Miami Rideshare accident lawyers
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The rise of rideshare services like Uber and Lyft has changed the way everyday Americans travel. According to NHTSA’s latest estimates, 39,345 people died in U.S. traffic crashes in 2024, a 3.8% decrease from 2023 and the first time fatalities fell below 40,000 since 2020. That number puts the risks passengers and rideshare drivers face on the road into sharp perspective.
Ridesharing is especially common in Miami, where the roads are among the busiest in Florida. FLHSMV data shows Miami-Dade County recorded nearly 60,000 crashes in 2024 alone, resulting in over 29,000 injuries. For Miami residents and visitors who rely on Uber and Lyft, understanding who is legally responsible after a rideshare accident is not optional.
These popular rideshare services are convenient, cost-effective, and offer a safer alternative for people who want to go out and enjoy an evening with friends and other loved ones. But the increased prevalence of ridesharing has also brought about new problems, particularly when it comes to accidents and liability. If you find yourself involved in a rideshare accident in Florida, you may need the expertise of a Miami rideshare accident attorney to work through this complex legal process. A rideshare accident lawyer can advise you of your rights and options if you get injured while using a rideshare service and will represent you during every step of the legal process.
At Bernstein & Maryanoff Injury Attorneys, our team of dedicated personal injury lawyers, paralegals, and attorneys are proud to offer comprehensive legal guidance to drivers and passengers injured during a rideshare accident. Contact us today for a free consultation.
What is a rideshare?
Ridesharing is a transportation service that allows individuals to request rides from drivers using a smartphone app. These services connect riders with drivers who use their personal vehicles to provide transportation.
Uber and Lyft are the two leading players in the rideshare industry, but many other services offer a similar structure. Unlike taxi cab drivers, rideshare drivers are not employees of a rideshare company. Rather, they are independent contractors under the operations of the rideshare company.
Uber first launched in March 2009 and became an industry leader in ridesharing. In 2012, the company Lyft debuted, positioning itself as a worthy competitor of Uber. Today, Uber operates in over 80 countries while Lyft operates in the US and Canada. As of March 2024, Uber commanded 76% of the U.S. rideshare market, leaving Lyft with the remaining 24%, according to Bloomberg Second Measure transaction data.
Understanding this business structure is important because, in the event of an accident, it’s very difficult to seek compensation from Uber or Lyft themselves. Instead, uber accident victims will typically have to take legal action against the uber or lyft driver or other responsible third parties to recover compensation following an accident.
How do rideshare accidents differ from regular car accidents?
Rideshare accidents differ from typical car accidents in several ways, with key differences being the types of parties that can be held liable and how insurance coverage kicks in. Based on Florida Highway Safety and Motor Vehicles data, nearly 10,000 Florida crashes per year involve rideshare drivers, with approximately 30% of those collisions resulting in injuries requiring hospitalization.
Timing matters in a rideshare accident. The stage a rideshare driver is in when working with a passenger will determine who is responsible for any damages.
The three stages of rideshare driver status
|
Stage |
Status |
Description |
|---|---|---|
|
Stage 1 |
Available |
The rideshare driver’s app is on and they are available to accept a ride request from passengers |
|
Stage 2 |
En route |
A driver has accepted a passenger’s ride request and is going to pick them up |
|
Stage 3 |
On the trip |
A driver has a passenger in the car heading to their destination |
Florida’s rideshare laws
Rideshare services like Uber and Lyft are considered transportation network companies (TNCs). As part of TNC, these ridesharing companies are required to adhere to the rules and regulations of TNC operations in Florida. Under Florida law, rideshare companies must meet the following requirements:
- Adopt a zero-tolerance policy for drug and alcohol use while driving
- Review the driving history of all perspective drivers
- Prohibit drivers who are on the national sex offender registry
- Carry appropriate insurance minimums that satisfy TNC requirements
- Conducting criminal background checks for prospective drivers
- Subject potential drivers to thorough background screenings
Florida’s rideshare insurance requirements
Rideshare drivers must also satisfy the TNC insurance requirements in order to operate in the state. In Florida, rideshare drivers must have a primary automobile liability policy that covers, at the minimum:
|
Coverage type |
Minimum amount |
|---|---|
|
Primary auto liability (death and bodily injury per person) |
$50,000 |
|
Primary auto liability (death and bodily injury per incident) |
$100,000 |
|
Property damage liability (PDL) per incident |
$25,000 |
|
PIP and uninsured/underinsured motorist (UIM) coverage as required by existing Florida state law |
Per state statute |
Both Uber and Lyft also provide their own $1.5 million insurance coverage limits. This insurance coverage covers passengers in the event of an accident.
As we mentioned earlier, the type of insurance that kicks in following an accident depends on the stage a rideshare driver is in when on the job. Let’s take a look at how these stages impact liability.
