Considering the year-round mild temperatures and gentle ocean breezes, it is easy to see why many South Floridians choose to get around by foot or bicycle. Walkscore ratings for Miami are proof, giving the city high marks at 78 for walkability and a 65 for bike riding. The downside is that the increase in foot and bicycle traffic can cause some tension with the number of motorized vehicles, especially in the heart of downtown and during rush hours. Add to that an explosion in the number of people using Uber and Lyft, and you have a potentially disastrous scenario that can lead to serious rideshare accidents with pedestrians and bicycle riders.
Fortunately, it does not matter if you were in a motorized vehicle to seek your legal remedies as an injured victim. Florida laws protect the interests of pedestrians and bicyclists, so you should discuss your options with a Miami rideshare accidents attorney.
Vulnerable Road Users Have Rights After a Rideshare Accident
Drivers of motorized vehicles must share the road with pedestrians and bicyclists, so those drivers can be held accountable when their careless actions cause an accident. These liability rules apply to motorists who provide rideshare services through Uber or Lyft, termed ‘transportation network companies’ (TNCs) under Florida law. To recover compensation, you must prove that:
- The rideshare driver had a duty to exercise reasonable care while behind the wheel;
- That person breached this legal duty;
- The breach of duty was the direct cause of the pedestrian or bicycle accident in which you were injured; and,
- You sustained losses as result of being hurt.
When you establish all four of these elements, you may be entitled to monetary damages for your medical bills, lost wages, pain and suffering, and many other losses.
Compensation for Pedestrians and Bicycle Riders
The first step in seeking compensation after an accident is filing a claim with the responsible driver’s insurance company. When that motorist provides rideshare services, there are two insurers involved: That individual’s personal auto insurance AND the insurance companies for the TNC. Florida law requires Uber, Lyft, and all other TNCs to have a minimum of $1 million in coverage to protect all victims of rideshare accidents – including people on foot or bikes.
As such, the key in a pedestrian or bicycle accident is whether the responsible party was:
- Driving as a rideshare provider, in which case you pursue your remedies through the insurer for Uber or Lyft; or,
- Driving for his or her own private use, which takes rideshare insurance out of the picture.
Discuss Your Options with a Miami Rideshare Accidents Lawyer
Our team at Gerson & Schwartz, PA is dedicated to assisting all victims of Uber and Lyft collisions, including pedestrian and bicycle riders. For more information on your legal options, please contact our offices in Miami, Fort Lauderdale, or West Palm Beach, FL to schedule a free consultation with one of our experienced attorneys.