have three different “modes” of insurance, which turn on or off, depending on what they are doing at a particular moment. There are three modes that respectively cover actively transporting a fare, in route, and neither.

  1. While Actively Transporting a Fare – This activity will turn on the $1,000,000.00 policy that the State of Florida requires when a driver is actively participating in ridesharing.
  2. While In Route to Pick Up a Fare – When the driver is in route to get the fare, Florida law does not require a high policy limit, but does at least $50,000.00 per person and $100,000.00 per accident in bodily injury coverage.
  3. Neither Transporting or In Route to Pick Up a Fare – A driver’s vehicle is then treated like any other regular, normal vehicle in Florida.  Therefore, the driver only needs to maintain an auto insurance policy complies with legal minimum in Florida.

Florida Insurance Requirements for Uber + Lyft

So what does Florida require?  Only Personal Injury Protection (PIP) and Property Damage (PD) coverage. PIP, also called No-Fault Insurance, pays 80% of your “reasonable” bills up until a $10,000.00 cap is reached. This policy of the driver’s policy may or may not cover your bills, based on the circumstances.

The PD policy requirement, on the other hand, allows the other driver to recover up to $10,000.00 in property damage caused by the rideshare driver’s negligence.

That is all the State of Florida requires. Florida does not require bodily injury insurance or uninsured motorist protection.  So, if you are struck by a rideshare driver, and they are in Mode 3, there might not be any financial compensation from the driver’s insurance for your medical bills, injuries, lost wages and pain and suffering.

If all this seems a bit confusing here is a chart, direct from Lyft’s own website, further explaining how the insurance turns on and off.

Who Is Liable for an Uber or Lyft Accident in Florida?

Now that you understand what insurance may or may not be in play in a rideshare accident case, it is important for you to know who the responsible party is in your accident because often it is not the rideshare company. When a client who was injured in a ridesharing accident comes to our office, the most often asked question is “who are you going to go sue to compensate me for my injuries?” The short answer, when it comes to ridesharing, is the driver is the responsible party. Why is Uber/Lyft not responsible? Let me explain through an example.

Let’s say a moving company, ABC, sent its employee to move some furniture in a moving truck for a client.  While employee was driving the truck, he caused a car accident.  Who is responsible for this accident? First and foremost, the employee is personally responsible for the accident because a Florida driver is always responsible for their actions on the road.

The driver, however, is not the only one responsible. The moving company may also responsible under the legal theory of vicarious liability. Under Florida law, an employer is vicariously liable for an employee’s actions if the employee was acting to further the employer’s interest through the scope of the employee’s employment at the time of the incident.  In this example, the employee was clearly furthering ABC’s interest, namely moving furniture for a customer, and that act was in the scope of the employee’s job at ABC.

With ridesharing, however, UBER and Lyft have structured their relationship with drivers in such a way as to avoid vicariously liability.  All ridesharing companies perceive themselves (and so far, the courts have agreed) as only logistics companies supplying drivers with a software platform to locate fares. Drivers are not employees but instead classified as independent contractors.  As vicarious liability only covers an employee’s actions, ridesharing companies are not held responsible for an independent contractor driver’s negligence.

Recovering Compensation for Injuries and Damages After a Rideshare Accident

That does not mean all hope is lost, far from it.  As stated before, state governments including Florida, have imposed high insurance policy limits for all ridesharing drivers. So while you will be unable to recover from Uber or Lyft directly through vicarious liability, you should be able to recover against the driver for your damages.

Our Boca Raton Uber + Lyft Accident Attorneys Will Fight For You

If you were injured due to the negligence of a rideshare driver, we want to fight for you to get you the compensation you deserve. At Accident Attorneys Boca Raton, our Boca Raton Uber accident lawyers fight every day for the rights of those hurt by rideshare drivers.  We are here to help and we take your injuries personally.