Can You Sue Uber or Lyft if You’re Injured in a Self-Driving Vehicle Accident in Florida? 

Engineering will soon make fully automated vehicles (AVs) commonplace. However, the law moves more slowly than the technology it regulates. According to Waymo’s safety statistics, autonomous vehicles can reduce injury-causing crashes by up to 82%, but they do not eliminate these crashes entirely. 

Self-driving rideshare vehicles are now being deployed across Florida. However, these vehicles present complex legal problems, and the law is still evolving to catch up. 

The goal of this article is to help injured victims navigate these issues. To accomplish this goal, you will learn who can be held liable for rideshare accidents and how an AV rideshare accident lawsuit works. 

What Makes a Self-Driving Rideshare Accident Different? 

The term “self-driving” is used to describe autonomous vehicles with varying levels of human control. According to the NHTSA, there are no fully autonomous vehicles currently approved for sale. 

However, many companies sell vehicles with some level of automation. The levels of technology in autonomous vehicles are defined by SAE International as follows:

• Level 0 is momentary driver assistance, such as lane departure alerts.
• Level 1 is driver assistance, such as adaptive cruise control.
• Level 2 is additional assistance, such as autopilot.
• Level 3 is conditional automation, where the system is subject to driver override.
• Level 4 is high automation, where the system has full control in a limited area.
• Level 5 is full automation in all areas.

Level 3 systems are available on some high-end vehicles. These systems require human monitoring. Level 4 systems cover robotaxis, AV rideshare vehicles, and other driverless vehicles. Liability for these systems can fall on the company that made the vehicle or the human operator. 

Florida law specifically permits AV operation on public roads. Companies have tested self-driving technology in Walt Disney World, downtown Orlando, and Miami. You may soon be able to hail a fully autonomous vehicle through a rideshare or taxi app in these locations. 

The operation of autonomous vehicles distinguishes a self-driving vehicle accident from a conventional car accident while riding in Uber vehicles or other rideshares. 

In traditional rideshare accidents, Uber accident claims will typically assert driver negligence. However, in AV accidents, liability could fall on multiple parties, raising the questions, “What happened?” and “Who can be held responsible?” 

Who Can Be Held Liable After a Self-Driving Uber or Lyft Accident in Florida? 

After a self-driving vehicle accident, liability will depend on how the crash happened and who caused it. Your car accident lawyer may pursue several parties for compensation after a self-driving car accident. 

Uber or Lyft (the Rideshare Company) 

Uber, Lyft, and other rideshare companies can be liable for their negligent acts. Even if the vehicle was fully autonomous, the company may be liable as the vehicle owner and operator. 

For example, you might file an Uber accident lawsuit if the company selected an AV system that the company knew or should have known to be unreliable or unsafe. Similarly, a Lyft accident lawsuit might be based on an unreasonable failure by the company to properly maintain its AV fleet.  

Rideshare companies carry commercial automobile liability insurance policies. For example, Uber’s self-driving division (formerly ATG) carries liability coverage. 

The AV Technology Manufacturer 

Manufacturers are liable for product defects. Thus, vehicle manufacturers, such as Waymo, Motional, or Uber ATG, might be liable for a self-driving vehicle accident caused by software defects, sensor failures, or algorithm errors. 

The link between product liability and AV software malfunction or other defects is called “strict liability.” Under Florida’s product liability laws, strict liability means that rideshare accident attorneys do not need to prove negligence. The manufacturer is liable, regardless of its actions to prevent or fix the product’s defect.

The Vehicle Safety Operator (If Present) 

Level 3 AV systems require a human operator as a monitor and safety driver. Some level 4 systems may use a human operator in case a backup is required, although continuous human monitoring is not necessary. 

This operator may be personally liable for negligent acts under Florida’s personal injury law. For example, a Lyft or Uber accident lawyer might sue the operator and their employer if the person failed to intervene in an unreasonably dangerous situation where a crash was foreseeable. 

