Rideshare Accident
At Cohen and Cohen Law, our Florida rideshare accident lawyers help injured individuals and their families when they have suffered a rideshare accident involving a driver from a ridesharing company such as Uber or Lyft in any county throughout Florida.
Established Injury Law Firm for Rideshare Accidents Serving Injured Victims Throughout Florida
Cohen and Cohen Law understands the importance of rideshare services like Uber and Lyft. We also know how frustrating, shocking, and painful it can be if you sustain an injury while responsibly utilizing these services. Our knowledgeable Florida rideshare accident attorneys are here to help you. We can assess the causes of motor vehicle accidents and pursue compensation for accident victims who were Florida rideshare passengers in an Uber or Lyft accident in any of Florida’s counties.
Sometimes personal vehicles are not available, and sometimes the more convenient or responsible choice is to choose a rideshare service, but passengers still face risks of injuries on the road. Riding with a rideshare service does not eliminate the chance of injury due to driver error or negligence. It’s important to recognize that auto accidents involving Uber and Lyft drivers can be more complex than regular car accidents due to the involvement of multiple parties.
A seasoned ridesharing injury attorney can provide guidance and legal support, evaluating your situation and advising you on the appropriate next steps when it may at first be unclear whether you, the driver, Uber, or Lyft may be responsible for damages. If you have been involved in a rideshare accident in Florida, reach out to us at Cohen and Cohen Law for a free consultation. We will thoroughly evaluate the unique details of your case and create a plan to pursue proper compensation for the injuries and losses you have suffered due to the actions of a Lyft or Uber driver or while using their transportation services in Florida.
Rideshare Accident Damages for Injured Victims of Uber or Lyft Crashes in Florida
If you find yourself in a car accident while ridesharing in Florida, you may be eligible to claim various types of damages. These can be divided into different categories, including economic damages, non-economic damages, and, in certain circumstances, punitive damages. Seek assistance from Cohen and Cohen Law for experienced legal guidance and support.
Economic Damages in Florida Ridesharing Accidents
Losses that are easily quantifiable may be categorized as economic damages. These can include the following:
- Medical Expenses: This category includes immediate medical care, ongoing treatment, rehabilitation, and any future medical costs related to the accident. Keep in mind that injuries with long-term implications may require extended medical treatment, potentially for years or even for the rest of your life. Over time, these expenses from medical bills and related therapy can accumulate significantly. We will make sure to account for all of these costs when seeking fair compensation on your behalf.
- Lost Wages: If your injuries have prevented you from working, you need compensation for the income you have lost. This also accounts for a reduced earning capacity if you are no longer able to earn as much as before the accident.
- Property Damage: If any of your personal belongings, such as your vehicle or phone, were damaged in the accident, we will seek compensation for their repair or replacement.
If you were involved in an auto accident with a ridesharing service, we will work with you to assess the economic damages related to medical care, lost income, property damage, and any other economic losses you may be eligible to seek. Our team is here to support you throughout Florida.
Non-Economic Damages for Florida Rideshare Accident Cases
Intangible losses that are not easily quantified can be categorized as non-economic damages. They may include:
- Pain and Suffering: This refers to the physical discomfort and emotional anguish caused by the accident and related injuries.
- Loss of Enjoyment of Life: If your injuries prevent you from participating in activities that used to bring you joy, you may be eligible for compensation to account for this loss.
- Emotional Distress: Accidents can have psychological consequences, such as anxiety, depression, or post-traumatic stress disorder (PTSD), for which you can seek compensation as non-economic damages.
At Cohen and Cohen Law, our knowledgeable Florida rideshare attorneys can evaluate the negative impacts that a rideshare accident injury has had on you in the past and assess the potential future implications. We are experienced in calculating and seeking appropriate compensation for these intangible damages following an auto accident.
Punitive Damages in Rideshare Accident Cases
Punitive damages serve to punish the defendant and deter similar actions in the future. These damages are typically only awarded in Florida when the defendant’s conduct is particularly egregious or reckless. Our rideshare attorneys can assess whether these and other damages may apply to your rideshare accident case during your free consultation.
Assessing The Driver’s Liability in Your Florida Rideshare Accident
In rideshare accident cases, multiple parties may be involved, including rideshare drivers, their associated companies (like Uber or Lyft), insurance companies representing the ridesharing service, the driver’s personal insurance company (depending on the circumstances), and even drivers and passengers in other vehicles. In the event of a ridesharing accident while the driver is responding to a passenger request, the rideshare company’s insurance should provide coverage of up to $1.25 million for each accident.
However, the exact liability of an Uber driver or a Lyft driver in an accident can vary based on specific circumstances. Your Florida rideshare lawyer will help you assess liability and applicable coverage based on what happened and when, addressing the factors described below.
Was Your Rideshare Driver Logged Into Their App?
When an automobile operator is logged in to the app as a rideshare driver with Uber or Lyft, they’re officially on-duty. In case of an accident during this time, the primary insurance coverage is provided by the rideshare company. To ensure adequate coverage, it is mandatory for drivers to carry a minimum of $1 million in liability insurance, covering both bodily injury and property damage.
