Sophia E. D. Philor

Key Points:

• Florida law treats rideshare drivers as independent contractors when statutory conditions are met.
• The law in effect on the date of the accident controls liability analysis. 
• Isolated complaints and traffic citations are generally insufficient to prove negligent hiring. 

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A Florida appellate court recently affirmed summary judgment in favor of Lyft, highlighting the liability protections available to rideshare companies under Florida’s Transportation Network Company statute. In Abner v. Lyft Florida, Inc., 422 So.3d 1226 (Fla. 3d DCA 2025), the District Court of Appeal of Florida, Third District, held that Lyft could not be held liable for injuries caused by one of its drivers, rejecting claims for both vicarious liability and negligent hiring and retention.

The case arose from an accident on July 5, 2017, where a Lyft driver collided with a motorcyclist, causing serious injuries. At the time, the driver was providing a prearranged ride through Lyft’s digital platform. The injured motorcyclist’s guardian sued both the driver and Lyft. While claims against the driver were settled, the claims against Lyft continued.

The plaintiff argued Lyft was responsible in two ways: the driver was acting as Lyft’s employee or agent at the time of the accident, and that it was negligent in hiring and retaining the driver. Lyft moved for summary judgment, relying on Florida’s Transportation Network Company statute, section 627.748, Florida Statutes (2017), which had taken effect just days before the crash.

The plaintiff argued the statute should not apply because the driver had been approved to drive for Lyft before it went into effect. The court rejected that argument, explaining that Florida law applies the statute in effect when the cause of action accrues. In negligence cases, that is the date of the accident. R.J. Reynolds Tobacco Co. v. Sheffield, 266 So. 3d 1230, 1233 (Fla. 5th DCA 2019). Since the accident occurred after the statute became effective, the statute governed the claims against Lyft.

Under section 627.748(9), a rideshare driver is considered an independent contractor, not an employee, if certain conditions are met. These conditions include allowing drivers to set their own hours, permitting work on competing rideshare platforms, not restricting other business or employment, and confirming independent contractor status in writing. Lyft presented evidence that these conditions were satisfied, including the driver agreement and testimony from its corporate representative.

The plaintiff argued that the driver did not qualify as an independent contractor because the agreement allegedly limited other work. The court disagreed, finding that the agreement only limited the driver’s activities while actively providing rides through the Lyft platform. Outside of those times, the driver remained free to pursue other employment or business activities. The agreement explicitly confirmed the driver’s discretion to work or not work. The court noted this is consistent with prior Florida cases recognizing rideshare drivers as independent contractors. McGillis v. Department of Economic Opportunity, 210 So. 3d 220, 225-226 (Fla. 3d DCA 2017).

Since the driver qualified as an independent contractor, Lyft could not be held vicariously liable for the driver’s alleged negligence. Florida law generally holds that companies are not responsible for the negligent acts of independent contractors when they do not control how the work is performed. Stander v. Dispoz-O-Prods., Inc., 973 So. 2d 603, 604 (Fla. 4th DCA 2008).

The plaintiff also claimed Lyft was directly liable for negligent hiring and retention, citing a speeding citation, a reckless driving citation, and two negative passenger complaints. The court found this evidence insufficient. Under the statute, disqualification is triggered by certain criminal convictions, and not merely by citations. The driver’s reckless driving incident was only a citation, and a single moving violation did not meet the statutory threshold for disqualification. The passenger complaints were similarly inadequate: one was a vague two-star review with no explanation, and the other involved a single passenger reporting unsafe driving. Given the hundreds of rides the driver had safely completed, the court considered this evidence isolated and minimal.

The limited evidence led the court declining to broadly define negligent hiring claims against transportation network companies. Instead, it resolved the case narrowly, emphasizing judicial restraint. The court explained that if evidence is insufficient to survive a directed verdict at trial, it cannot survive summary judgment. CG Tides LLC v. SHEDDF3 VNB, LLC, 388 So. 3d 1081, 1084 (Fla. 3d DCA 2024); In re Amendments to Florida Rule of Civil Procedure 1.510, 317 So. 3d 72, 75 (Fla. 2021).

For insurance professionals, Abner v. Lyft Florida, Inc. reinforces the protections Florida law provides to transportation network companies. It highlights the importance of applying the law in effect on the date of loss, confirming independent contractor status, and assessing the sufficiency of evidence for negligent hiring claims. It also demonstrates how Florida’s summary judgment standard can resolve weak claims early, reducing exposure and defense costs. The appellate court ultimately affirmed summary judgment in Lyft’s favor.

Sophia works in our Fort Lauderdale, FL office. She can be reached at (954) 233-3026 or SEPhilor@mdwcg.com.