How driver status affects insurance coverage
|
Stage |
Insurance coverage that applies |
|---|---|
|
Stage 1 – Available |
If the app is off and the vehicle is in personal use, the driver’s PIP insurance applies. If the app is on and they are available, the rideshare company’s coverage may apply if an accident occurs. |
|
Stage 2 – En route |
The rideshare company’s insurance policy is in force after a driver is paired with a passenger. Depending on the circumstances, a driver’s rideshare insurance policy may extend coverage as well. |
|
Stage 3 – Passenger picked up |
Florida law requires that the rideshare company’s insurance policy kicks in to provide primary bodily injury liability. The $1.5 million policy from Uber or Lyft is fully active at this stage. |
Statute of limitations for rideshare accident claims
Under Florida’s 2023 tort reform (HB 837), passengers injured in a rideshare accident now have two years from the date of their accident to take legal action for negligence claims accruing after March 24, 2023, down from the prior four-year window under Florida Statutes § 95.11. After this deadline, a victim may lose the right to file suit. The sooner you speak to an accident attorney, the better.
The 14-day PIP rule
In the event a passenger or driver has to turn to their PIP insurance for coverage, they will need to adhere to the 14-day rule. Under state statute 627.733 (a), injury victims have 14 days to file a claim with their insurance provider to obtain their policy’s benefits. If you miss this window, your PIP coverage will not pay for your medical bills and medical care.
Why acting quickly matters
Despite this statute of limitations, bringing forward a rideshare accident claim as quickly as you can following your accident is important. The sooner you can file a claim, the easier it is to collect critical evidence for your case, including police reports, witness statements, and accident reconstruction records. Waiting too long could impact the strength of your case and reduce the amount of air compensation you may be entitled to.
Who is liable for a rideshare accident in Florida?
Because rideshare drivers are independent contractors, the rideshare company itself is seldom held responsible for the injuries a passenger sustains. According to Uber’s 2024 U.S. Safety Report, there were 153 motor vehicle fatalities and 2,717 serious sexual assault reports on Uber’s platform in 2021-2022 alone. Despite these numbers, determining liability in a rideshare accident often falls on multiple parties rather than the company.
Potentially liable parties in a rideshare accident
Depending on the circumstances of the accident, the following parties may be held liable:
|
Potentially liable party |
When liability may apply |
|---|---|
|
The rideshare driver |
If the Uber or Lyft driver caused the accident through reckless driving, distracted driving, or other negligence while transporting a passenger |
|
The other driver |
If a third-party motorist caused the car crash through their own negligence |
|
A government entity |
If hazardous road conditions (poor signage, faulty traffic signals, unrepaired potholes) caused the accident |
|
The passengers |
If a passenger’s actions directly caused the accident to occur |
|
The rideshare company |
Although unlikely, if Uber or Lyft violated any state or federal law that contributed to the accident |
Comparative negligence
Florida’s legal system recognizes a legal concept known as comparative negligence. Under comparative negligence, two or more parties can be at fault for an accident. The state’s House Bill 837 established a modified comparative negligence standard, barring an individual from compensation recovery if they are found to be more than 50% responsible for causing their own injury. This means that proving liability early and accurately is one of the most important parts of any rideshare accident claim.
Common causes of rideshare accidents in Miami
Miami’s heavy traffic, busy nightlife corridors around South Beach and downtown Miami, and congested highways in Miami-Dade County create conditions where rideshare accidents happen frequently. Common causes include:
- Distracted driving (texting, checking the rideshare app for the next ride request, adjusting GPS)
- Reckless driving and speeding to complete more trips
- Driver fatigue from working extended hours for Uber and Lyft
- Unsafe lane changes and sudden stops for passenger pick-up and drop-off
- Driving under the influence of drugs or alcohol (DUI accidents)
- Poor vehicle maintenance of the Uber vehicle or Lyft vehicle
How can a rideshare lawyer help you after an accident?
Rideshare car accidents are not all the same. A 2024 GAO report on rideshare safety found that no federal requirements exist for consistent data collection on assaults against drivers and passengers, meaning the true scope of harm is likely underreported. Claims filed regarding rideshare car accidents can have drastically different outcomes depending on how the accident occurred and who was at fault.
Working with an experienced rideshare accident attorney can help you work through the complex layers of your accident so you can pursue compensation for your injuries. At the law firm of Bernstein & Maryanoff Injury Attorneys, our team can provide comprehensive legal representation in the following ways:
Proving your case
A skilled attorney can help establish that a defendant is responsible for your injuries. An attorney will establish that a party owed you a duty of care, that they breached that duty through negligence, and that their negligence directly caused your injuries and property damage. These three elements are the foundation of proving liability in a successful personal injury case.
When establishing a duty of care, an experienced attorney will demonstrate that a rideshare driver had a duty to drive their vehicle in a manner that was safe and responsible. Next, an attorney will gather evidence, including police reports, dashcam footage, and accident reconstruction data, to help prove they violated this duty of care. When both these elements are established, a skilled attorney can show that their negligence caused the serious injury and the damages you suffered.
Determine which insurance entity to file claims with
When taking legal action after a rideshare car accident, it’s important to determine which parties are responsible. Depending on the circumstances of your accident, there might be one or more responsible parties. An experienced personal injury attorney will help you determine which responsible parties and insurance companies to go after, whether that means filing an insurance claim against the driver’s insurance, the rideshare company’s policy, or both.
