San Francisco-based Lyft has been on the rideshare scene since 2012, providing service in Orlando and throughout Florida to eager riders for the last several years. Lyft and other rideshare companies offer convenience and affordability to visitors and residents who need a ride somewhere in Orlando. Users can easily call upon a driver through an app on their phones, and soon after, their Lyft driver will appear. Visitors do not have to rent a car, and residents can avoid parking in busy areas and worrying about whether they have too many cocktails with dinner.
However, the convenience of rideshare companies comes with a price tag, particularly for drivers who must share the road with Lyft drivers. Florida has implemented regulations to increase safety for Lyft riders, but negligent drivers do not always follow the rules. Additionally, rideshare drivers are prone to distractions and seemingly always in a rush, increasing the chances that they will cause a severe or fatal traffic accident. The experienced personal injury lawyers at Michael T. Gibson, P.A., Auto Justice Attorney, can help you through this challenging time in your life.
If you or a loved one has sustained injuries in an Orlando Lyft accident, Florida law entitles you to seek damages from the at-fault party in civil court. Severe car accidents do not only cause physical pain, but also they may emotionally and financially harm victims and their families. Contact us for a free consultation to discuss the circumstances of your Orlando Lyft accident and learn about your options for recovering losses related to your injuries.
Michael T. Gibson, P.A., Auto Justice Attorney, Advocates for Uber or Lyft Accident Victims
The skilled legal team at Michael T. Gibson, P.A., Auto Justice Attorney, has been helping Orlando auto accident victims seek justice since the firm’s genesis, including clients who suffered injuries as a result of a Lyft accident. The firm’s commitment to client advocacy and case preparation has led to the recovery of millions in settlements and court-awarded damages for our clients.
In recent cases, Michael T. Gibson, P.A., Auto Justice Attorney, has recovered between $100,000 and over $3 million for Orlando accident victims and their families. Predicting outcomes in personal injury cases is impossible, as each claim has unique circumstances. However, we will always strive to diligently pursue the best outcome for your Lyft accident claim.
Negligent Orlando Lyft Drivers Cause Accidents
Many different scenarios can lead to a traffic crash, but most are preventable. Even when something like poor weather leads to a car accident, drivers may still face liability if they were driving too fast for conditions or shouldn’t have been on the road in the first place. Lyft drivers have a responsibility to their riders to drive with caution and put safety first, but this isn’t always the case. Some negligent Lyft driver behaviors that may lead to an accident and injuries include:
Speeding
When riders need a Lyft ride, they generally want to get to/from their destinations as soon as possible, and drivers are also in a hurry to give as many rides as possible. Lyft drivers get paid per ride, so they make more money when they drive fast and give more rides. The fast-paced nature of providing rides to others causes many Uber drivers to speed.
This means not only do drivers sometimes travel faster than the speed limit, but they also go too fast for weather or traffic conditions. Speeding makes it challenging for a driver to control his or her vehicle, and loss of control can lead to dangerous and treacherous accidents. Even when speeding does not directly cause an accident, it causes a greater force of impact, resulting in more property damage, more severe injuries, and a higher chance of death when an accident does occur.
Drowsy Driving
Everyone leads busy lives and can fall victim to sleepiness or fatigue. Negligent Lyft drivers who do not get enough rest put passengers and others with whom they share the road at risk for accident and injury. Lyft requires drivers to take a mandatory, uninterrupted six-hour break for every 12 hours that they are signed in to the app and driving to prevent driver fatigue.
While this is a step in the right direction, Lyft does not require the 12-hour period of driving to be consecutive. This means your Lyft driver could go to another job while taking a break. Many Lyft drivers also drive for other rideshare companies. They circumvent this rule by switching apps, ultimately allowing drivers to work 24 hours per day if they so wish. According to the Federal Motor Carrier Safety Administration (FMCSA), operating a motor vehicle after being awake for 18 hours is as dangerous as driving with a breath or blood alcohol content of 0.08 percent. Lyft drivers who don’t get the rest they need can cause severe, sometimes fatal, traffic crashes.
