This issue has been litigated in multiple countries since rideshare services like Uber were first put into use. Most passengers dont think about the distinction between independent contractors and employees when summoning a ride, but it becomes very important if a passenger is injured in a Bradenton rideshare accident. If a rideshare driver is considered an employee of the rideshare company, then the company is generally liable for the injuries sustained in a rideshare accident. If a rideshare driver is considered an independent contractor, however, then the rideshare company is not traditionally liable for a drivers negligence.
The general rule is that rideshare drivers are independent contractors, not employees of the rideshare company.
Florida requires all of the following to be true for a driver to be considered an independent contractor:
The driver sets his or her own hours, and is never required to work at a specific time.
The driver is not restricted from engaging in any other job or occupation.
The rideshare company does not prohibit the driver from working for more than one ridesharing company
There is a written agreement between the rideshare company and driver stating that the driver is an independent contractor.
If one of the above is not true, then a driver may be considered an employee of the rideshare company. This means that the rideshare company could be directly liable for injuries suffered in a Bradenton rideshare car accident. For example, rideshare companies that penalize drivers for working with competitors may lose the legal protection afforded by hiring an independent contractor.