The ridesharing industry has completely changed the public transportation landscape. Companies like Uber and Lyft, which are now used by 30% of Americans, provide private transport service via mobile apps. This is very similar to traditional taxi service; however, there’s one major distinction – in Florida, ridesharing drivers are independent contractors instead of dedicated employees. While this may seem like an insignificant detail, it causes complications when an accident results in passenger injury. Ehrlich & Naparstek ridesharing attorneys in West Palm Beach & the Treasure Coast have experience taking on the ridesharing industry on behalf of those they injure.
If you been injured in a Florida Uber or Lyft accident, you need an experienced ridesharing personal injury attorney to get the compensation you deserve. Ehrlich & Naparstek, personal injury lawyers have over 27 years of experience helping victims of auto accidents obtain the compensation they deserve. We also understand what sets ridesharing services apart when it comes to insurance and liability. Call us at (561) 687-1717 or (772) 842-8822 for help today.
Understanding Liability After a Ridesharing Accident
Under Florida law, public transportation services such as buses are considered common carriers. These entities are responsible for providing a certain level of care to passengers. In fact, if a common carrier fails to live up to safety standards as a result of negligence, they may be charged with a misdemeanor and fined $1,000. However, Uber and Lyft are considered transportation network companies. This changes the way they’re viewed under the law. It also makes the issue of liability quite complicated, especially when determining whose insurance is responsible for paying out damages. Furthermore, there may be issues pertaining to the Uber or Lyft app that caused or contributed to the crash such as a distracted driver.
If you get injured in a ridesharing accident, it may seem plausible that the Uber or Lyft driver’s own auto insurance will pay for damages such as medical bills. Unfortunately, most private auto insurance policies have a “business use exception” that denies coverage if the driver is using their car for profit. That’s why Uber and Lyft carry $1 million in liability coverage meant to cover passenger injuries if their driver is at fault. It may also provide coverage if another driver causes the accident and either has too little or no insurance. However, this coverage only applies if the rideshare driver is logged into the app and actively transporting you at the time of the accident.
What to Do After an Uber or Lyft Accident
If you’re involved in an accident while taking an Uber or Lyft, you may feel like these companies will automatically step in to protect you. Unfortunately, that’s not always the case. It’s crucial you take several steps to protect yourself. A good rule of thumb is to treat the accident as if you were the one driving. Make sure you take the following steps:
Seek Medical Attention If you sustained injuries, you need to be treated by a doctor right away. Even if your injuries don’t feel significant, get checked out anyway.
Photograph the Scene If you’re able, use your phone to take pictures of the accident scene. These photos can be useful if a rideshare company or insurance provider denies responsibility.
Videotape the Scene
If you’re able, use your phone to take video of the accident scene, the Uber or Lyft app, and witnesses and parties. These videos can be useful if a rideshare company or insurance provider denies responsibility.
Gather Information Get the names and contact information of the rideshare driver and any other drivers involved in the accident.
Don’t Sign or Agree to Anything If the ridesharing company or an insurance provider asks you to sign anything regarding the accident, decline. You’re under no obligation to sign anything or make any statements.
Get a Copy of the Police Report An official police report will come in handy if there are disputes regarding the accident. An attorney will need it when helping you seek compensation.
If you’ve been injured and are confused about your rights, Ehrlich & Naparstek Injury Trial Lawyers can help. Our attorneys understand the complexity of ridesharing accidents and will help navigate you through the legal process while ensuring we seek full compensation for your injuries and damages.
Why You Need an Experienced Personal Injury Attorney in West Palm Beach & the Treasure Coast
Uber and Lyft have taken measures to protect themselves, primarily because their drivers are independent contractors instead of employees. This legal loophole can make it difficult to seek compensation, even with $1 million of liability insurance in place. In addition, if another driver is at fault, there’s a good chance their insurance provider will do everything they can to deny your claim or pay as little as possible. That’s why it’s important to hire an experienced Florida personal injury lawyer to protect your rights. Attempting to handle the case yourself may end in further financial loss. Ehrlich & Naparstek have handled cases against Uber & Lyft and have the knowledge and resources to take on any insurance company or corporation.
