Car accidents leave their victims grappling with an uncertain (if not frightening) future. How are you going to keep up with bills? When will you be able to get back to work? Will you ever be able to return to the life you once knew?
Uber accidents lead to another unanswered question: Who is responsible?
If you suffered an accident after using the Uber (or another) ride-sharing app, work with an Uber accident lawyer to seek compensation for your injuries.
At the Law Firm of Anidjar & Levine, we help victims who suffered injuries during what should have been a safe, uneventful Uber ride. We also help pedestrians, bicyclists and other motorists struck by an Uber vehicle.
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.
Call us at 1-800-747-3733 to schedule your free claim review and find out how we can help you.
Direct Liability of Uber for Accidents
If driver negligence has caused injury, Uber could be liable for negligent hiring, negligent training, negligent monitoring, or negligent retention. These theories turn on whether Uber could have foreseen the harm. If Uber knew or should have known of a driver’s dangerous tendencies, it could be liable for the accident.
Following an Uber accident, it is essential to obtain as much available data as possible about the subject driver. 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, a claimant’s attorney should request the following data:
- Full driving record
- Any passenger/customer complaints or other negative feedback (whether lodged through the app itself, in another online forum, or offline)
- Safety inspection reports and vehicle maintenance records
- In-vehicle monitoring reports
The preservation of data is important in these types of cases and a primary reason that it is better to speak to an attorney sooner rather than later.
Uber (and other ride-sharing apps) are also subject to Florida’s Consumer Protection statutes. These laws protect consumers from misrepresentations, deceptive advertising, and unfair trade practices.
Whether Uber Can Be Vicariously Liable for the Accident
Since July 1, 2017, Section 624.748 Florida Statutes (2017) provides that Uber is not a so-called “common carrier” in Florida. This means that Uber does not owe passengers the same heightened duties of care that limousine drivers, taxicabs, city buses, or airlines owe.
Nevertheless, those injured while taking an Uber or third parties (like a pedestrian or other drivers) injured by Uber drivers may be eligible to file a claim with Uber’s insurance policy.
The coverage available under Uber’s insurance policy depends on the driver’s status at the time of the wreck.
- App on, no passenger. Uber’s liability policy covers third parties injured by the Uber driver while he or she is available for passengers, but waiting for a request. The liability coverage in this scenario is $50,000/$100,000 bodily injury liability and $25,000 property damage liability.
- On the way to pick up a passenger. In this scenario, Uber’s policy covers drivers for their liability to third parties and for injuries drivers suffer because of uninsured drivers. The coverage is $1 million in total liability coverage.
- With passenger in vehicle. The same policy as when the Uber driver is on the way to pick up a passenger applies when the rider gets in the vehicle, and the coverage extends to the rider too.
- Offline. If the driver is not using the Uber app and unavailable to pick up passengers, then the driver’s personal insurance policy covers any accidents.
Coverage for accidents involving ride sharing vehicles like Uber 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.
Our lawyers will help you sort out liability and available coverage following an Uber accident. Call 1-800-747-3733.
Pursuing Compensation in Your Uber Accident Case
Recovering full 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.
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/or over-the-counter medication
- Durable medical equipment
- Rehabilitation expenses
- Accessibility accommodations
- Medical equipment and mobility accommodations
- Property loss
- Lost wages (even if victim used vacation time or sick leave)
- Loss of future earning potential (including retirement losses)
The spouse of an injured victim may also recover compensation for loss of consortium. Compensation may also be available to both surviving family members and the deceased victim’s estate in cases involving wrongful death.
Do Not Wait to Speak with an Uber Accident Lawyer in Fort Lauderdale
Help is a phone call away at Anidjar & Levine. Call us now at 1-800-747-3733 to take advantage of your free claim review.