Many people in Miami and all across Florida prefer to use Uber and other ride sharing services instead of taxis, trains and buses for daily transportation needs. People find these services easier to use and cheaper compared to other modes of transportation.
If a driver of an Uber hit you while you were driving, biking or walking or if you were a passenger in an Uber which was involved in an accident, you should treat it like any other accident and immediately seek help from an experienced Miami Uber accident lawyer.
If you have been the victim of an accident involving a Uber, our team of Uber accident lawyers recommends that you do the following:-
- Seek emergency medical assistance if anyone is injured.
- Call the Police.
- When the Police arrive, make sure you let them know whether you were a passenger in an Uber or were hit by an Uber while driving, biking or walking. Mention injuries sustained.
- Take photographs at the scene of the accident.
- Get contact information of the drivers involved in the accident and also of witnesses.
- Take a picture of the at fault vehicles License Plate
- Contact a Miami Uber accident attorney as soon as possible.
UBER’S INSURANCE POLICIES.
Uber considers “ three periods” while determining eligibility for coverages. Whether the accident is covered depends on when the accident took place, as detailed below:
- FIRST PERIOD.
This period starts when the app is turned on and the driver is awaiting ride requests. In this period, drivers receive limited liability coverage ($50,000/ per person/ $100,000 total/ $25,000 property damage). For all other types of coverage, drivers are required to have own personal insurance.
- SECOND PERIOD. Period two begins when the driver goes to pick up a passenger. Uber provides handsome coverages in this period with up to $ one (1) million of liability coverage and full coverage for vehicle damages. Uber demands proof that a driver was on course to pick up a passenger when the accident occurred. If the driver fails to provide sufficient proof, Uber can claim driver was in period one.
- PERIOD THREE. This period is active during the time a passenger is in the vehicle. This is probably the easiest period for a Miami Uber accident lawyer to prove. Presence of a passenger makes insurance claims of both the passenger and the driver almost undeniable. In such cases, attorneys will be able to negotiate fair settlement terms without much resistance. Coverages are similar to those in period two.
COMMON CAUSES OF UBER ACCIDENTS.
Government agencies and ride sharing services like Uber work together to ensure road, vehicle, driver and passenger safety, yet accidents involving Uber and other ride hailing services continue to rise. Some major factors that contribute to these accidents are:-
1. Driver errors.
The most common errors of Uber drivers that lead to accidents are as follows:
- Speeding.
- Looking at Uber/Lyft App while driving.
- Looking at Navigation Software while driving
- Distraction/ Inattention.
- Failure to yield right of way.
- Impairments (alcohol, illness, fatigue).
- Reckless driving.
- Failure to keep in proper lane
2. Uber and other ride sharing service companies contracting unfit drivers.
3. Failure of Uber and other ride sharing services to train and supervise their contracted drivers.
4. Failure of Uber and other ride sharing services to inspect and maintain vehicles regularly.
5. Allowing or encouraging Uber and other ride sharing services drivers to work excessive driving hours.
6. Defective parts such as tires, wheels, brakes or axles.
TYPES OF INJURIES SUSTAINED IN UBER ACCIDENTS.
Most common Uber accident injuries are :-
- Broken bones and Fractures.
- Facial damage.
- Spinal injuries/ paralysis.
- Concussions.
- Internal bleeding.
- Scarring and Lacerations.
- Traumatic brain injuries.
- Serious burns.
- Permanent disability.
- death.
- Herniated disc
STATUTE OF LIMITATION FOR FILING AN UBER ACCIDENT CASE IN FLORIDA
There are specific time limits, restrictions and rules for filing an accident claim. An experienced Uber accident lawyer ensures that you fully understand the Federal, State and Local laws that might apply to your case. Florida statute of Limitations for Uber accidents is four years after the accident occurred. In general terms, residents of Florida have four years from the date of the accident to initiate a civil lawsuit.
It is in the best interests of the plaintiff to enlist the services of an experienced Uber accident lawyer. In Florida, a victim is required to file a police report within ten days of the accident. It is also necessary to notify Uber or Lyft about the accident as soon as possible.
COMPENSATION FOR VICTIM OF A UBER OR LYFT ACCIDENT IN MIAMI.
Miami Uber and Lyft accident lawyers eek additional compensation for injuries sustained.
Given below are the types of damages that a victim of a Uber accident may be able to recover:-
ECONOMIC DAMAGES.
