Who is Liable in a Rideshare Accident in Tampa?

Tampa’s roads are always busy with cars. The dependence on ridesharing services has been growing. More and more people are relying on these services for daily commute. 

However, you should know that ridesharing services are the culprit behind most road accidents.  

Due to the enormous increase in the use of rideshare apps like Uber, it is essential to examine the legal aspects of liability in case of a car crash, considering both drivers and passengers. 

When a rideshare accident occurs, there is usually the need to answer questions of responsibility and compensation, which are likely to become complex legal procedures that need to be understood.

Ridesharing crashes are more complicated than ordinary crashes. Multiple parties are part of a ridesharing crash and share responsibilities.

This is where a rideshare accident Lawyer in the USA steps in. Mokaram Law Firm has skilled lawyers who specialize in personal injury cases. They can assist you in receiving fair compensation.

Identifying the Part Responsible For Paying The Claim 

Rideshare drivers are usually not considered employees by the rideshare company. 

They are considered independent contractors. This difference is significant for the determination of a person’s liability.

The driver’s responsibility can change based on how careful they are. They might be held personally responsible if there’s an accident.

If there is an incident on duty, the rideshare company shares liability when the driver is out or en route.

What is The Responsibility of a Rideshare Driver?

When determining who is at fault for a crash, we look at how the rideshare driver acted.

If the driver was not careful, didn’t follow the rules, or behaved badly, they might be blamed for the crash.

Distracted driving, alcohol use, and breaking traffic rules may affect rideshare drivers. Responsibilities can increase due to these actions.

Rideshare Company Liability

Rideshare companies have to meet their duty of keeping their customers safe. The company may be liable if an accident occurs while the driver is working.

The rideshare company may be negligent due to inadequate background checks. This can lead to accidents, for which they share responsibility.

Other Driver Involvement

In multi-car accidents, other drivers’ actions can affect who is at fault. The way they drive can play a significant role in determining responsibility. The actions of other drivers in a crash can significantly affect who is responsible for it.

Lapses like speeding or running red lights may place blame elsewhere. Driving under the influence can also shift accountability.

Tampa, Florida’s Ride-Sharing Model, and Law

Tampa’s ridesharing accident Law is significant in assessing liability in road incidents. It’s associated with ridesharing services. They use technology to link drivers with passengers who need a ride.

This structure changes how responsibilities are handled for rideshare drivers. They are seen as independent contractors, not employees.

Independent Contractor Status

Rideshare drivers are independent contractors. This difference has legal consequences and is a key concern. Unlike regular employees, these workers don’t work directly for the rideshare companies.

Rideshare companies are not responsible until an investigation occurs. They are not held accountable for their employees’ actions like employers are.

Driver’s Insurance

Rideshare drivers need to have regular car insurance, just like all drivers.

Personal insurance plans do not cover damages caused by drivers doing business. Some examples include ridesharing for a fee. This might cause a lack of insurance that the rideshare company can fix.

Rideshare Company Insurance

Rideshare companies often give drivers insurance for when they are on the road. The driver’s level of protection typically relies on their actions during the incident. 

The rideshare company’s insurance is preferred for active drivers. Certain caveats are involved. Rideshare companies often provide insurance for their drivers. This insurance typically covers injuries and property damage.

The Activity of the Driver, 

The driver’s actions determine who is responsible for rideshare accidents. Rideshare companies use this to decide on various driving stages they set.

These times decide who is responsible: the rideshare driver or the rideshare company. It clarifies who pays for injuries and damages.

• Period 1 – Offline or Awaiting a Ride Request

In the non-trip mode state, a driver is not driving and, therefore, cannot be considered to be actively working.

During a trip, if an accident occurs, the driver’s car insurance will usually cover the costs.

Ride-hailing services don’t compensate upfront. They leave risk to the driver’s insurance. That’s why you need to consult a lawyer, as they can help you sue the rideshare company and claim your losses. 

• Period 2 – En Route to Pick Up a Passenger

When the driver starts the trip, insurance coverage is crucial for safety.

Ride-sharing companies cover bodily injury and property damage with liability coverage. They insure third parties for any issues during this period.

The rideshare driver’s insurance could be used, depending on coverage. Coverage gaps or exhausted limits may require using personal insurance.

• Period 3 – Actively Transporting a Passenger

This is when a car-sharing driver drives on the road to drop off a passenger at their destination.

In this period, the rideshare company will likely cover the most comprehensive coverage, where liability coverage for bodily injury and property damage is also included.

• Period 4- Challenges and Transitional Periods

There is a possibility of accidents during the transition phase, and this can happen when the driver is waiting for a request but is already on a trip.

How Can a Rideshare Accident Lawyer Help 

The ridesharing accident attorney can be extremely beneficial in assisting those accident victims. Let’s look at how rideshare accident lawyers can help with claiming compensation. 

• Investigation and Evidence Gathering

A competent attorney will be very meticulous in thoroughly investigating the accident’s facts. This could be evidence in the form of witness testimonies, accident reports, and footage from any cameras that may have been in operation.

• Understanding Rideshare Policies

Ridesharing operators are covered with specialized policies and protocols. If you are involved in a rideshare accident, the lawyer will know the nuances of these insurance coverages and ascertain how they relate to your particular case.

• Identifying Liability Factors

Attorneys may well investigate the case’s facts to spot liability issues. They may investigate and figure out if it was the rideshare service driver, another driver, or even the road conditions that caused the accident.

• Communicating with Insurance Companies

Relating with insurance firms can be quite hectic. Rideshare accident lawyers can help communicate with insurance companies and get compensation. 

• Negotiating Settlements

Lawyers negotiate with insurance companies to reach a mutual settlement for damages. They know the minoring of several damages, such as medical expenses, property damage, lost wages, and pain and suffering.

Takeaway

If you are involved in an accident with a rideshare driver, you must know that you don’t have to go through the complications alone. 

Our professional team at Mokaram Law Firm understands your pain and will support you in achieving justice. We will be your spokesman in the struggle to receive the reparation you are entitled to.

Dealing with insurance companies is a daunting task. They try to reduce the amount of the paid claims as much as possible. 

The attorneys of Mokaram Law Firm have high-level skills that enable them to negotiate with insurance companies and ascertain that your rights are safeguarded and you are paid fairly. 

Their claim-handling experience increases your chances of getting favorable consequences. Contact us today at (281) 609-9224 and get a free consultation.