Fort Lauderdale car accidents leave their victims grappling with uncertain (if not frightening) futures. 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) ridesharing app, work with a Fort Lauderdale Uber accident lawyer to seek compensation for your injuries.
At the Law Offices of Anidjar & Levine, we 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.
What does an Uber Accident Lawyer Do for 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, the Law Offices of Anidjar & Levine can provide practical help from the beginning. In fact, you can call us right after the accident to put us on the case.
Moreover, you may underestimate the impact of your accident. Even if you were rear-ended at a low speed, with no damage to the vehicle, you could still sustain whiplash, according to Florida Atlantic University (FAU). Whiplash can leave sufferers with pain for months or even years after the injury, per Mayo Clinic. That doesn’t sound minor to us.
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
- Aid in scheduling appointments
- Help in getting vehicle repairs
- Your attorney’s direct phone number
- Regular updates on your case
- Prompt return of calls and emails
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 Will You Afford A Lawyer from Our 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 upfront 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 we do 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 four years from the date of your accident to file a lawsuit, per Florida Statutes § 95.11. Those four years don’t need to be spent sitting around and waiting. In fact, our Uber collision attorneys can get to work on your case long before that deadline.
Our motor vehicle accident attorneys can spend that time:
- Helping you file an insurance claim
- Talking to adjusters and rideshare company representatives
- Compiling and preserving evidence and testimony
- Allowing you to reach maximum medical improvement
- Analyzing the full spectrum of your losses and expenses
- Consulting experts like doctors and economists
- Reviewing and explaining settlement offers
- Negotiating with all parties involved
- Building a case for a lawsuit, if necessary
These are all steps we can take and support we can provide before that four-year mark arrives. You don’t need to (and shouldn’t) wait until the deadline is looming to get help.
Some Cases Can Be Tolled
For 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.
Examples of Recoverable Damages in a Fort Lauderdale Uber Accident Case
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 to surviving family members and the deceased victim’s estate in Fort Lauderdale wrongful death lawsuits. You could receive financial recovery for:
- Remaining 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 insurance 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 attorneys can go over your family’s options during your free consultation.
We Can Determine Fault, Negligence, and Liability
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, 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 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 § 624.748 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 transported 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 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.
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.
