I Was Struck by a Rideshare Driver as a Pedestrian. Do I Have a Claim?
April 29, 2019
Rideshare services have become increasingly prevalent modes of transportation in many cities and locations around Florida, including Palm Beach County, Palm Beach Gardens, and West Palm Beach. Rideshare service companies such as Uber and Lyft make it easy for new drivers to start working on the road.
Unfortunately, these drivers may be overworked, tired, distracted or lack driving experience, which could cause them to strike a pedestrian. If you were struck by a rideshare driver as a pedestrian, you may be able to file a civil claim against them, but there are several key things you should consider when deciding whether to pursue one.
A driver for Uber, Lyft, or another rideshare company may or may not be protected by that company’s liability coverage, depending on whether they were working at the time of the accident. According to Florida law and rideshare company standards, each driver operating under one of these companies’ names must maintain minimum personal injury coverage through their own insurance.
To recover civil damages from a rideshare driver, an injured pedestrian would have to prove that driver was at fault with evidence such as witness testimonies, camera surveillance footage, dash cam footage, and police reports. Since Florida follows the pure comparative negligence standard, the driver would be responsible for the amount of fault they are assigned by the court. For example, if the driver were proven to be 80 percent negligent compared to the claimant’s 20 percent, the claimant would be able to recover for up to 80 percent of the total damages or losses they incurred.
An injured pedestrian may also be able to sue the rideshare company for negligent hiring or negligent training. For example, Uber/Lyft or another rideshare service may bear some liability if they hired or retained a driver with a poor driving record or job performance.
According to the pure comparative negligence standard, a pedestrian who is partially liable for their accident could still recover for at least some damages or losses incurred. It is important to note as well that, unlike many other states, Florida allows partially liable plaintiffs to recover damages even if they bear a majority of the fault for their accident. If the at-fault rideshare driver was working for the rideshare company at the time of the accident., the company could provide liability and coverage that an injured pedestrian may be able to claim.
If you or your loved ones were struck by a rideshare driver, contact the attorneys at Domnick, Cunningham & Whalen (DCW) for a free consultation. Call today to receive an overview of your potential claim and get answers to any questions you may have.