As drivers in Florida, we are all aware of the increased use of Uber® and Lyft® for ridesharing services, which also means we have all seen an increase in accidents caused by rideshare drivers. As we have discussed here before, while Uber and Lyft provide insurance coverage for their drivers up to certain limits, there are conditions that determine when and to what extent rideshare coverage will apply.  If you have been involved in a recent rideshare accident and you are wondering who might be responsible for your injuries, this recent opinion from Florida's Third District Court of Appeals reaffirms that whether the rideshare service might be liable will hinge on whether the driver was “online”—i.e., whether he or she had the Uber or Lyft app on and were waiting to receive a request for a ride or had a customer in the vehicle enroute to his, her, or their destination—when the accident occurred.  Here is what happened in Campo v. Uber Technologies, Inc., 2025 Fla. App. LEXIS 60 (Fla. 3d DCA Jan. 2, 2025). 

The Accident in Campo and Theory of Liability Against Uber

The driver at issue in this case, Castillo, occasionally drove for Uber.  On the day of the accident in 2017, however, the evidence showed he was running a personal errand when he dropped his daughter off at her mother's house.  While Castillo had the car in reverse, his mother's daughter ran into the street and was struck and killed by Castillo's car.  Two years later, the executor of the mother's estate—Campo—filed a wrongful death action against both Castillo and Uber Technologies based on the theory that Castillo may have been working for Uber at the time of the accident, which could render Uber liable for the wrongful death damages.  This theory was based on the fact that Castillo had two cell phones and he may have been logged onto the Uber app on either phone at the time of the accident.

How Uber Proved Castillo Was Not Driving for Uber at the Time of the Accident

Uber was able to prove, through their internal records, that Castillo had not logged into the Uber app in over five months prior to the accident.  Thus, he was not actively driving for Uber at the time of the accident.  In Florida it is well-settled law that in order for an employer—in this case, Uber—to be held liable for the negligent actions of an employee—here, its driver, Castillo—the employee must have been working “within the scope of his or her employment” at the time of the accident.  If the evidence shows the employee ‘stepped away' from his work or abandoned the employer's business at the time the negligent acts were committed, then the employer will not be held liable. 

Because Uber was able to show Castillo was not logged onto the Uber app at the time of the accident, Florida's Third District Court of Appeals agreed with the lower court and found he was running a personal errand at the time and that Uber could not be held liable for the wrongful death.  The estate may appeal this ruling and ask the Florida Supreme Court to review this decision.  We will keep you posted if this occurs as a decision from the Florida Supreme Court on this issue will be pivotal for rideshare cases going forward. 

You can read the full Campo v. Uber opinion here.

Why Rideshare Liability Should Matter to You

If you have been involved in an accident while riding in an Uber or Lyft you may not understand that rideshare insurance is available to provide coverage for your injuries and damages and you may also not understand when or how a rideshare company may be held liable for its driver's conduct.  As this recent Florida opinion indicates: recovering on a rideshare claim can be difficult and complex.  If you have been injured in a rideshare accident, it is in your best interest to contact an experienced insurance attorney, like our attorneys at Taylor, Warren, Weidner, Hancock & Barnes, to assist you in filing your Uber or Lyft claim and pursuing your recovery.  We never charge any fee or cost or require any obligation on your part to simply answer your questions and review your claim.  If you have questions about a rideshare accident, contact us.