Distracted Driving
It’s common knowledge that driving while distracted leads to car accidents. With the explosion of cell phone use in the past two decades, lawmakers in Florida and around the nation have had to implement distracted driving laws that prohibit drivers from texting and driving. Even with cell phone use restrictions in place in Florida, Lyft drivers still face cell phone distractions. First, drivers must sign in and out of the Lyft app and regularly check notifications about rides.
Many also rely on their phones’ navigation systems if the drivers do not have car GPS systems. Cell phones, however, are not the only distraction that Lyft drivers experience. Indeed, drivers have little control over some distractions, such as loud, obnoxious, or inebriated passengers.
Lyft drivers should choose not to engage in activities that take their eyes off of the road, their mind away from driving, and their hands off of the steering wheel. Some examples include adjusting the A/C or seats, eating while driving, drinking while driving, reaching on the floor or in the back seat for a dropped item, concentrating on an event outside of the vehicle, and daydreaming.
Drunk or Drugged Driving
Driving under the influence of drugs and/or alcohol is illegal and puts others on the road at risk for accidents and injuries. Florida does not require Lyft drivers to hold a commercial driver’s license (CDL), which means they aren’t held to the same standards as other professional drivers. Lyft drivers’ legal alcohol limit is 0.08 percent, like any other non-commercial driver, and they don’t have to undergo random drug tests like other professional drivers.
Lyft does, however, supposedly perform continuous background checks on its drivers. Those with felony drug convictions and those who have been ticketed for driving under the influence cannot drive. However, even these laws and guidelines do not stop everyone who is struggling with drugs and/or alcohol from working as rideshare drivers. Negligent Lyft drivers who engage in drinking or using drugs and driving put passengers and others on the road in harm’s way.
Poor Vehicle Maintenance
While some rideshare companies require their drivers to have regular vehicle inspections, Lyft is not one of those companies. Your driver might be responsible and on top of preventative maintenance, but your driver might also be the person who lets his or her vehicle go before it’s too late.
Little things, like regular oil changes, replacing worn tires, rotating tires, replacing brake pads, and checking and filling all fluids, can prevent mechanical failures that may lead to accidents. A tire blowout or brake failure at a critical moment can lead to a fatal accident. Negligent Lyft drivers who don’t properly maintain their vehicles put riders, motorists, pedestrians, and others who share the road at risk.
Next Steps After an Orlando Lyft Accident – Filing an Insurance Claim
If you have been involved in an Orlando Lyft accident, we assume that you have been checked out by a physician and reported the accident to law enforcement. If you have not been to the hospital, you need to let a doctor examine you as soon as possible. You must also report the accident to your local police department or the Florida Highway Patrol to make sure that you have a legal record of the event.
You must have medical documentation of any injuries, and some common accident injuries, such as whiplash and brain injuries, do not always show symptoms immediately after a crash. Visiting a doctor is in the best interest of your health, and it can help you prevail in an insurance claim or personal injury lawsuit.
We can help you take the following additional steps to help you start the claims process to recover the losses related to your Lyft accident and injuries:
- We can file an insurance claim with your Florida no-fault insurance carrier. Florida requires all motorists who register a vehicle to carry a minimum of $10,000 in personal injury protection (PIP) coverage. You must exhaust your policy limits before making any other claims against an at-fault driver. If a Lyft driver hits you as a pedestrian or while on a bicycle, your PIP coverage often extends to these situations, but we can speak with your insurance carrier to be sure.
- We’ll report the accident to Lyft. Lyft requires drivers to file an accident report when an accident occurs, but we should ensure that the driver has complied. You can file an accident or collision report online. You might quickly meet or exceed your PIP policy limits if you suffered severe injuries. We also need to report the accident to Lyft’s insurance company and/or the Lyft driver’s insurance carrier. This information should be in the official crash report that law enforcement filled out.
- We can protect you from lowball offers when you work with a skilled Orlando rideshare accident attorney. Lyft and its insurance carrier—as well as your own PIP insurer—will take every opportunity available to deny or devalue your claim so they do not have to compensate you for your losses. To maximize your compensation, consult with a skilled Lyft accident lawyer who understands insurance company tactics and can advocate for you. Negligent Lyft drivers need to pay for their poor choices so more people do not fall victim to dangerous Lyft drivers in the future.
