Rideshare services have become a standard mode of transportation, but accidents involving rideshare drivers raise unique questions about liability. Maryland’s rules on insurance and liability provide essential protections for victims of these incidents. A recent Florida case involving Uber Technologies, Inc. offers insight into how courts evaluate liability, especially when the rideshare driver is not actively using the app at the time of an accident. By applying Maryland law to similar circumstances, this discussion highlights critical legal considerations for victims seeking justice.
How Does Maryland Law Addresses Rideshare Liability?
Maryland follows clear guidelines for determining rideshare liability, which often depends on whether the driver was logged into the app or actively transporting passengers at the time of an accident. Under Maryland law, rideshare companies are generally required to carry commercial liability insurance for their drivers, but the coverage only applies under specific conditions:
– App On, No Passenger. If a driver is logged into the app but does not have a passenger, the company’s contingent coverage may apply. This usually includes limited liability coverage.
– App On, Passenger Onboard. When a passenger is present, rideshare companies must provide primary insurance coverage, offering substantial protections.
– App Off or Personal Use. If the app is off or the driver is engaged in personal activities, the rideshare company is not liable for the driver’s actions.
These distinctions are critical in understanding whether a rideshare company can be held responsible for an accident.
Applying Maryland Law to the Campo Case
In the Florida case of Yesit Campo v. Uber Technologies, Inc., the court found that Uber was not liable for a fatal accident because the driver, Castillo, had logged off the app for months and was on a personal errand. Given the state’s approach to liability, Maryland courts would likely reach a similar conclusion under comparable facts.
Under Maryland law, vicarious liability requires that the individual responsible for the harm was acting within the scope of their employment or contractual duties at the time of the incident. Since the driver was neither logged into the Uber app nor provided rideshare services when the accident occurred, Uber would likely not be held vicariously liable for his actions. Maryland courts would also examine whether the driver’s status as a former driver was relevant. Still, as the Florida court noted, his lack of app usage for months would likely negate this argument.
Insurance Coverage and Victim Compensation in Maryland
Maryland law requires all drivers, including those working for rideshare companies, to carry minimum personal auto insurance. When a rideshare company’s liability does not apply, victims must often seek compensation through the at-fault driver’s personal insurance policy. Unfortunately, personal policies may have insufficient coverage limits to fully compensate for damages in severe cases, such as wrongful death.
In such instances, victims or their families may explore additional legal avenues, including potential claims against other responsible parties or underinsured motorist coverage. Maryland law provides that underinsured motorist claims can offer crucial financial relief when the at-fault driver’s insurance is inadequate. Consulting with an attorney can help victims identify and pursue all available sources of compensation.
The Role of Legal Representation in Rideshare Accident Cases
Rideshare accident claims can become complicated due to overlapping issues of liability, insurance, and legal standards. Whether an app-based company is liable often hinges on nuanced legal interpretations. Without experienced legal counsel, victims may struggle to hold at-fault parties accountable or handle insurance requirements effectively.
In Maryland, proving liability in a rideshare accident often involves analyzing evidence such as app usage logs, driver contracts, and insurance policies. Legal representation ensures that these critical factors are thoroughly evaluated. An attorney can also help victims file timely claims and counter defenses raised by rideshare companies, such as the driver being off-duty or engaging in personal activities.
Justice for Victims of Rideshare Accidents
If you or a loved one has been involved in an accident with a rideshare driver, understanding Maryland’s liability and insurance coverage laws is essential. Holding the appropriate parties accountable requires knowledge of legal procedures and the specific protections afforded to victims under state law.
Contact the Dedicated Maryland Injury Lawyers at Lebowitz & Mzhen to Learn More
If you or a loved one was recently injured due to another’s negligence, it’s important you take a few minutes to learn about your rights and what you can do to hold the at-fault party accountable. At Lebowitz & Mzhen, we have decades of combined experience handling all types of personal injury, wrongful death, and medical malpractice lawsuits on behalf of clients throughout Maryland and Washington, D.C. To learn more and to schedule a free consultation today, give us a call at 800-654-1949. You can also connect with us through our secure online contact form.