How Does “Vicarious Liability” Apply to My Florida Car Accident Case?

Car accidents often involve more than one party who may be financially liable for any injuries sustained by the victims. A common example of this is when the negligent driver who caused the accident did so while working for someone else. In that scenario, the employer is considered “vicariously liable” for their employee’s actions.

Vicarious liability simply means that a principal is legally responsible for the acts of their agents. It is considered a form of indirect liability under Florida law. In other words, you do not need to prove that the principal was negligent. Once you prove the agent was negligent, the law then transfers that responsibility to the principal.

Lyft Not Responsible for Catastrophic Motorcycle Accident Involving “Independent Contractor” Driver

When vicarious liability for a Florida car accident is based on an employer-employee relationship, the plaintiff needs to prove two things: First, that the agent was actually an “employee,” as that term is defined in the law. Second, that when the accident occurred, the employee was acting within the scope of their employment.

With respect to the first requirement, a common defense when a business faces a personal injury lawsuit is to claim the negligent driver was not their employee but rather an “independent contractor.” As a general rule, vicarious liability does not apply to an independent contractor relationship. The contractor is considered wholly responsible for their own actions.

This issue often arises when dealing with accidents involving Uber and Lyft drivers. For example, the Florida Third District Court of Appeal recently upheld a Miami-Dade judge’s dismissal of a personal injury lawsuit against Lyft over a July 2017 accident. While providing a ride to a customer, a Lyft driver struck and seriously injured a motorcyclist. The motorcyclist’s legal guardian then sued both the driver and Lyft.

The driver settled. Lyft contested the lawsuit, arguing it was not vicariously liable for what happened as the driver was an independent contractor. Specifically, Lyft pointed to Florida’s Transportation Network Companies law, which took effect in 2017, and provides that a rideshare driver is not considered an “employee” of a service like Lyft if four conditions are met.

Here, both the trial court and the Third District agreed the conditions were met. In brief, the conditions are:

• Lyft did not prescribe the hours the driver had to work.
• Lyft did not prohibit the driver from using other networks such as Uber.
• Lyft did not restrict the driver from engaging in any other occupation or business.
• The driver accepted Lyft’s terms of service, which stated he was considered an “independent contractor.”

Since the driver was properly classified as an independent contractor, the Third District said Lyft could not be held vicariously liable for the accident.

Contact a Miami Car Accident Attorney Today

Following any auto accident, it is important to conduct a complete investigation, not just into the underlying causes of the crash but also the various individuals and businesses who might be legally responsible in a personal injury claim. Our Miami car accident lawyers can assist you in this area. Contact Pita Weber Del Prado today at 305-670-2889 to schedule a free consultation.

Source:

flcourts-media.flcourts.gov/content/download/2470161/opinion/Opinion_2024-0479.pdf