Contact a West Palm Beach Rideshare Injury Lawyer
If you’ve been injured while taking an Uber or Lyft, you have the right to seek compensation for medical bills, lost wages, and pain and suffering. Let Ehrlich & Naparstek help you seek full compensation and get you back on your feet as soon as possible. Contact us at (561) 687-1717 or (772) 842-8822 to schedule a free initial consultation today.
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Answers from Ehrlich & Naparstek Personal Injury Lawyers
Get answers to the most frequently asked questions about personal injury cases from Ehrlich & Naparstek Personal Injury Lawyers. Learn about your legal rights, the claims process, and how to handle insurance companies effectively.
What is the statute of limitations for personal injury claims in Florida?
In Florida, the statute of limitations for most personal injury claims is four years from the date of the injury. This means that if you've been injured, you have four years to initiate legal proceedings. If you fail to file your lawsuit within this time frame, you may lose your right to seek compensation.
How is fault determined in Florida auto accidents?
Florida operates under a no-fault insurance system. This means that after most traffic accidents, your own insurance policy will compensate you for medical expenses and lost income, irrespective of who was at fault. However, in severe injury cases, you might be able to step outside this no-fault system and file a lawsuit against the at-fault driver.
What is Florida's comparative negligence rule?
Florida follows a pure comparative negligence rule. If you're found to be partially at fault for your injury, your compensation may be reduced by a percentage equal to your share of the blame. For instance, if you're found to be 20% at fault, you can still recover 80% of your total damages.
What damages can I recover in a personal injury lawsuit in Florida?
In Florida, you can seek compensation for both economic and non-economic damages. Economic damages include tangible costs like medical bills and lost wages, while non-economic damages cover intangibles like pain and suffering, emotional distress, and loss of enjoyment of life.
How long does it typically take to settle a personal injury case in Florida?
The duration varies based on the complexity of the case, the parties involved, and the evidence. While some cases might settle quickly, others, especially those that go to trial, can take months or even years to resolve.
How much will it cost me to hire a personal injury attorney?
We operate on a contingency fee basis. This means that we only get paid if you win your case or secure a settlement. Typically, the fee is a percentage of the compensation you receive.
What should I do immediately after an accident in Florida?
First, prioritize your safety and seek medical attention. Then, if possible, document the scene, take photographs, gather witness information, and report the incident to the police or relevant authorities. It's also advisable to contact a personal injury attorney as soon as possible.
What if the person who hit me doesn't have insurance?
If you're hit by an uninsured or underinsured driver in Florida, you can turn to your own insurance policy's uninsured/underinsured motorist coverage. This coverage can help compensate for your injuries and damages.
How do I prove pain and suffering in a personal injury case?
Pain and suffering are subjective and can be challenging to quantify. Evidence such as medical records, therapy sessions, personal journals, and testimonies from friends and family can help establish the extent of your pain and suffering.
DEDICATED REPRESENTATION IN FLORIDA'S MAJOR METROPOLITAN AREAS
At Ehrlich & Naparstek, we offer comprehensive legal solutions across a broad spectrum of personal injury areas, ensuring our clients receive the dedicated and expert representation they deserve. Our seasoned attorneys are committed to championing the rights of injury victims and securing the compensation they are entitled to. Below is an overview of the key cities and each case type we service in Florida.
FLORIDA CASES TYPES & CITIES WE SERVICE
Dedicated Representation in Florida's Major Metropolitan Areas
Guidance from Ehrlich & Naparstek Personal Injury Lawyers
Discover valuable tips and insights from Ehrlich & Naparstek Personal Injury Lawyers to navigate the complexities of personal injury cases. Whether you’ve been in an accident or need advice on dealing with insurance companies, our expert guidance will help you protect your rights and make informed decisions. Contact us 24/7 at (772) 842-8822 (Stuart) or (561) 687-1717 (West Palm Beach) to schedule an appointment.
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