If you or a loved one was injured in a rideshare accident, it is understandable to be confused or overwhelmed by your legal options. Yet, a Fort Lauderdale rideshare accident lawyer from our office can help.
The Law Offices of Anidjar & Levine goes the extra mile to ensure our clients receive attentive, professional, and empathetic representation. As we gather evidence and negotiate with insurance companies, we also make a point of keeping in close contact with our clients and never charging attorney’s fees until the end.
Helping Personal Injury Clients Is Our Priority
Our team knows how challenging it can be to concentrate on a civil case when you are still grappling with the aftermath of a shocking, painful accident. You may be wondering what to do next, asking yourself questions like, “How am I going to pay for my injuries and missed work? And whom can I hold responsible?” Rideshare accidents present more obstacles than other car accident cases for many reasons. Your lawyer will ask some questions and assess your situation by:
- Identifying the liable party: Is the rideshare driver alone responsible, or is the rideshare company itself to blame? Whose insurance company should offer compensation? What role does your own insurer play?
- Dealing with insurance companies: Will the driver’s personal car insurance pay for your damages?
- Collecting evidence: What forms of medical documentation would support your case? Do you have anything that could support your right to damages?
- Filing paperwork: What forms do you have to fill out to make your lawsuit official, and to whom must you send them?
- Going to court: If you cannot convince the insurance company to pay a fair settlement, could a lawsuit yield compensation? How does Uber or Lyft respond to civil lawsuits?
Our Fort Lauderdale car accident attorneys can do all these tasks and more on your behalf.
After Assessing Your Fort Lauderdale Uber and Lyft Rideshare Case, We Will Manage Everything
We will do everything in our power to make the claims process as stress-free as possible. To that end, our team will:
- Evaluate your rideshare case for free: Everyone who calls our office can find out within minutes if they have a viable case—all at no cost or obligation.
- Update you frequently: We alert clients every time something changes about their cases, thus giving them plenty of time to process that change and determine their next steps.
- Give you your lawyer’s contact information: You can call or text us at any time with questions. We are always happy to provide additional assistance.
- Charge nothing up front: We only bill for attorney’s fees after we have recovered compensation for the client—and we do not bill at all if we cannot recover any compensation.
- Treat you with dignity: To us, our clients are more than clients. They are human beings who are going through a very tough time and deserve respect and kindness.
We Offer Personalized, Attentive Service
Our team understands what a difficult time this is for you and your family. We want to give you the maximum amount of time to recover from your injuries without worrying about legal matters. In addition to handling all of the big legal tasks on your behalf, we can:
- Help you get your car fixed, make doctor’s appointments, and more
- Explain all our legal options in as much detail as you require to make the right decisions for you and your family
- Use language you can understand rather than obtuse legal jargon
If there is anything we can do to make your legal journey easier, we want to know about it. As Jessica D., one of our former clients, so kindly put it, “From day 1 they have been there right by our sides throughout this whole process.”
How Much does a Personal Injury Lawyer Cost?
It is reasonable to worry about legal expenses when you are already dealing with medical bills and lost working hours. The ultimate cost of your case depends on many factors, such as how long it takes to resolve and how much work we need to put into it.
To keep your costs as low as possible, the Law Offices of Anidjar & Levine’s Fort Lauderdale personal injury lawyers can:
- Provide you with a free case review
- Review our contract with you before you sign, ensuring you completely understand the agreement
- Charge no upfront attorney’s fees
- Take an agreed-upon percentage of your financial compensation as payment (saving you from paying out of pocket)
- Negotiate with your creditors to convince them to hold off on seeking repayment until after you are compensated
- Charge no attorney’s fees at all if we cannot win your case
Common Causes of Rideshare Accidents in Fort Lauderdale
Rideshare drivers face unique pressures and distractions that can contribute to accidents. Handling the rideshare app, navigating unfamiliar routes, and communicating with passengers can divert the driver’s attention, leading to distracted driving. Fatigue is another significant factor; drivers may work long hours without adequate rest to maximize earnings, impairing their reaction times and decision-making abilities. Speeding becomes a temptation as drivers attempt to complete more rides in less time, increasing the risk of accidents. Additionally, rideshare platforms may attract drivers with limited professional driving experience, which can affect their ability to respond effectively in challenging traffic situations. Failure to follow traffic laws, such as ignoring signals or making improper lane changes, further elevates the accident risk. Understanding these factors is essential for establishing negligence in a legal claim.
Determining Liability in Rideshare Accidents
Liability in rideshare accidents can be complex due to the multiple parties involved. The rideshare driver may be held responsible if their negligence caused the accident. However, the rideshare company itself, like Uber or Lyft, might share liability, especially if they failed to enforce safety protocols or if the driver was actively engaged in a ride at the time of the accident. Other motorists involved in the collision could also bear responsibility if their actions contributed to the incident. In some cases, vehicle manufacturers or maintenance providers might be liable if a mechanical failure or defective part played a role. Proving liability requires a thorough investigation, including examining driver logs, app data, vehicle maintenance records, and witness testimonies to build a strong case.
Steps to Take After a Rideshare Accident
Taking prompt and appropriate actions can significantly impact your ability to recover compensation if you’re involved in a rideshare accident. First, ensure your safety and seek medical attention immediately, even if you believe your injuries are minor. Some injuries may not manifest symptoms right away but could have serious implications later on. Calling the police to the scene is essential, as an official accident report will be crucial for any legal claims. Collect as much information as possible, including names and contact details of all drivers involved, insurance information, and contact information for any witnesses. Documenting the scene through photographs of vehicle damage, road conditions, traffic signs, and any visible injuries can provide valuable evidence.