Fight denied claims
When multiple parties are involved in a rideshare car accident, the insurance companies will try to deflect blame, often by denying a claim. When this happens, an experienced car accident lawyer will know how to work through the claims process, handle the appeals, and fight for your rights.
Avoiding low settlement offers
When the insurance companies do agree to a settlement, they may try to undervalue your claim. Working with an attorney with professional negotiating skills can make sure your best interests are represented at every step. Your attorney will evaluate the full scope of your losses, including suffering, lost wages, and future medical care, before accepting any offer.
What damages can you pursue in a rideshare accident?
When you file a claim after an Uber or Lyft car accident, you may be able to collect economic and non-economic compensatory damages. Both are designed to compensate you for your financial losses. Although rare, you may also be able to seek punitive damages. Unlike compensatory damages, punitive damages are designed to punish a defendant for their negligent behavior.
Economic damages (monetary losses)
Economic damages are financial losses that can be calculated with documentation. These include:
- Medical treatment and hospital bills
- Surgeries and rehabilitation costs
- The costs of prescription medications
- Lost income and lost wages due to taking time off work because of your injuries
- Future lost income if your injuries prevent you from returning to your previous job
- Property damage to your vehicle and personal belongings
Non-economic damages
Non-economic damages are designed to compensate injured victims for their pain and suffering following an accident that was caused by the negligence of another. Types of non-economic damages include:
- Pain and suffering
- Emotional distress
- Loss of enjoyment of life
- Disfigurement and scarring
Wrongful death in rideshare accidents
In the worst cases, a rideshare accident can result in the death of a passenger, driver, or third party. If you have lost a loved one in a rideshare crash, you may have grounds to file a wrongful death lawsuit. Wrongful death claims allow surviving family members to seek additional compensation for funeral costs, loss of companionship, and the financial support the deceased would have provided.
Steps to take after a rideshare accident in Miami
If you are involved in a Miami rideshare accident as a passenger, driver, or third party, take the following steps to protect your legal claim:
- Call 911 and report the accident. A police report is one of the most important pieces of evidence in any rideshare accident claim.
- Seek medical care immediately. Even if your injuries seem minor, visit a doctor within 14 days to preserve your PIP benefits and document your bodily injury.
- Document the scene. Take photos of vehicle damage, road conditions, and your injuries. Get contact information from the rideshare driver and any witnesses.
- Save your rideshare trip details. Screenshot your Uber or Lyft trip receipt, the driver’s name, vehicle information, and route.
- Do not give a recorded statement to insurance companies without first speaking to an attorney. Insurance adjusters may try to use your words against you to minimize your claim.
- Contact an experienced rideshare accident lawyer. An attorney can begin gathering evidence and protecting your rights immediately.
Who can file a rideshare accident claim?
Several types of injury victims may have the right to file a rideshare accident claim in Florida:
Pain and suffering
- Rideshare passengers: A passenger injured during an Uber or Lyft trip can file a claim against the at-fault party and the rideshare company’s insurance.
- Other motorists: If an Uber or Lyft driver caused a car crash that injured you, you may file a claim against the driver and the company’s policy.
- Pedestrians and cyclists: People struck by a rideshare vehicle while walking or cycling can pursue compensation from the responsible parties.
- Rideshare drivers: If another driver caused the accident, the rideshare driver can file a personal injury claim for their own injuries and lost income.
Rideshare accidents across South Florida
While our law firm is based in Miami, we handle rideshare accident cases throughout South Florida, including Fort Lauderdale,Hollywood,Coral Gables,Miami Beach,Hialeah, andDoral. Uber services and Lyft operate heavily in these areas, and rideshare accidents in these communities involve the same complex liability questions.
Contact Miami’s best rideshare accident lawyer today
If you have been injured in a rideshare accident, you have legal rights and options. Turn to the team at Bernstein & Maryanoff Injury Attorneys and work with an experienced rideshare accident lawyer who will help you recover the compensation you may be entitled to. We offer a free consultation to review your rideshare accident claim and explain your legal options. Contact us today to get started.
Results you can trust
With a proven track record, extensive experience, and a passion for justice, the personal injury attorneys at Bernstein & Maryanoff, Injury Attorneys, are committed to protecting your rights. View our verdicts and settlements.
Areas We Service in Miami, Florida
Aventura | Coral Gables | Coral Springs | Cutler Bay | Doral | Davie | Fort Lauderdale | Hialeah | Hollywood | Homestead | Kendall | Miami Beach | Miami Lakes | Miramar | North Miami | Palmetto Bay | Pembroke Pines | Pinecrest | Pompano Beach | The Hammocks | Weston
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Jack G. Bernstein has been practicing law since 1983 and it shows. His expertise in personal injury has gained him recognition in Miami and across the state of Florida. The unique strategy that led to his success rests on his passion for protecting his clients’ rights and genuine concern for those in need.