Car accidents in Fort Lauderdale leave their victims grappling with uncertain (if not frightening) futures. How are you going to keep up with medical bills and household expenses? When will you be able to get back to work? Will you ever be able to return to the life you once knew?
Rideshare accidents lead to another unanswered question: who is responsible? If you suffered an accident after using Uber or another ridesharing app, you can work with a Fort Lauderdale Uber accident lawyer to seek compensation for your injuries and losses.
At the Law Offices of Anidjar & Levine, our Fort Lauderdale rideshare accident lawyers help victims who suffered injuries during what should have been safe, uneventful Uber rides. We also help pedestrians, bicyclists, and other motorists struck by rideshare vehicles. Expenses add up quickly following an accident. Do not wait until you reach the end of your personal injury protection (PIP) coverage to speak with an Uber accident lawyer in Fort Lauderdale, FL, about your legal rights and options.
Take back control of your life. Call us today to learn more during a free case consultation.
How Do Our Fort Lauderdale Uber Accident Lawyers Help Injury Victims?
Some accident victims think they can only turn to a lawyer as a last resort or if their accident was especially severe. In reality, our Fort Lauderdale car accident lawyers can provide practical help from the beginning. In fact, you can call us right after the accident to put us on the case.
You deserve a Fort Lauderdale personal injury lawyer who will fight for you, especially if the other party tries to convince you that you deserve less. We’ll provide you with:
- A free consultation to answer your questions and explain our process
- Aid in scheduling medical appointments and transportation
- Help in getting your vehicle assessed and repaired
- Your attorney’s direct phone number so that you can ask questions
- Regular updates on the progress of your personal injury claim
- Prompt return of calls and emails so that you never feel left in the dark
Even if you are just looking for information, you can consult our rideshare collision lawyers. It’s better to be armed with knowledge early in the process than to wait until you are already feeling frustrated, overwhelmed, or undervalued.
How Can You Afford an Injury Lawyer From Our Legal Team?
A car accident can come with a host of unexpected expenses. We do not want the cost of hiring a lawyer to be one of them, which is why we work on a contingency-fee basis. This arrangement costs you nothing up front to partner with our team. We do not charge hourly rates or retainers, either. We take payment from the final settlement we get for you.
We love going the extra mile for our clients. If our Uber accident lawyer in Fort Lauderdale does not win your case, you do not pay any attorney’s fees.
How Long Do You Have to File Your Potential Uber Accident Lawsuit?
The state of Florida generally gives you two years from the date of your accident to file a personal injury lawsuit, per Florida Statutes § 95.11. Those two years don’t need to be spent sitting around and waiting. In fact, our Uber collision attorneys in Fort Lauderdale can get to work on your case long before that deadline.
Be advised that once the statute of limitations has passed, it is generally impossible to recover any damages. The courts will bar your case, which will cost you any negotiating leverage with the insurance companies.
However, some exceptions could give you more time to act, such as:
- The at-fault driver left the accident scene, so you don’t know their identity.
- The at-fault driver gave you a false name or otherwise tried to hide their true identity.
- You were under the age of 18 when injured.
- A disability prevents you from filing your case quickly.
Our law firm can determine how long you have to file a lawsuit under the statute of limitations, but you must contact us as soon as possible. Once you do, our attorneys will spend that time doing the following:
Building Your Personal Injury Claim
For a successful car accident claim, our attorneys must demonstrate negligence, which includes:
- Duty of Care: The Uber driver’s legal responsibility to operate their vehicle safely.
- Breach of Duty: The moment the Uber driver deviated from their duty.
- Causation: The accident and injuries you suffered as a result.
- Damages: The losses you incurred.
Proving those four elements requires evidence. We have the resources to:
- Investigate the accident scene for physical evidence like skid marks
- Compile documents, such as medical records and the police report
- Review photos and surveillance videos
- Interview eyewitnesses for their statements
- Consult with experts like doctors and economists for their expert testimonies
Our Fort Lauderdale Uber accident attorneys will manage your insurance claim, analyzing the full spectrum of your losses and expenses, and filing it with each liable party, seeking the maximum compensation possible for your recovery.
Handling the Insurance Companies on Your Behalf
We can give you the time to heal from your injuries, allowing you to reach maximum medical improvement (MMI). This time allows us to better understand the scope of your healthcare and financial needs. With that understanding, we are in a better place to review and explain any settlement offers you receive from insurers.
You won’t have to deal with the insurers after your car accident. We will handle all communications with them, talking to insurance adjusters and rideshare company representatives, so that you are left at peace to recover.
Proceeding to a Trial if Necessary
Thankfully, most cases settle out of court. We will negotiate with all parties involved to achieve a fair settlement for your losses. However, if we cannot reach a fair settlement, we will recommend taking your case to court.
When we build your case, we prepare from the onset for a lawsuit, if it becomes necessary. If the auto insurance companies refuse to work with us, we can take our evidence and arguments and seek a court award.
These are steps we can take in your rideshare accident case, but you must contact us before the statute of limitations expires. Call or complete our online form and learn how the Law Offices of Anidjar & Levine can help.
