Cases involving rideshare accidents are often more complicated than standard automobile accident claims. More than one party can be at fault. In addition, Uber and their insurance companies have deep pockets that they can use to fight liability and minimize insurance payouts.
To give yourself the best chance of success in an injury lawsuit for financial compensation, you should work with a local attorney who has experience with Uber accidents and Transportation Network Company (TNC) laws in Miami.
In recent years, more people are relying on Uber, Lyft, and other rideshare companies to get around Miami. Uber provides a convenient service at a reasonable price, so many people take advantage of their rides instead of driving their own cars. Although rideshare drivers provide the same services as taxi cabs, they are different. Unlike taxi drivers who are employees of a taxi service company, rideshare drivers are independent contractors who are not subject to the same regulations and restrictions. TNCs allow drivers to use their own cars and pick up prearranged passenger ride requests through the company’s app or digital network. Because rideshare services have become so popular, Florida has enacted specific Transportation Network Company (TNC) laws to regulate the relatively new industry as outlined in Florida Statutes § 627.748. The purpose of TNC laws is to ensure that passengers and other people sharing the road with rideshare vehicles are safe.
If an accident occurs in Miami, an injured party might be able to look to see if the Uber driver was in compliance with all relevant TNC laws. If a violation of the applicable regulations occurred and it led to an accident, a skilled attorney could use that violation to strengthen an injured party’s claim for compensation against the Uber driver or Uber.
Florida TNC laws set forth several requirements for rideshare companies and drivers. TNC laws are supposed to protect passengers and others on the road, but they also provide protection for the rideshare companies. Noncompliance with any regulation could potentially impact a legal claim after an accident.
Uber and its drivers are both supposed to carry insurance. The amount of coverage that Uber is responsible for in an accident depends on the status of the driver when the accident occurs.
Uber is supposed to comply with the legal requirement to fully investigate a driver by performing a background check on the driver’s driving history every three years. The investigation should check to ensure the driver has a valid driver’s license and a registered motor vehicle. The rideshare company should also ensure that the driver has no criminal convictions, is not registered as a sex offender, and has no convictions for drunk driving, reckless driving, or other driving offenses.
In most cases, rideshare companies will be held vicariously liable for the negligent actions of their drivers. However, failure to comply with the TNC laws could expose Uber to even greater liability after a Miami accident. For instance, if an injured party is able to prove that Uber failed to perform the requisite investigation into a driver or failed to keep records of that investigation, the injured party might be able to sue the rideshare company directly for the full damages amount.
A knowledgeable lawyer will apply their experience and familiarity with TNC laws to help with a claim.
Trying to obtain your rightful compensation after an Uber accident can be complicated. To prevail, you need to work with an attorney who has a thorough understanding of Uber accidents and Transportation Network Company (TNC) laws in Miami.
Speak with a well-versed local lawyer today to see how they can help you.
(305) 876-6001