Meanwhile, Palm Beach County leaders put the brakes on any decision until this spring, and Miami-Dade is weighing regulatory proposals now. But there is another side to this coin: Lack of driver and vehicle regulation could put the public at higher risk for injury.

This is what is being alleged in a wrongful death lawsuit against Uber following a December 27th fiery crash in Miami. According to The Miami Herald, 20-year-old Pablo Sanchez Jr., a pharmacy student, had contacted an Uber ride using the app on his cell phone. He was looking for a ride for himself and five friends from downtown Miami to his parents’ home 30 miles away in Country Walk. A driver picked them up and they were almost there when the driver allegedly turned left into oncoming traffic. The Uber driver’s sport utility vehicle burst into flames. The driver got out, as did all of Sanchez’s friends. However, he was trapped and died inside.

The young man’s friends told investigators the driver was “looking down” seconds before impact. Authorities are looking into whether the driver may have either been distracted or fell asleep.

As Sanchez’s parents point out in their lawsuit, many ride-sharing service drivers make their own hours and use the service to supplement their income. That means many of them are already working other jobs – sometimes two or three other jobs – and there is no legal limit on how many hours these drivers can work.

A lawyer for the family has been quoted as saying the company should have safeguards to ensure they aren’t allowing drivers who are sleep-deprived behind the wheel.

The lawsuit, which names Uber as well as the two drivers who were involved in the collision, was filed just before Miami-Dade commissioners were slated to discuss whether to legalize the service. Technically, it’s operating illegally in the county because it doesn’t follow the strict car-for-hire rules that taxi drivers are required to abide.

There are some who argue Uber and other ride-share services actually promote public safety and reduce drunk driving accidents because the public has a cheaper, readily-accessible mode of transportation. But there are valid questions about how safe that option really is if drivers aren’t properly vetted and monitored.

Those in the taxi industry are vocal opponents of allowing these services to to operate without the same restrictions they follow. Broward’s solution was to ease restrictions for all of them.

Originally, leaders wanted drivers fingerprinted, passing FBI background checks, taking geography tests and making sure drivers hadn’t been released from prison in the last seven years. All that was scrapped. The companies will have to self-regulate background checks and make sure the vehicles are safe. The ride share services were even allowed to operate with insurance that commissioners don’t believe meets state requirements, though they are waiting back for an official opinion from the state on that issue.

Call Fort Lauderdale Injury Attorney Richard Ansara at (954) 761-4011. Serving Broward, Miami-Dade and Palm Beach counties.

Additional Resources:

Uber suit in Miami-Dade comes as debate looms on driver screenings, Jan. 12, 2016, by Douglas Hanks, Miami Herald

More Blog Entries:

Wrong-Way Accidents in Broward, Miami-Dade Target for Safety Advocates, Jan. 25, 2016, Fort Lauderdale Car Accident Lawyer Blog

The Florida Highway Patrol has launched an investigation into the fatal crash, which claimed the life of Orlando native Corey Allicock, the vehicle’s only passenger. Neither the law enforcement officer, Deputy Scott Sullivan, or Uber driver, 73-year-old Robert Williams, have been cited at this juncture, though the inquiry remains active.

This tragic incidents opens the door to questions about who pays when an Uber driver is involved in a crash. The answer is one that has evolved in recent years, as Uber and other ride-sharing services have gained traction throughout Florida and the country.

Uber, and its smaller competitor Lyft, returned to Broward County in October, following a favorable commission vote prompted by an outpouring of demand by the public. The companies had previously been banned under tight local regulations for paid rides.

The organizations connect riders to drivers via smart phone applications. This has been somewhat vexing in a number of legal arenas, including personal injury law. These operations insist they aren’t “ride companies” but rather “technology companies.” Drivers are independent contractors, and thus driver negligence wouldn’t be the responsibility of the company. But these drivers don’t have commercial licenses, and a flood of insurance companies insisted they weren’t going to pay for the negligence of their insureds who were operating their vehicles with passengers for profit. Now, every ride-sharing service has its own degree of insurance coverage, though its application depends on the circumstances.

UberX, for example, which is an application that uses non-commercial drivers, pays commercial liability insurance up to $1 million and uninsured/ underinsured motorist coverage benefits of up to $1 million. But those only apply if the driver is en route to pick up a passenger or is driving a passenger. If the driver is logged in and waiting for a ride request, the company will offer contingent liability coverage with 50/100/25 limits, to the extent they aren’t covered by the driver’s own personal policy.

In this case, the issue of coverage will depend on who was at-fault in the crash. If the Uber driver was at-fault for running a red light at the intersection, it will likely be Uber’s insurance that will pay. On the contrary, if the deputy was at-fault, the local government will probably be liable to pay. However, that will come with a host of its own issues and challenges, as government employees and agencies are protected under a number of legal doctrines, including sovereign immunity. Even if it’s determined that sovereign immunity for this action is waived, the most a plaintiff could collect would be $200,000, unless there is special approval from the state legislature.

Deputy Sullivan, according to the Orlando Sentinel, had been involved in a chase that ended in a crash at that very same intersection just hours before this auto accident. He was attempting to pull over an allegedly drunk driver who fled. A passenger jumped from the moving vehicle, and Sullivan stopped to render aid to the passenger while other deputies continued pursuit. The driver crashed several blocks away, but was not injured.

Call Fort Lauderdale Injury Attorney Richard Ansara at (954) 761-4011. Serving Broward, Miami-Dade and Palm Beach counties.

Additional Resources:

Man killed after crash between Uber car, Seminole cruiser, Dec. 14, 2015, By Elyssa Cherney, Orlando Sentinel

More Blog Entries:

Broward Bus Driver Has Extensive History of Accidents, Unsafe Driving, Dec. 16, 2015, Fort Lauderdale Car Accident Lawyer Blog