Another Driver

When human drivers’ strike autonomous Uber/Lyft vehicles, passengers can get injured. The negligent driver is responsible for this type of Lyft or Uber self-driving car accident. Your injury claim will proceed like a conventional car accident case in which the at-fault driver’s liability insurance serves as your primary source of liability compensation.

What Types of Damages Can You Recover? 

You can pursue compensation for the following losses in a rideshare accident lawsuit or insurance claim:

• Current and future medical expenses for treatment, medication, and therapy
• Lost wages
• Reduced earning capacity due to long-term or ongoing disabilities
• Pain and suffering
• Emotional distress
• Property damage

Florida also allows punitive damages in cases of gross negligence. 

These damages may be reduced if you were partially at fault for your accident. Specifically, Florida’s modified comparative rule reduces your compensation if you are up to 50% at fault. You cannot recover any compensation if you are more than 50% at fault. 

Does Insurance Cover a Self-Driving Uber or Lyft Accident?

Insurance may apply to your AV rideshare accident. Under Florida’s AV laws, a rideshare insurance policy must include at least $1 million in primary liability coverage. This policy applies whenever the vehicle is logged into the app or is providing a ride. 

This differs from conventional rideshare policies. These policies provide different coverage when the driver is merely logged into the rideshare app and when the driver has accepted a ride request. 

Rideshare insurance only covers negligence by the rideshare company or its driver. When the crash cause lies with the rideshare vehicle or AV system, fault may shift from the rideshare’s insurer to the manufacturer. 

Generally, rideshare passengers have different protections than other road users. Pedestrians and rideshare passengers primarily pursue compensation under the rideshare policy. 

Conversely, occupants of vehicles hit by rideshare drivers will rely on their own PIP coverage first. They only pursue claims against the rideshare policy if their losses exceed their PIP policy limits, or they suffer significant, permanent injuries.  

Uninsured and underinsured motorist coverage may also cover them if the rideshare policy does not cover all their losses. 

What Should You Do Immediately After a Self-Driving Rideshare Accident in Florida? 

What happens after an Uber accident? Take the following steps to document and prove your claims:

• Remain at the scene and call the police.
• Cooperate with the investigation and request the incident number.
• Document the crash scene, including vehicle damage, injuries, and surroundings.
• Photograph the AV’s displays and sensors.
• Get the names of the safety driver and their employer.
• Seek prompt medical care, even if your injuries seem minor or delayed.
• Save your ride receipt and trip data.
• Do not speak to the rideshare company without a lawyer.
• Do not give recorded statements to any insurers.
• Contact a Florida rideshare accident attorney from Bernstein & Maryanoff, Injury Attorneys, to secure data.

Finally, obtain a copy of your crash report and consult your lawyer to discuss the next steps in your case.

Why AV Accident Claims Are More Complex and Why You Need an Attorney 

The concern about AV rideshares and robotaxis are not based on speculation. Miami is an active testing ground. 

AV companies and rideshare providers have legal teams and insurers to protect them. The best lawyers to sue Uber, Lyft, or other AV rideshare companies will have the experience, knowledge, and resources to stand up to these entities. 

Moreover, these companies control sensor data, software logs, trip data, and black box recordings. An experienced AV lawyer works quickly to secure the data before it is overwritten. 

An AV attorney can analyze self-driving vehicle crashes to identify liable parties and launch the complex multi-defendant lawsuit needed to hold them responsible. Moreover, a lawyer can help you reduce your exposure under Florida’s comparative negligence law, thereby maximizing your claim. 

Discuss Your Self-Driving Vehicle Crash With Bernstein & Maryanoff, Injury Attorneys 

Self-driving rideshare accidents can create complex webs of liability for rideshare companies, manufacturers, and drivers. Florida, generally, and Miami, in particular, will likely see an increase in these crashes as these vehicles are deployed. 

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