However, if they’re logged in but haven’t accepted a ride, then a lower level of coverage from the rideshare company’s insurance may be applicable. Once they accept a ride, they’ll be eligible for the highest level of coverage.
Was Your Rideshare Driver Not Logged Into Their App at the Time of the Accident?
If the driver was not logged in to the Uber or Lyft app, their personal auto insurance would apply, and it would likely be the primary coverage. In these situations, the insurance provided by the rideshare company may not apply.
When a Passenger is in the Vehicle During a Florida Rideshare Accident
If you or another passenger were present in the rideshare vehicle during an accident, it may have an impact on your claim. The passenger(s) might be able to file a claim against both the Uber or Lyft driver and the other driver involved in the accident. Your personal injury attorney can guide you regarding the implications of these additional complexities.
If The Driver Had Accepted a Ride Request
Once an Uber driver or Lyft driver accepts the request, the insurance from the rideshare company usually offers the highest coverage for a related Uber accident or a Lyft accident. Coordinate with your Uber or Lyft accident lawyer to determine the applicable coverage under the rideshare company’s insurance policy.
The Responsibility of The Rideshare Driver On Florida’s Roads
Rideshare drivers have a liability to follow traffic laws and drive in a way to protect the safety of passengers and others on the road. They could be held responsible for negligent or reckless behaviors such as speeding, not obeying stop lights, or distracted driving.
Rideshare Accident Reporting Responsibilities in Florida
Rideshare drivers are required to promptly notify the rideshare company (Uber or Lyft) if they are involved in any accidents. They also must cooperate fully with law enforcement and insurance companies during their investigations if they are involved in an Uber accident or a Lyft accident.
Proving a Rideshare Accident Case Presents Distinct Challenges
Proving cases involving Florida rideshare accidents is quite different from proving a regular car accident case, as there are multiple parties involved, different insurance policies to consider, and unique circumstances surrounding rideshare services.
Proving that the Uber or Lyft driver was at fault may require different types of evidence, such as police reports, surveillance videos, and witness accounts. It’s crucial to gather the necessary evidence to establish that the injuries occurred due to the driver’s direct negligence. The order of events and circumstances will affect the insurance coverage that applies to your case, which in turn will affect how your Florida rideshare accident attorney will approach seeking compensation for your medical bills related to bodily injury suffered in the Uber or Lyft car accident.
If you find yourself needing to make a rideshare accident claim, you can seek guidance from the dedicated team at Cohen and Cohen Law. They will assist you in navigating through all aspects of your rideshare accident case.
The Rideshare Company’s’ Part in Your Case
Whereas regular car accidents typically only involve the drivers as the primary parties, rideshare accidents involve the driver’s associated ridesharing company. Uber and Lyft have their own insurance policies and legal teams, and their involvement can depend on circumstances, strategies, and the unique details of the accident.
Proving The Rideshare Driver Was At Fault
To establish the responsibility of the Uber or Lyft driver, gathering evidence like police reports, surveillance videos, and witness statements may be necessary. An experienced Florida rideshare accident lawyer can assist in the burden of proof by collecting evidence and highlighting the driver’s direct negligence, making it clear that injuries occurred because of their actions.
Note that in some ridesharing accident cases another driver besides the rideshare driver may be at fault.
Understanding How Insurance Companies Approach Rideshare Accidents in Florida
When it comes to rideshare accidents, insurance companies have a unique approach. Unlike regular car accidents, rideshare companies carry substantial insurance policies, typically up to $1 million, which may come into play in these situations.
However, it’s important to note that these companies often deny liability, making the argument that their drivers are independent contractors rather than employees. Your Florida rideshare accident attorney at Cohen and Cohen Law can represent your interests and help you navigate your case.
Your Own Personal Injury Protection (PIP) Coverage May Apply
If you have Personal Injury Protection coverage (PIP), it can apply to immediately address medical expenses following a Lyft or Uber accident, regardless of fault. Do not hesitate to seek medical attention after an accident occurs. An experienced rideshare accident lawyer can assess how PIP can affect your personal injury claim.
Factors Affecting The Value of Your Florida Rideshare Accident Case
When it comes to valuing a rideshare accident case in Florida, an experienced attorney will take multiple factors into consideration to determine the liability of the involved parties and the extent of damages that can be claimed:
- Driver’s Behavior and Accountability — The rideshare driver’s actions at the time of the accident factor greatly in the potential value of the case. Distracted driving, fatigue, or inadequate driver screening, if contributing to the accident, could increase the liability of both the driver and the company.
- Compliance with Regulatory Processes — Drivers for rideshare services in Florida must adhere to processes designed to determine liability. Your attorney can help you determine whether the driver correctly followed these regulatory processes.
- Insurance Coverage and Claims — The rideshare service will typically have a large insurance policy, their legal teams work to minimize payouts, and different amounts can apply (or not apply) under different circumstances under which an accident can occur. The details of the policy, the claim/accident, and the response of the insurance company to the claim will all tend to have a great bearing on the applicable insurance coverage and the value of your Lyft or Uber accident case.
