Comparative Negligence and Your Rideshare Accident
Rideshare accidents are like many other motor vehicle collisions. A common source of dispute is fault. In Florida, our law recognizes that not all accidents are the blame of only one person. Instead, many people are injured when two or more motorists are negligent. At Pita Weber Del Prado, we can negotiate compensation for people hurt in Uber and Lyft accidents. We see comparative negligence arise in two situations: when our clients are passengers in a rideshare, or when our client was driving their own vehicle when struck.
Were You a Passenger in an Uber or Lyft?
As a passenger, you are not liable for the crash, since all you were doing was sitting in the backseat. However, comparative negligence can crop up if your Uber/Lyft driver blames someone else on the road for causing the collision. This other driver might point the finger right back at your driver.
For example, your driver might have been fiddling with a GPS or looking at their phone when your car was struck by a speeding motorist. Since both drivers failed to drive carefully, you technically have a legal claim against both.
The good news is that passengers are not required to pick through evidence and decide who is the right defendant. Let the Uber/Lyft driver’s insurance company add another motorist as a defendant to the case. The rideshare insurance should also cover any uncompensated losses if the at-fault motorist lacks sufficient benefits.
Did an Uber or Lyft Driver Strike You?
We can also help people who are hit by a rideshare vehicle. You also are entitled to compensation for the driver’s failure to use care. However, this motorist might also allege you are partially to blame for the crash because you did not drive safely.
Comparative negligence matters enormously in this situation. If you are more than 50% at fault, then you will not receive any compensation. That’s the new “tort reform” law Florida passed in 2023. Similarly, you get less time to sue (only two years).
If your share of fault is 50% or less, you can still demand compensation but you receive less. When we represent motorists hit by an Uber, we always pay close attention to any allegation of comparative fault. It could take a big bite out of any settlement.
Let us gather the relevant evidence to use in a case. Ideally, you will not apologize or make any statement to the Uber/Lyft driver following an accident. An admission of fault could undercut your legal rights. Stay off social media and schedule a meeting with our law firm to identify what to do next.
Contact Us for a Consultation
A Miami Uber and Lyft accident lawyer is ready to help you. Our firm knows how to sift through evidence to find what is most relevant. We can also skillfully negotiate with one or more defendants and their insurance companies to fund a fair settlement. Contact us to schedule your free, no obligation consultation with an attorney at Pita Weber Del Prado.