Recouping Losses After an Orlando Lyft Accident
If you file a personal injury lawsuit with the help of an attorney after you have met or exceeded your PIP coverage limits, you may receive additional compensation for losses related to your accident and injuries.
If you reach a settlement or if the court finds a verdict in your favor, you may receive compensation for some or all of the following losses related to your rideshare accident:
- Costs of medical treatment beyond the 80 percent that your Florida PIP insurance covers, such as ambulance service, emergency room visit, hospital stay, surgery, aftercare, x-rays, medication, and travel expenses to and from the hospital
- Estimated future medical expenses, if a Lyft accident causes a permanent disability or catastrophic injury requiring extensive recovery, additional surgeries, or life-long care
- Lost wages as a result of missing work because of the Lyft accident, as well as the costs associated with your injuries, hospital stay, and rehabilitation
- Estimated future lost wages when a catastrophic injury prevents a Lyft accident victim from returning to his or her job or from seeking employment in the future
- Physical and emotional pain and suffering
- Mental anguish
- Loss of consortium with a spouse
If you lost a loved one because of a negligent Lyft driver, consult a ride-sharing accident lawyer about a wrongful death lawsuit. Florida law entitles eligible family members to seek compensation for damages related to the loss of their loved ones. Your attorney can determine your eligibility to file a wrongful death suit and advise you on the best course of action for you and your family.
Orlando Lyft Accident FAQ
Lyft remains a favorite transportation option for those who want to get around Orlando for business or pleasure. Yet, the increased popularity of rideshare services like Lyft also comes with risks for passengers and others who share the road. Not all drivers are safe, and those that are must face more distractions than the average motorist.
If you have suffered injuries in an Orlando Lyft accident, you have many decisions to make in the coming days and weeks. At the same time, you are likely experiencing emotional distress on top of physical pain. If you haven’t felt the financial crunch that typically comes in the aftermath of a severe injury, it’s on the horizon. If you are unsure about your next steps, meet with an experienced Lyft accident attorney who can advise you on the best path, given your individual situation. Until you have that chance, we have provided this guide to answer some frequently asked questions about Lyft accidents in Orlando.
Do Lyft drivers in Florida have to carry additional insurance?
Transportation network companies (TNCs), which include Lyft, Uber, and other rideshare companies, initially had little regulation in Florida and throughout the nation. As the popularity of rideshare companies increased over the last several years, states, including Florida, have implemented many laws to regulate TNCs. Under Florida law, Lyft drivers must carry additional insurance, but the exact amount depends on whether they are logged into the app and whether they are carrying passengers.
Here is a broad overview of the guidelines:
- Lyft drivers in Orlando must carry Florida’s mandatory minimum of $10,000 in property damage liability (PDL) and personal injury protection (PIP) coverage. This coverage, as well as any other personal auto insurance coverage, applies when the driver is not logged into the Lyft app and not transporting a rider.
- Lyft drivers in Orlando must have increased coverage when they are signed into the app but not carrying any passengers. The coverage minimums include $25,000 of PDL per accident and $50,000 of bodily injury or death liability per person or $100,000 per accident.
- When Lyft drivers are signed into the app and transporting riders, Florida law requires them to carry $1,000,000 in coverage for bodily injury, death, or property damage. Lyft provides this insurance for its Florida drivers through Greenwich Insurance Company.
Which insurer pays my medical bills if a Lyft driver caused my injuries?
Florida is a no-fault insurance state, so the first step to ensuring that you receive compensation for your medical bills is to file a claim under your mandatory PIP policy. For your PIP policy to kick in, you must go to the doctor within 14 days of your Lyft accident. This is not an issue if you were involved in a severe accident because you likely went to the nearest hospital via ambulance.
However, some drivers and passengers walk away from severe accidents and don’t experience symptoms for a few hours, days, or weeks. Your PIP carrier may deny your claim if you do not seek medical treatment within the 14-day window.
