Is Uber Liable for a Florida Car Accident Caused by an “Off-Duty” Driver?
Thousands of South Florida residents work as rideshare drivers for companies like Uber and Lyft, either to earn extra money or, in many cases, as their full-time job. From a legal standpoint, however, these drivers are generally classified as “independent contractors” rather than “employees.” This not only affects the rights of the drivers with respect to employment law. It can also affect the rights of car accident victims who are injured by an Uber or Lyft driver.
Florida Courts Dismiss Wrongful Death Case Against Uber
If a driver is not logged into the Uber app at all–i.e., they are “off duty”–then an accident victim likely has little recourse against Uber itself. The Florida Third District Court of Appeals addressed such a case earlier this year. In Campo v. Uber Technologies, Inc. This case arose from a fatal 2017 auto accident.
The victim was riding in a car driven by her former partner, a man named Castillo, who is also the father of her daughter. After dropping the daughter off, the victim asked Castillo to go to the store to pick up some groceries for her. For some reason, the victim then ran out into the street and as Castillo put his car in reverse, he accidentally struck and killed the victim.
The victim’s estate subsequently filed a wrongful death lawsuit against several defendants, including Uber. The estate alleged that Uber was “vicariously liable” for Castillo’s actions, as he was acting as their employee at the time of the accident. Uber moved for summary judgment, arguing that while Castillo had worked as driver for them in the past–as an independent contractor–he had not logged into the Uber app during the five months preceding the victim’s accident.
Both the trial court and the Third District agreed Uber was not legally responsible for this tragic accident. Even assuming that Castillo was Uber’s “employee,” the Third District explained, “Florida law is well settled that an employer is not vicariously liable for an employee’s actions when the employee is acting outside the scope of his or her employment.” Here, there was simply no evidence that Castillo was logged into the Uber app when he struck and killed the victim, so there were no grounds for the estate to claim he acted within the scope of his “employment” with Uber.
Contact a Miami Uber & Lyft Accident Lawyer Today
Auto accidents involving rideshare vehicles raise a number of legal questions that do not arise in other types of personal injury cases. This is why it is best to work with an experienced Uber & Lyft accident attorney in Miami who understands the law in this area and can advise you appropriately. Contact Pita Weber Del Prado in Miami today at 305-670-2889 to schedule a free consultation.
Source:
scholar.google.com/scholar_case?case=7814422967741365662
