Can You Sue Uber or Lyft If You’re Injured in a Self-Driving Vehicle Accident in Tampa?
Tampa is considered the #14 top-growth market for rideshare drivers, with high demand for Uber and Lyft drivers. Waymo is also in the early stages of mapping Tampa streets with their AVs. Uber anticipates a rapid increase in automated vehicle rides over the next two years, followed by a steady increase of 10 to 15% annually through 2030.
As AV technology expands, drivers need to be aware of their options if they are injured in a self-driving vehicle accident in Tampa.
AV crashes are much more complex than conventional accidents, as they can also involve product liability and multiple negligent parties. Navigating your injury claim requires the assistance of the experienced Tampa Uber accident attorneys at Jack Bernstein, Injury Attorneys.
Were you injured in a car accident? Contact Jack Bernstein, Injury Attorneys, now.
What Makes a Self-Driving Rideshare Accident Different From a Regular Uber or Lyft Crash?
Florida laws have already been updated to allow autonomous vehicle operations in the state.
An AV accident in Tampa differs from a regular Uber/Lyft crash in several ways:
- Liability shifts: Regular rideshare accidents have a driver who could be negligent. AV accidents or not, liability must shift to the vehicle, owner, technology company, software company, or vehicle manufacturer.
- Proving negligence: Establishing that a driver is at fault is much easier than proving an AV is at fault. You must look at what went wrong, why, and whether it could have been prevented.
- Data-driven insurance investigation: The insurance adjuster will review the vehicle’s “black box” data to determine why the car failed and why the accident occurred. If the data show the vehicle was operating correctly, it further complicates your claim.
- Type of claim: Regular rideshare accidents are filed against auto insurance. With AV crashes, auto insurance and product liability claims could come into play.
Who Can Be Held Liable After a Self-Driving Uber or Lyft Accident in Tampa?
Various parties could be held liable in a self-driving accident in Tampa.
Uber or Lyft as the Operator
When there is an actual human behind the vehicle, even when the car is operating in automated mode, they could be responsible. Florida Statute § 627.748 requires Uber and Lyft to provide $1 million in coverage when their drivers are active. Rideshare companies cannot entirely shift the blame to the software manufacturer, as a driver was present who could have acted to prevent the crash.
The AV Technology Manufacturer
For full autonomous vehicles without a driver, the AV technology manufacturer could be responsible under product liability claims for:
- Sensor failures
- Software defects
- Algorithm errors
Florida’s strict liability laws allow you to hold the manufacturer accountable for any injuries caused by defects. You do not have to prove that the company is negligent. Instead, the focus of your claim is proving the defect resulted in your injuries.
The Safety Operator
As mentioned earlier, when a human is present, they are responsible for monitoring the AV and taking action to prevent an accident. If they do nothing, then they could be liable for the crash.
What Compensation Can You Recover After a Tampa AV Rideshare Accident?
You are allowed to seek compensation for economic and non-economic losses in Tampa ride share accidents and AV crashes.
Your claim could include:
- Present and future medical expenses
- Prescription costs
- Rehabilitation costs
- Specialist care
- Present and future lost wages
- Diminished future earning capacity
- Loss of benefits
- Pain and suffering
- Emotional distress
- Personal property damage
You are allowed to file a claim, even when you are partially at fault, as long as you are less than 50% at fault. However, your total compensation is reduced by the percentage you contribute to the crash. Punitive damages may also be available in rare cases where the responsible party was grossly negligent or reckless.
Does Insurance Cover a Self-Driving Uber or Lyft Accident in Tampa?
Insurance does cover self-driving accidents. However, who you file against could vary based on various factors, as follows:
- Period zero: The driver’s personal auto insurance applies.
- Period one: The driver is logged in but doesn’t have an active ride. Limited coverage is available at a higher rate than the driver’s insurance.
- Period two or three: The $1 million in coverage provided by Uber or Lyft applies.
- UM/UIM coverage: If the driver’s insurance or the limited coverage is insufficient to cover your losses, you can file against your own UM/UIM coverage.
Liability can shift from the driver, Uber, or Lyft to the AV manufacturer, if the vehicle is in autonomous mode, and the driver took action to prevent the crash. Regardless, ensure you always screenshot your trip receipts immediately after each ride, as they can be valuable evidence.
What To Do Immediately After a Self-Driving Rideshare Accident in Tampa
Follow these steps immediately after a self-driving ridesharing accident:
- Call 911 and report the accident.
- Notify the rideshare company of the crash through their app.
- Seek immediate medical attention, even for minor symptoms.
- Stay at the scene until the Tampa PD or the Hillsborough Sheriff’s Office arrives to obtain an official police report.
- Photograph vehicles, AV sensors, damage, injuries, and road conditions.
- Get contact details for any witnesses.
- Note if a safety operator was present and record their details.
- Screenshot the Uber/Lyft trip receipt for insurance period proof.
- Avoid making recorded statements to Uber, Lyft, or insurance adjusters, as they can be used against you later.
- Never admit fault or contributing fault.
- Contact a rideshare accident lawyer in Tampa immediately to preserve AV data.
Why Self-Driving Accident Claims Are More Complex and Why Tampa Victims Need an Attorney
A Lyft or Uber self-driving car accident injury claim involves knowing who to file against. There could be multiple parties responsible. If you only file against one, you could be missing out on compensation you are otherwise entitled to receive. If you attempt to settle your claim on your own, you need to be aware that Uber/Lyft has teams of lawyers to minimize payouts. Their insurance companies also have teams of lawyers advising the adjusters on how to reduce, limit, and even deny your claim.
Some reasons you should consider getting help from a Tampa rideshare injury attorney include:
- Cases can quickly become complex, especially when product liability laws enter the claims process.
- Access to the “black box” data requires a formal court subpoena.
- Insurance adjusters can attempt to shift blame and claim you are partially at fault to reduce your payout, even when you are not.
- Insurance companies are less likely to offer a fair settlement because you lack full knowledge and experience with all the local and state traffic laws, personal injury laws, and product liability laws.
Get Help From Our Tampa Rideshare Attorney for Your Claim
Jack Bernstein, Injury Attorneys, assists victims of Tampa rideshare and AV accidents. Some of the benefits of getting help from our Tampa personal injury lawyers are:
- Free case evaluations and consultations.
- We only collect legal fees after we settle your case, so there are no upfront legal costs.
- We are familiar with local courts in Tampa and Hillsborough County.
- Our Tampa Lyft accident lawyers have actual trial experience.
- Accurate monetary valuation of your injuries and the compensation you can seek.
- We handle all aspects of the case, no matter how complex it becomes, even going after multiple parties.
Request your free consultation by filling out our online contact form or calling our office today. Even if you already have a settlement offer from the insurance company, do not accept it until you get an honest, legal opinion.
Were you injured in a car accident? Contact Jack Bernstein, Injury Attorneys, now.
FAQ About Self-Driving Car Accidents in Tampa
About the Attorney
Jack G. Bernstein, ESQ.
Jack G. Bernstein is a veteran Florida personal injury attorney with over 40 years of experience practicing since 1983, successfully litigating 50,000+ cases spanning car accidents, truck accidents, slip-and-fall accidents, wrongful death and complex personal injury claims. A proud University of Miami School of Law graduate, he holds active membership in the Florida Bar Association and Clearwater Bar Association. Jack delivers relentless, client-first advocacy to maximize compensation and justice in every case.