Florida PIP insurance does not apply if you were struck by a Lyft driver while riding your motorcycle. Florida does not require mandatory motorcycle insurance, which means you must rely on your health insurance coverage until you file a claim with the at-fault Lyft driver’s insurance carrier or with Lyft’s insurance company.
Depending on the situation, some accident victims must wait months or years to see any settlement money from an accident. You should also know that if a Lyft driver strikes you while you are walking, running, or riding a bicycle, your PIP coverage will also kick in.
I don’t own a vehicle, so I don’t have PIP insurance. Can I still file an insurance claim?
Florida PIP insurance extends to family members in the same household. For example, if you are a college student who got in an accident while riding with Lyft and you do not own a car, your parents’ PIP insurance would likely cover your medical expenses up to their policy’s coverage limit. If you do not live with a relative, Lyft will pay up to $10,000 of your medical expenses; however, it will first confirm that you do not own a vehicle and require you to complete an affidavit stating you do not own a vehicle. Your Orlando Lyft accident law firm can help you with this process.
How do I file a claim with Lyft’s insurance carrier?
Lyft’s insurance only applies if you were injured as a rider, and you must meet or exceed your PIP policy limit before you file a claim. The easiest way to start the claim process is by reporting the accident directly to Lyft. You can begin the process online on its website or on the app 24 hours per day, seven days per week. The website requires you to enter your phone number. We can handle this process for you as well.
Once you do so, Lyft will call you back within seconds. Take extra care to only offer the information that is absolutely necessary when writing in the Lyft app or speaking with a representative. You can be sure that Lyft’s legal team or its insurance company’s legal team will try to use anything you say or write against you in your claim or in a lawsuit. Let our car accident lawyers review your case and file your claim for you to protect your rights.
Once you’ve reported the accident, Lyft will notify its insurance carrier, set up a claim, and provide you with a claim number that you can use to reference your case. Once you receive your claim number, all contact about the accident will filter through Lyft’s insurance carrier instead of the safety team that takes accident reports. Again, ask us to handle all communications with Lyft and its insurance company.
What if Lyft’s insurance company hasn’t contacted me since I reported the accident?
Unlike other states’ laws, Florida law does not force a specific time frame on insurance companies within which they must respond to claims. Rather, under Florida law, insurance companies must accept or deny a claim “within a reasonable time.“ Those who do not are acting in bad faith and injured individuals are eligible to file a lawsuit against insurance companies acting in bad faith.
The determinative factor in these situations is what constitutes reasonable, and insurance companies are in no hurry to make decisions on claims. If you feel Lyft’s insurance carrier is engaging in unfair practices, we might file a lawsuit against the carrier or file a consumer complaint with Florida’s Department of Financial Services, which is responsible for regulating insurance companies in Florida.
Your complaint will initiate contact between DFS and the insurance company, so you can expect a response soon thereafter. If the insurance company does not respond to your claim, it opens itself up to fines from DFS. Some insurance companies move quickly after a complaint, but others won’t actually start processing a claim until someone files a lawsuit. You can avoid some of the stress that stems from this type of situation by hiring a lawyer to handle communications with the insurance company.
Can I sue Lyft if one of its drivers causes an accident?
Rideshare accident cases are complex, and choosing which party to sue isn’t always obvious. Your attorney will advise you on which party you should name in your lawsuit, and sometimes, that’s multiple parties. The biggest problem with suing Lyft after a driver causes a traffic crash lies in the fact that Lyft tries to claim its drivers are not employees but independent contractors.
Lyft and other rideshare companies designate drivers as independent contractors to protect their companies from lawsuits related to accidents caused by drivers. The law, however, could change as legislatures try to reclassify Lyft drivers as employees and courts rule that they are.
In any event, some circumstances do exist that make injured accident victims eligible to sue Lyft directly. For example, if Lyft didn’t conduct the proper background check or didn’t appropriately act on the information that it found on a background check, you could potentially argue that Lyft was negligent by letting the driver offer rides through its app.
How long do I have to file a lawsuit after an Uber or Lyft accident?