Recoverable Damages Our Fort Lauderdale Uber Accident Attorneys Will Seek
Recovering fair compensation requires a careful analysis of the accident’s impact on your life. It may also require the special testimony of qualified experts in certain fields to establish the extent of your injuries, earning capacity, and other facts. We can accomplish these tasks on your behalf.
If another party is liable for your injuries, you could recover:
- Past/ongoing medical expenses
- Future medical expenses for chronic or permanent injuries (within a reasonable degree of medical certainty)
- Pain and suffering (past and future)
- Emotional distress
- Prescription and over-the-counter medications
- Durable medical equipment
- Rehabilitation expenses
- Accessibility accommodations
- Medical equipment, like crutches or wheelchairs
- Lost wages (even if you used vacation time or sick leave)
- Loss of future earning potential (including retirement losses)
An injured victim’s spouse may also recover compensation for loss of consortium, which refers to the loss of companionship and intimacy that can come with certain injuries.
If you lost a loved one in an Uber collision, compensation may also be available. Surviving family members and the deceased victim’s estate can pursue justice and financial recovery through a Fort Lauderdale wrongful death lawsuit. Your family could receive compensation for:
- Prior medical expenses, such as end-of-life care
- Funeral services, burial costs, and other related expenses
- Income your loved one would have provided
- Loss of consortium for the surviving spouse
- Loss of parental guidance for surviving children
Florida law specifically allows for the pursuit of additional damages beyond your auto insurance policy coverage in the event of a loved one’s death. Ordinarily, no-fault laws only permit accident victims to recover basic losses through their own insurance. According to Florida Statute § 627.737, injuries resulting in death allow for the recovery of more compensation, like pain and suffering, from the responsible party.
There are some restrictions on who can file wrongful death claims. Our rideshare attorneys can go over your family’s options during your free consultation.
Determining Fault, Negligence, and Liability in a Rideshare Accident
If a rideshare driver’s negligence caused damages, Uber could be liable for negligent hiring, training, monitoring, or retention. These theories depend on whether Uber could have foreseen the harm. Uber could be liable for the accident if it knew or should have known of a driver’s dangerous tendencies.
Following an Uber accident, obtaining as much available data as possible about the rideshare driver is essential, and we can do this for you. A transportation network company (TNC) like Uber must maintain driver records for at least one year following the driver’s departure from the TNC.
At a minimum, your Fort Lauderdale Uber accident attorney can request the following data:
- The at-fault driver’s full driving record
- Any passenger/customer complaints or other negative feedback (whether recorded through the app itself, in another online forum, or offline)
- Safety inspection reports and vehicle maintenance records
- In-vehicle monitoring reports
Data preservation is essential in these cases. Uber is also subject to Florida’s Consumer Protection statutes. These laws protect consumers from misrepresentations, deceptive advertising, and unfair trade practices.
The Rideshare Driver’s Status Affects Liability
Florida Statutes § 627.748 states that rideshare companies like Uber are not “common carriers” in Florida. This means Uber does not owe passengers the same heightened duties of care as limousine drivers, taxi drivers, bus drivers, or airline pilots.
Nevertheless, those injured while taking an Uber or third parties (like pedestrians, bicyclists, or other drivers) injured by Uber drivers may be eligible to file a claim with the rideshare company’s insurance policy.
The coverage available under Uber’s insurance policy depends on the driver’s status at the time of the wreck.
What Happens If the Rideshare Driver Was Awaiting a Request?
Uber’s liability policy may cover third parties injured by the Uber driver while they are available for passengers but waiting for a request. The liability coverage in this scenario is $50,000/$100,000 for bodily injury liability and $25,000 for property damage liability.
Note that this coverage only applies if the driver’s insurance does not cover the accident.
Who is Liable If the Rideshare Driver Was Going to Pick Up a Passenger?
In this scenario, Uber’s policy covers drivers for their liability to third parties and injuries drivers suffer because of uninsured drivers. This policy includes $1 million in total liability coverage.
What If the Rideshare Driver Had a Passenger in Their Vehicle?
The same $1 million liability policy applies if the Uber driver is transporting a passenger.
What If the Rideshare Driver Was Not Actively Using the App?
If the driver was not using the Uber app and could not pick up passengers, the driver’s personal injury protection (PIP) insurance policy covers any accidents. They were, in essence, acting as a regular driver at the time of the accident.
Coverage for accidents involving ridesharing vehicles can be complex. Many people find it confusing. If you were injured as an Uber driver, Uber passenger, or a third party, please call us today.
What You Can Do to Protect Yourself Following an Uber Accident in Fort Lauderdale
Depending on the severity of your injuries, you should try to do these things after a car accident with an Uber driver in Fort Lauderdale:
- Call 911 so that the Fort Lauderdale Police can generate a police report
- Take photographs of the accident scene, the cars, and your injuries
- Collect contact and insurance information from the driver
- Report the accident on the app
- Request names and contact information from any witnesses
- Seek medical attention at Broward Health or a similar facility immediately
- Notify your insurance company, but limit what you say to the basic information
Then, call the Law Offices of Anidjar & Levine for legal guidance.
Do Not Wait to Speak With an Uber Accident Attorney in Fort Lauderdale
Help is a phone call away at the Law Offices of Anidjar & Levine. Call us now to begin your free case review and learn how a Fort Lauderdale Uber accident lawyer can help you.
We Can Help.
