Personal Injury Claims Involving Commercial & Rideshare Vehicles: What Victims in Florida Need to Know

If you have been injured in a collision involving a commercial vehicle or rideshare driver in Florida, it will be important to have an experienced Miami civil litigation attorney on your side. These cases involve unique issues related to liability and insurance, and working with an experienced attorney is essential for seeking the full compensation you deserve.

Collisions involving 18-wheelers, delivery trucks, and other commercial vehicles often have devastating consequences for victims and their families. The same is true of collisions involving rideshare drivers. While victims of these accidents have clear legal rights, asserting victims’ rights presents a number of challenges. As a result, working closely with an experienced Miami civil litigation attorney is critical to holding the liable parties fully accountable.

Determining Liability After Collisions Involving Commercial & Rideshare Vehicles in Florida

Filing a personal injury claim after a collision involving a commercial vehicle or rideshare driver in Florida starts with identifying the party (or parties) that are legally responsible for the incident. There are several possibilities, and before you can take legal action, you need to know which party (or parties) you have grounds to sue. While every case is unique, the primary options generally include:

The Driver’s Insurance Company – Some truck drivers (i.e., those that are owner-operators) carry their own liability insurance. Rideshare drivers carry (or should carry) their own liability insurance as well—as rideshare drivers are subject to special auto insurance requirements under Florida law. If the driver who hit you is insured and was at fault in the collision, then you may have a claim against the driver’s insurance company.
The Commercial Vehicle Driver’s Employer – If the commercial driver who hit you is an employee, then you may have grounds to sue the driver’s employer. Trucking companies, retailers and other businesses can be held liable for their employees’ negligence on the job under Florida law.
The Company Responsible for Maintaining the Commercial Vehicle – Along with driver negligence, maintenance-related issues are common factors in commercial vehicle accidents as well. If a brake failure or any other maintenance-related issue is to blame for your injuries, you may have a claim against the company that is responsible for the vehicle’s maintenance.
The Rideshare Company’s Insurer – Along with rideshare drivers, rideshare companies are also subject to special insurance requirements under Florida law. While accident victims must generally pursue claims against rideshare drivers’ insurance companies as their first course of action, if you cannot collect from the rideshare driver’s insurer, you may be able to file a claim against the rideshare company’s insurer instead.
Another Third Party – From other drivers to vehicle manufacturers, various other parties can also be held liable for collisions involving commercial vehicles and rideshare drivers in appropriate cases. When you hire an experienced Miami civil litigation attorney to represent you, your attorney will work to identify all liable parties and then pursue all viable claims on your behalf.

Identifying the party (or parties) liable for a commercial vehicle or rideshare accident in Florida begins with an on-scene investigation. This investigation should take place as soon as possible after the accident—which makes it important for accident victims to hire an attorney promptly.

Common Insurance Defense Tactics

Since seeking financial compensation after a collision involving a commercial vehicle or rideshare driver typically requires filing one or more insurance claims, victims must be prepared to deal with the insurance companies’ defense tactics. Insurance companies use a variety of tactics to try to avoid full liability for victims’ injuries, including:

Slow-rolling investigations and claims processing
Blaming accident victims for their own injuries
Making unreasonably low settlement offers
Delaying the process to create financial pressure for victims
Engaging in bad-faith insurance practices (in some cases)

As a victim, knowing what to expect from the insurance companies is important. An experienced Miami civil litigation attorney can explain everything you need to know, assist with calculating your present and future accident-related losses, and then deal with the insurance companies on your behalf.

Steps Victims Can (and Should) Take to Help Maximize Their Chances of Success

With all of this in mind, there are some important steps that victims need to take in order to protect their legal rights after collisions involving commercial vehicles and rideshare drivers in Florida. These steps include (but are not limited to):

1. Taking Detailed Notes

Accident victims should take detailed notes as soon as possible. The more details accident victims can write down, the better.

2. Preserving Evidence

Accident victims should keep any photos they took at the scene of the accident, as well as copies of their medical bills and any other documentation.

3. Engaging Legal Counsel

Given the importance of conducting an on-scene investigation as soon as possible, accident victims should engage experienced legal counsel immediately.

FAQs: Filing a Claim After a Collision Involving a Commercial Vehicle or Rideshare Driver in Florida

Can trucking companies and delivery companies be held liable for accidents involving their drivers?

Trucking companies and delivery companies can be held liable for accidents involving their drivers in many cases. Holding these companies liable typically involves proving that their driver made a mistake behind the wheel, though there are other possibilities as well.

Can rideshare companies be held liable for accidents involving their drivers?

Rideshare companies can be held liable for accidents involving their drivers in some cases. In most cases, however, accident victims will need to file a claim with the rideshare driver’s insurance company.

What kind of attorney should I hire after a commercial vehicle or rideshare accident?

If you need to file a claim for a commercial vehicle or rideshare accident, you will want to have an experienced civil litigation attorney on your side. While most successful claims settle out of court, it is important to be prepared to go to court if necessary.

Discuss Your Case with an Experienced Miami Civil Litigation Attorney at Gonzalez Law Offices, P.A.

To discuss your case with an experienced Miami civil litigation attorney, contact us today. Call 305-676-6677 or contact us online to arrange a free consultation.