- Severity, Nature, and Long-Term Impact of Injuries — The severity of your injuries, their impact on your life, and the duration of the impact will tend to significantly affect the value of a claim. Serious, permanent injuries often involve long-term medical costs and/or long-term disabilities. Discuss the implications of catastrophic or severe injuries you or other rideshare passengers have suffered with your Florida rideshare attorney.
- Medical Expenses and Other Accident-Related Costs — The sum of medical bills, including future medical expenses related to the Uber or Lyft accident, will affect the value of a rideshare accident case. Loss of income and property damage can also play a significant role in valuation.
- Emotional Trauma and Mental Distress — If you experienced pain and suffering, such emotional and psychological trauma can often be included in a claim as non-economic damages.
At Cohen and Cohen Law, our team of experienced personal injury lawyers manages communications with insurance companies and conducts thorough investigations to gather evidence from the accident scene, when relevant. Our law group reviews the accident crash report, various witness accounts, and other evidence to determine how the Lyft or Uber car accident occurred, and we will assess your personal injuries in coordination with the medical assistance and treatments required due to the Uber or Lyft accident to inform a fair settlement we will pursue for your rideshare personal injury claim under Florida law.
It is important for you to immediately seek medical attention following an Uber or Lyft accident. This not only aids in your physical treatment and recovery, but the documentation builds essential evidence to pursue a fair settlement.
Our rideshare accident attorneys can assess to what extent you may be entitled to seek compensatory damages (economic damages), covering medical bills and lost wages, as well as non-economic damages for pain and suffering. In some cases, punitive damages may even be awarded if the driver’s actions were particularly reckless.
After seeking immediate medical attention, it’s crucial to protect your legal rights by requesting a free consultation with a Florida rideshare accident attorney. During this discussion, we’ll assess the validity of your claim and provide guidance tailored to your specific circumstances. At Cohen and Cohen Law we can provide you with the guidance and legal representation you need to pursue an appropriate Uber or Lyft accident settlement.
Schedule a Free Consultation with Cohen and Cohen Law To Evaluate Your Florida Rideshare Accident Case
A rideshare accident in Florida can leave you with significant pain and injuries, mounting expenses for medical treatment, and perhaps inability to work and continued discomfort. It may also cause you additional expenses for years to come. Rideshare accident cases are complex, with different insurance coverage scenarios applying under different circumstances due to the order of behaviors or inactions of the Uber or Lyft driver. Our knowledgeable legal team is prepared to help you in all Florida counties.
Contact us today to schedule your free initial consultation with an experienced rideshare accident attorney at Cohen and Cohen Law by calling (800) 332-6436(800) 332-6436 or by filling out our online form. You will retain access to your lawyer via their cell phone number. When you work with us, you will be treated like family.
During this call, we will gather the important details of your case and guide you regarding the right way to proceed. This first meeting is always free, with no obligation or pressure. There is no fee unless we win.
Experience Matters — Serving Florida for Over 50 Years
Frequently Asked Questions About Rideshare Accidents in Florida
Who can be held liable in a rideshare accident in Florida?
Determining liability in a rideshare accident in Florida can be complicated due to the involvement of multiple parties. Fault in rideshare accidents may extend to the rideshare driver, other motorists, the rideshare company, or even third parties, depending on the circumstances.
How is fault determined in a rideshare accident claim in Florida?
Fault for a Florida rideshare accident is determined by assessing the actions of all involved parties, reviewing evidence, considering traffic laws, and evaluating any negligence that contributed to the accident.
Additionally, Florida follows a modified comparative negligence rule, which means that fault can be apportioned among the parties. Even if a rideshare driver is partially at fault, they can still pursue compensation, although it may be reduced based on their percentage of fault. Individuals who are more than 50% responsible for an accident are ineligible to claim damages.
Is there a time limit for filing a rideshare accident claim in Florida?
The statute of limitations for filing a personal injury claim due to a rideshare accident in Florida is two years from the date of the incident. However, this is a general timeframe, and specific circumstances might affect the deadline. Consulting with an experienced Florida personal injury attorney is crucial to understanding your case’s specific limitations and making sure you meet the necessary deadlines.
Can passengers in a rideshare vehicle claim compensation for injuries in Florida?
In Florida, passengers in a rideshare vehicle can claim compensation for injuries sustained in an accident. Rideshare companies like Uber and Lyft have insurance policies that cover passengers, including liability and personal injury protection (PIP). As a passenger, you can file a claim against the rideshare company’s insurance, and possibly against another driver’s insurance if they were at fault. Considering that Florida is a no-fault state, your own PIP insurance may also provide coverage, but the rideshare company’s insurance usually takes precedence.
How can a personal injury attorney assist with a rideshare accident claim in Florida?
An experienced Florida personal injury attorney can evaluate your case and provide legal guidance on your rights and potential compensation. A skilled attorney can navigate the complexities of insurance policies, negotiate with insurance companies, gather evidence, and assess possible damages to support your claim.
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