- Past and future medical costs.
In most of the Uber accident cases, the medical bills are the largest single expense incurred by the victim. Most of the compensation received by victims goes towards payment of medical costs.
- Future medical costs. After initial treatment and rehabilitation, victims of Uber and Lyft accidents often require further medical care in the future. It is necessary for victims to receive adequate compensation to take care of future medical costs.
- Lost wages and business income. A victim, whether employed, self employed or a business owner, is entitled to recover compensation for the time spent away from work or business.
- Loss of future earning capacity. Some injuries harm the victims in such a manner that they are no longer able to do the job that they were doing before the accident. In many instances, a victim may have to change from a full time job to a part time job or move from a highly paid job to a lower remuneration job. In such cases, additional compensation is awarded.
- Permanent injury and disability. Some injuries have life long implications on the health of a victim of an Uber accident.
In many cases, victim never recovers fully from his or her injuries.
NON ECONOMIC DAMAGES.
- Pain and suffering.
Injuries cause pain which can be extreme and debilitating. Such pain Is accompanied by emotional suffering and stress. Florida law allows victims to collect compensation for such sufferings.
- Emotional distress. Additional mental and emotional illnesses can arise from injuries sustained in a Uber accident. Emotional distress, if proven by experts can support a victim’s claim for compensation.
- Loss of consortium. Injuries sustained in Uber accidents can limit and restrict a victim’s basic life functions resulting in loss of love, affection and companionship. Under loss of consortium, a victim can claim damages for physical isolation suffered due to injuries sustained.
- Loss of enjoyment of life. A victim of an Uber accident is entitled to receive compensation if he or she is unable to perform physical, social and recreational activities which he or she enjoyed performing before sustaining injuries in the accident.
WHY HIRE KAIRE & HEFFERNAN?
Our qualified and experienced Uber accident attorneys possess in depth knowledge and experience to assist a victim and his family to navigate through complex accident laws. Our team relentlessly fights to secure maximum compensation through verdicts and settlements for victims of Uber accidents in Miami and all across Florida.
Accident cases involve complex and intricate legal concepts. If you hire our Miami Uber accident lawyers, you can expect the following:-
1. THOROUGH INVESTIGATION OF THE ACCIDENT.
Our Uber accident lawyers compile and analyze evidence such as:
- Accident scene evidence.
- Circumstances of the accident.
- Eyewitness statements.
- Damage to all vehicles involved.
- Cell phone records.
- Uber driver’s toxicology test results.
- Police accident reports.
- Uber driver’s criminal and traffic background.
- Uber’s history of violating safety rules.
- Whether Uber conducted a thorough background check before contracting the driver.
- Whether the driver’s car was in compliance with Uber’s standards and/or Florida regulations.
- Whether Uber received any complaints in the past about the driver and if so, what actions did the company take.
2. CONSULT EXPERTS FROM VARIOUS FIELDS. Thanks to our vast experience in auto accident cases, we have built a network of experts which includes:
- Accident reconstruction experts.
- Rules compliance/ safety experts.
- Driver training (driving school) experts.
- Mechanics and Engineers.
- Experts from various areas of medicine.
- Life care planners.
- Toxicology experts.
- Contract experts.
3. DETERMINE ADEQUATE COMPENSATION. Our Miami Uber accident lawyers collect, review and document medical records of a victim which are essential in determining adequate compensation that he or she is entitled to.
4. SEEK A TIMELY SETTLEMENT. Our team of Miami Uber accident lawyers know how to effectively deal with Attorneys and Insurers of the Defendant who try to deny the plaintiff’s claim or reduce the claim value significantly. Our Florida Uber accident lawyers present a strong and solid case to insurance companies and demand full and adequate compensation for our clients.
5. TAKE YOUR CASE TO COURT.
If the need arises, our team of Uber accident lawyers in Miami are prepared to take the case to court for trial.
CONTACT A MIAMI UBER ACCIDENT LAWYER.
If you or your loved one has been injured due to the carelessness or negligence of an Uber driver, you deserve to be duly compensated for the injuries suffered and other damages. Call an experienced Uber accident lawyer at our firm for a free case evaluation right away.
Mark Kaire has been practicing law in Miami for nearly 30 years. He is dedicated to helping the injured people of Miami receive compensation. Mr. Kaire has been blogging on Miami’s legal issues for many years.