It’s important to report the accident to the rideshare company using the app or by contacting their customer support to officially document the incident. Avoid admitting fault or discussing the details of the accident with other parties or insurance adjusters without legal advice. Consulting a rideshare accident lawyer as soon as possible can help protect your rights and navigate the complexities of rideshare accident claims.
Our Fort Lauderdale Lawyers Will Seek Compensation for Your Losses
If our team determines that you are eligible for damages, we can pursue compensation for:
- Medical bills, like hospital stays, medications, therapy, physical therapy, and so on
- Repair costs, like taking your car to a mechanic or renting a car while yours is in the shop
- Loss of income, like the wages and benefits you normally get from your job but lost during your recovery period
- Pain and suffering, which reflects the physical and psychological anguish caused by your injuries or the accident itself
- Diminished quality of life, like the fact that you can no longer engage in certain activities or perform basic tasks without help
- Disability, like the loss of physical or intellectual capabilities due to temporary or permanent injuries
- Loss of consortium, like the diminishment or rupturing of relations with your spouse or another close family member
After a rideshare accident, you deserve representation from the Law Offices of Anidjar & Levine. Our Fort Lauderdale team will lift the legal weight from your shoulders by managing your entire case from start to finish.
Evidence in Your Uber or Lyft Rideshare Case Must Prove Your Claims
We also advise Uber or Lyft accident victims to start quickly to preserve evidence. As part of our investigation, we often request:
- Medical records
- The official police report
- Interviews and other materials from witnesses
- Statements from experts
- Video footage from public or private sources
Each of these sources of evidence is time-sensitive: video may be recorded over and lost, and experts may have busy schedules that we need to work around.
Starting your case right away increases the chance that critical evidence will be preserved for your legal use.
How Long do You Have to File Your Potential Uber and Lyft Accident Lawsuit?
According to Florida Statutes § 95.11(3)(a), you are only entitled to compensation if you file your lawsuit within four years of the accident date. Unless an exception applies to your case under Florida Statutes § 95.051, the Florida legal system will not consider your case. This is one reason why contacting an attorney from our firm as soon as possible is a good way to protect your rights.
Some Cases Can Be Tolled
In most cases, once the statute of limitations has passed, it is impossible to recover any damages. However, per Florida Statutes § 95.051, some exceptions could give you more time to act, like if:
- 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 much time you have to act under the statute of limitations. The American Bar Association (ABA) warns that if you do not file your case on time, you risk losing the chance to recover compensation.
What If the Rideshare Accident Was Fatal? You Can Pursue Damages
Florida Highway Safety and Motor Vehicles (FLHSMV) keeps track of how many accidents occur in the state every year. In 2021, out of 41,374 Broward County traffic accidents, 244 resulted in fatalities.
If you want to file a lawsuit on behalf of a deceased loved one, the Law Offices of Anidjar & Levine can help. We assist clients with wrongful death cases by:
- Explaining the differences between personal injury and wrongful death cases, including the differing statutes of limitations
- Managing all communications with claims adjusters, defense lawyers, and other involved parties
- Calculating how much you can recover in compensation for things like loss of financial support, funeral expenses, and loss of companionship
- Determining who is responsible for your loved one’s passing
- Negotiating with the liable insurance company for a fair settlement
- Filing a lawsuit against the negligent party
- Protecting you from unresponsive or aggressive claims adjusters
On behalf of our entire team, we are deeply sorry for your loss. We want to ensure that your family receives both the justice and compensation you deserve from all liable parties.
The Uber or Lyft Rideshare Driver’s Status Affects Liability
Florida Statutes § 624.748 states that rideshare companies like Uber are not so-called “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 personal 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 was transporting a passenger.
What If the Rideshare Driver Was Not Actively Using the App?
If the driver was not using the Uber app and was unavailable to pick up passengers, the driver’s personal 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.
We Can Determine Fault, Negligence, and Liability
If a rideshare driver’s negligence caused your damages, Uber could be liable for negligent hiring, training, monitoring, or retention. These theories depend 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 rideshare driver, 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, a claimant’s attorney should 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 important 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.
Other Parties Could Be Liable for Your Accident
Any negligent party could be liable to pay for your damages, such as a manufacturer that produced a defective vehicle. We can look at the facts, perform research, and determine liability.
The Law Offices of Anidjar & Levine is familiar with Florida Statutes § 627.748, which outlines the regulations for rideshare apps like Uber and Lyft. This statute describes the requirements of rideshare companies, as well as what might be considered negligence.
For example, possible claims against Uber or Lyft may include:
- Negligent hiring or retention
- Negligent supervision or training
- Misrepresentation
- Consumer-related claims
The Broward County Code of Ordinances might also prove relevant to your case. For instance, if your vehicle was hit by a Lyft driver that was not picking up a passenger at the airport where they were supposed to, the driver could suffer civil penalties.
Compensation Available in Rideshare Accident Claims
Victims of rideshare accidents may be entitled to various forms of compensation. Medical expenses, including past and future medical treatment, rehabilitation, and related costs, are typically a significant component of a claim. Lost wages due to the inability to work, as well as diminished earning capacity if the injuries affect long-term employment prospects, can also be recovered. Non-economic damages, such as pain and suffering, emotional distress, and diminished quality of life, acknowledge the broader impact of the accident on your well-being. In cases of severe negligence or intentional misconduct, punitive damages may be awarded to punish the wrongdoer and deter similar behavior. Calculating these damages accurately is essential for receiving fair compensation, and an attorney can assess your case comprehensively to include all applicable losses.
Our Team Can Help You Pursue Compensation Today
If an Uber, Lyft, or other rideshare vehicle was involved in your Fort Lauderdale accident, you can depend on the Law Offices of Anidjar & Levine for help. One of our rideshare accident lawyers will fight hard for the compensation you need. Call today for a free case review. We’re ready to start advocating for you today.
We Can Help.
