Litigating Ridesharing Cases: Recent Development and Trends in Theories of Liability, Ridesharing Regulations, and Insurance Requirements [CC]

Discussion of ridesharing and the unique liability and insurance issues that arise in this context. The panelists will go over detailed information on ridesharing including the following topics:

What is Ridesharing

-Standard definition of ridesharing found in model regulations.

• Ridesharing companies have played a role in formulating how Ridesharing is defined in state regulations.
• Introduction of the different terminology that is used in this field to describe the various parties involved in a ridesharing transaction.

-Phases of a Ridesharing Ride

• The actions of a ridesharing driver fall into one of three distinct categories or phases.
• Phase 1 – The ridesharing driver has their app turned on but has not paired with a rider.
• Phase 2 – The driver had paired with a rider and is on the way to the pick-up location for the rider.
• Phase 3 – The driver has picked up the rider and is in transit to the rider's destination.
• These phases play a role in what insurance coverage is available in the event of an accident and could be weighed by a court considering whether a ridesharing company can be held liable for the actions of a driver.

-New concept of ridesharing that includes other 'gig-economy' driving services (UberEats, Postmates, etc.).

• These services do not fit neatly into the pre-existing regulatory framework. As such, there is uncertainty as to how existing standard will apply to situations involving other 'gig-economy' entities.

-Recent developments and possible major changes on the horizon.

• Ridesharing companies are in the process of lobbying governmental bodies to create a third classification of worker.
• These efforts have been met with some success. Specifically, ridesharing drivers and other 'gig-economy' workers were included in the relief package provided in the CARES Act. Is this preview of likely changes to the existing employment framework for drivers?
• Conversely, prior interpretations from the Department of Labor strongly suggest that ridesharing drivers may be entitled to the protections of federal employment law. Could these interpretations be put back in place? And if they are, what impact will this have on the allocation of liability in the event of the crash?