Uber is a great way to get to or from Fort Lauderdale-Hollywood International Airport, to go out for the evening without worrying about drinking and driving, or for just about any trip you want to make without driving yourself or taking public transportation. Uber is convenient, fast, and comfortable. You know the cost of the trip in advance, and payment is cashless. You also choose the type of service you want, whether looking for something cheap or a luxury ride, going green in an electric vehicle, or seeking extra legroom. Whether you need a vehicle that can accommodate large groups, a wheelchair, or a child car seat, Uber has the ride you are looking for.
Why Choose Rosen Law Firm For Your Uber Car Accident Case?
Our Fort Lauderdale injury lawyers at Rosen Injury Law, P.A. represent car accident injury victims, whether they were hit by an Uber driver or were themselves injured while driving for Uber. Each situation presents its own unique challenges and complications, which is why retaining a personal injury specialist is the right move toward being successful on your claim.
Passengers who are injured while riding in an Uber might have a claim against the Uber driver, the other driver, or both. Each driver’s insurance company might dispute their share of any liability, leaving the injured passenger struggling to sort it out. Rosen Injury Law, P.A. can help you navigate this complicated situation by determining the right way to pursue a compensation claim. One thing is certain in this case: the accident wasn’t your fault. Call the Fort Lauderdale car accident attorneys at Rosen Injury Law, P.A. for passionate, diligent representation of your claim or claims.
What Makes Uber Dangerous In Fort Lauderdale?
Despite all its advantages, taking an Uber is not without its risks. Uber drivers are not professional drivers. They are regular people and just as prone to car accidents as any member of the general public. True, one might expect Uber drivers to be more careful and attentive since they are driving for pay and responsible for the safety of their passengers, but some aspects of the job increase the risk of car accidents in an Uber. For instance:
- Some Uber drivers spend long hours on the road, deadheading, driving around while waiting for fares. Extra time on the road increases the odds of getting into a wreck and also increases the likelihood of drowsy driving and fatigue.
- Many Uber drivers use Uber as a side gig in addition to their full-time job. Driving a shift for Uber after a grueling day job increases the odds of fatigue, distraction, and drowsy driving.
- Uber drivers are busiest at night and on weekends,s when most traffic accidents happen, including those involving drunk drivers.
- Uber drivers are more likely to be distracted by their GPS as they ferry passengers to unfamiliar destinations.
- Some Uber drivers also log into the Lyft app while driving to maximize the rides they get, increasing the chances for dangerous distractions while driving.
Uber reports at least 97 fatalities in 2017 and 2018, but university studies show traffic deaths have been on the rise since 2011, around the time Uber started to take off. Whether this increase in accidents is due to more cell phones and distracted driving or the rise of Uber, or a combination is uncertain. The rise in Uber has also caused people to use less public transportation, putting more cars on roads, creating more traffic and more chances for a crash. Contact our experienced Fort Lauderdale injury lawyers today for more information or assistance.
Florida’s TNC Law for Uber Drivers
Florida state law has addressed the issue of Transportation Network Companies (TNCs) like Uber and Lyft. Florida law protects the public by keeping people from driving for Uber who have a record of drunk driving or reckless driving, as well as certain violent crimes or sex offenders. While these laws might help keep passengers safe from crimes or assaults, they don’t do much to keep passengers safe from bad drivers. Uber drivers cannot have a suspended or revoked driver’s license in the last three years, but they can have up to three moving violations on their record and still drive for Uber under the law.
Importantly, state law does not put any type of vehicle maintenance requirements on Uber drivers. How well they care for their cars, including tires, brakes, windshield wipers, and signal lights, is entirely left up to the individual driver. Florida also has no laws on the maximum number of hours people can drive for Uber in a given period, despite the risks of drowsy and distracted driving by fatigued drivers.