Florida law permits individuals who have suffered injuries to file a lawsuit against the at-fault party so long as they do so within four years from the date of the accident. If a loved one has suddenly died as a result of a negligent Lyft driver, eligible surviving family members generally must file a wrongful death suit within two years. Florida courts follow these statutes of limitations closely, so if you are beyond the time limit, it’s highly unlikely that a court will hear your case.
Consult a car accident lawyer as soon as possible. A car accident lawyer can advise you on the best course of action given your individual circumstances and make sure that no crucial evidence or witnesses get lost before you have a chance to file your claim.
Do I have to go to court to receive compensation for my Lyft accident injuries?
Most traffic accident claims settle without ever going to trial. Some even settle without you having to file a lawsuit. Your attorney will handle communications with the relevant insurance company and try to reach a fair settlement amount for your injuries and losses. As you likely know, insurance companies often deny claims or attempt to devalue claims.
In either case, you may not end up securing a settlement that covers the full cost of your injuries. This means your lawyer may need to litigate your case because a fair settlement is not an option. Sometimes insurance companies will negotiate days or hours before a trial, so a settlement still might happen even if you have a trial date. If your case goes to trial, you probably will have to go to court.
How much is my Lyft accident claim worth?
Predicting the financial outcome of an accident claim is next to impossible. Your attorney can sometimes offer a ballpark figure based on past experience, but so many factors exist that may increase or decrease the value of your claim.
It’s simple to add up economic losses, such as lost wages and medical bills, but estimating future medical expenses or taking into account future lost wages isn’t as easy. Many lawyers call upon medical experts, life care planners, and other specialists to help them place a monetary value on your claim.
In addition to your economic losses, your attorney will evaluate the severity and nature of your injury, as well as your long-term prognosis, to decide the amount of damages that you should seek. Although exceptions exist, more severe permanent injuries will yield larger settlements or jury verdicts than minor injuries that heal quickly. Your attorney might advise you to ask for punitive damages if your Lyft driver acted with gross negligence. Courts reserve punitive damages for the most extreme accidents involving willful harm or egregious negligence.
Should I take an early settlement offer?
Lyft carries $1,000,000 in liability and property damage coverage, as required by Florida law. Although the company has a large coverage amount, that doesn’t mean it wants to pay out large settlements, especially those that reach the maximum policy limits, or else Lyft would go broke. Instead, insurance companies jump through every hoop possible to deny or devalue a claim. One common tactic that pushes the envelope of business ethics is offering accident victims quick settlement offers right after their accidents. Many accident victims have financial stress, and insurance companies know just the right amount to get someone to bite.
You should never accept an early settlement without first consulting with an Orlando Lyft accident lawyer. First, when you accept an offer, you also waive your right to sue. This prevents you from taking action if your injuries do not heal as planned. Second, early settlement offers are rarely full and fair compensation for accident injuries. You should consider your offer as a jumping-off point for negotiations. Attorneys are trained negotiators, so you can let your attorney handle negotiations, which typically results in a better offer than accident victims can negotiate on their own.
How can I afford an Orlando Lyft accident lawyer?
When you choose a lawyer to represent you in your Lyft accident claim, you do not have to pay any money upfront or out-of-pocket. Personal injury firms like ours take accident cases on a contingency fee basis, recovering their costs from any settlement or verdict we help you to recover. If we can’t help you to recover compensation, you’ll owe us nothing.
Contact Michael T. Gibson, P.A., Auto Justice Attorney After an Orlando Lyft Accident
Suffering severe injuries in a traffic collision comes with emotional distress and financial challenges on top of the physical pain of injury and recovery. You should not suffer when another party caused the accident that led to your injuries. Instead, focus on your recovery and rehabilitation, and let a skilled Orlando Lyft accident lawyer advocate for you and work to maximize your compensation. Contact Michael T. Gibson, P.A., Auto Justice Attorney, or call (407-422-4529, for a free consultation to discuss the details of your Lyft accident claim.
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Michael T. Gibson, P.A., Auto Justice Attorney
2420 S. Lakemont Avenue, Suite 150
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Phone: 407-422-4529
407-422-4529