Florida law puts in place liability insurance requirements that must be met by the driver, the TNC, or a combination of the two. These requirements are as follows:
- When the driver is logged into the app but has not accepted a ride notification, coverage is equal to $50,000 for bodily injury to one person, $100,000 for bodily injury to more than one person, and $25,000 for property damage
- Once the driver has accepted a ride notification, $1 million in liability coverage is provided until the ride is completed
Uber drivers who are not logged into the app should have no-fault (PIP) coverage and Uninsured Motorist (UM) coverage, but bodily injury liability (BIL) is not required by law.
In addition to the liability insurance it provides, Uber also covers its drivers with contingent comprehensive and collision coverage with a $1,000 deductible, along with UM/UIM coverage while they are logged in.
Common Injuries Sustained in Fort Lauderdale Uber Accidents
Uber accident injuries can range from minor to severe. Some possible injuries in Fort Lauderdale Uber accidents include:
- Spinal cord injuries, including paralysis.
- Brain injuries.
- Broken and crushed bones.
- Internal bleeding and organ damage.
- Loss of limbs.
- Burns.
- Scarring and disfigurement.
- Post-traumatic stress disorder.
- Strains, sprains, and contusions.
Even if you don’t think your injuries are severe, you should be medically evaluated after an Uber accident. Some serious injuries are not immediately apparent but can result in disability and chronic pain.
Proving Fault in a Fort Lauderdale Uber Accident Case
Since most Ube accidents are based on negligence, you will need to prove the elements of negligence. They are:
- The defendant owed you a duty of care.
- The defendant breached their duty of care by their action or inaction.
- The defendant’s breach of duty caused your injuries.
- You suffered actual damages caused by the defendant’s breach of duty.
The insurance companies and defense attorneys will do everything they can to deny or devalue your claim and even to shift blame to you. Their job is to pay you as little as possible for your claim. However, our Fort Lauderdale Uber accident lawyers have the experience and skills to prove each negligence element and help you recover maximum compensation for your damages.
How Much is My Fort Lauderdale Uber Accident Claim Worth?
Your Uber accident claim is valued based on numerous factors, including the severity of your injuries and the available insurance coverage to pay for your damages.
In a successful Fort Lauderdale Uber accident claim, you should be able to recover economic and non-economic damages. Economic damages are financial losses or expenses such as current and future medical expenses, lost wages, property damages, and other costs incurred by your accident and injuries.
Non-economic damages are more challenging to prove and quantify, but can be even more devastating to the injury victim than economic damages. They include pain and suffering, emotional and mental distress, loss of enjoyment of life, permanent disability, and other intangible losses.
Economic and non-economic damages are considered compensatory because they are designed to compensate an injury victim for their losses. On the other hand, punitive damages are intended to punish the wrongdoer and deter similar future conduct.
Punitive damages are rarely awarded. Florida law only permits an award of punitive damages when a defendant is guilty of gross negligence or intentional misconduct.
How Long Do I Have to File a Fort Lauderdale Uber Accident Claim?
A statute of limitations sets the deadline for filing a claim to recover compensation for your damages in a personal injury case. Most Uber accident claims are based on negligence. Florida’s statute of limitations for negligence claims is two years. That means you must file your claim to recover compensation within two years of your Uber accident.
There are some exceptions to the two-year rule. You must consult an experienced Fort Lauderdale Uber accident attorney to know the filing deadline for your claim. You should act fast so you do not miss your filing deadline. You also want to act fast to help preserve essential evidence to support your claim.
Evidence can be destroyed, lost, or diminished over time. Our attorneys work quickly to help identify and collect the evidence to build your strongest case while it can still be recovered.
The sooner you contact Rosen Injury Law, the sooner we can begin protecting your rights and helping you recover the compensation you deserve.
Contact A Fort Lauderdale Uber Accident Attorney Today!
For help recovering compensation after an Uber car accident in Fort Lauderdale, call Rosen Injury Law, P.A. at 954-787-1500 for a free consultation with a Florida Board-Certified expert in car accidents and personal injury law.