Fort Lauderdale Uber Accident Attorney

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Fort Lauderdale Uber accident lawyer

While Uber is generally a safe and convenient way to get around Fort Lauderdale, accidents do happen. The huge influx of tourists and residents needing transportation means more cars on the roads, which can raise the risk of Uber accidents. If you are involved in an Uber accident, you may need the help of an experienced Fort Lauderdale Uber accident lawyer.

Picture this: You just had an amazing time at a conference in downtown Fort Lauderdale, and now you’re heading back to the Hyatt Centric Las Olas Hotel. You’re enjoying a peaceful ride in the back of an Uber when, out of nowhere, another vehicle rear-ends you on E Las Olas Boulevard.

You and your friends might have had a great time at Karma Kava and are ready to call it a night. You get in an Uber, and not even five minutes later, a drunk driver comes barreling down the road in the opposite direction and slams into you.

Hiring a skilled Uber accident attorney can help you understand the legal processes and even represent you in court if necessary. At Schilling & Silvers Property and Accident Attorneys, when you work with us, you’re not just another client; you’re family. Our legal team is here to support you at every step after an accident. We understand that accidents like these can be really traumatic, and we’re here to help you get the justice you deserve.

Contact our law firm today for a free consultation and case evaulation.

How Often Do Accidents Involving Uber Occur in Fort Lauderdale, Florida?

According to Uber’s US Safety report, there was a 7% increase in motor vehicle fatalities between 2017-2018 and 2019-2020, consistent with the 6% increase observed nationwide. Over 101 individual motor vehicle fatalities occurred in 91 fatal incidents involving Uber. Half of these fatalities were caused by at least one risky behavior, such as alcohol impairment, speeding, or wrong-way driving. Notably, 94% of these accidents resulted from such behaviors by third-party drivers and not Uber drivers.

Can I File an Insurance Claim For an Uber Accident in Fort Lauderdale?

Yes, you can file an insurance claim or a personal injury lawsuit in Florida to seek compensation for Uber accident-related injuries and damages, just like you would in a regular car accident. However, you’ll need to determine who caused the accident and who will be held accountable.

Although Uber has a commercial auto insurance policy that covers passengers and third parties in the event of an accident, it only protects drivers when they have an active fare or are ready to pick up a passenger. Uber drivers work as independent contractors and are legally required to have auto insurance. This means Uber’s liability coverage will only apply if a driver has an accident with an active fare. Otherwise, the driver’s policy should pay.

If you are involved in an accident while using Uber in Fort Lauderdale, Uber’s insurance should cover it. If Uber tries to deny your claim by stating that their drivers are independent contractors, you might want to consider taking legal action by working with a Fort Lauderdale Uber accident lawyer at Schilling & Silvers Property and Accident Attorneys.

Other Possible Liable Parties

In most cases, Uber bears the responsibility for car accidents involving their drivers. However, sometimes Uber and the driver may not be responsible for an accident or may share liability with a third party. Other parties that may be held accountable include:

  • A mechanic who may have performed substandard work on your or the other party’s vehicle.
  • An auto parts manufacturer whose product(s) played a role in the accident.
  • A government agency that failed to promptly request the necessary repairs for roadway hazards in time.
  • A contractor who was hired to fix the road but did an inadequate job or left debris behind.

An Uber accident attorney in Fort Lauderdale from our firm can look into the incident on your behalf to determine who was at fault and how much compensation you are entitled to receive.

Who is Liable in a Fort Lauderdale Uber Accident?

When an accident occurs during an Uber ride in Fort Lauderdale, who is responsible depends on how the accident happened and who caused it. This can vary depending on a few factors, such as:

The Rideshare App is Off and Inactive

The driver is responsible for any damages incurred in an accident while the Uber app is off. They must use their personal insurance plan to cover all the damages.

The Rideshare App is On, Driver is Working, Car is Empty

The driver is responsible for any accidents that occur while they are waiting to be paired with a customer through the ridesharing app. However, insurance companies rarely pay out claims related to incidents involving rideshare drivers. This is why Uber has a policy that covers any accidents the driver causes in this setting.

The Rideshare App is On, Driver is Working, Has a Passenger in the Car

If an accident occurs while the driver is on their way to pick up a passenger or while driving a passenger, Uber insurance will cover the passenger as well as any other injured parties.

The Leading Causes of Uber Accidents in Fort Lauderdale, Florida

As a popular ridesharing service used by residents and visitors in Fort Lauderdale, Uber drivers are frequently on the road. This increased traffic and activity, along with a rise in the number of tourists, especially during the peak season, raises the risk of accidents for Uber drivers and passengers.

The following are some of the leading causes of Uber and Lyft accidents in Fort Lauderdale:

Distracted Driving

Uber drivers often rely on their smartphones and GPS services to find their way around, which can sometimes be distracting. They could also be busy with other things, like eating, drinking, or chatting with passengers. Uber drivers who aren’t paying attention to traffic signals or other vehicles around them who are driving distracted can easily cause accidents.

Speeding

Some Uber drivers tend to rush to maximize trips and earnings. Accidents that happen at high speeds are more likely to result in serious injuries because the impact is much stronger.

Fatigued Driving

Some Uber drivers work for long hours to maximize earnings. This can cause drowsiness, impaired alertness, and reduced concentration, all of which increase the risk of accidents.

Drunk or Impaired Driving

Unfortunately, some Uber drivers operate their vehicles under the influence of drugs or alcohol. Intoxicated driving is dangerous on its own, but when combined with other factors like speeding or distraction, the outcomes can be catastrophic.

Inadequate Vehicle Maintenance

Uber drivers typically have their vehicles on the road more frequently than the average motorist. Therefore, they need to have their cars serviced often. Issues with brakes, tires, and other critical components can easily cause accidents.

Poor Weather Conditions

Bad weather affects all drivers, including Uber drivers. If a driver fails to adjust their driving in adverse conditions, such as when the roads are wet, snowy, or icy, it can increase the risk of accidents.

Inexperience

Uber drivers can make mistakes when navigating places they’re not familiar with. Some Uber drivers could also be inexperienced.

Reckless or Aggressive Driving

Risky behaviors like rapid acceleration or braking, swerving in and out of traffic, and cutting other vehicles can lead to Uber accidents.

Failure to Yield Right of Way

To keep everyone safe, drivers must follow the rules of the road, which may require them to yield to other vehicles in certain situations. Accidents involving Ubers have occurred when drivers have failed to give the right of way at intersections or when merging onto highways.

You may be eligible for compensation if you’re injured in an Uber accident due to your driver’s negligence. An experienced Fort Lauderdale Uber accident lawyer can assist you in filing a lawsuit and getting compensation for your injuries, lost wages, pain and suffering, and other losses.

How to File an Uber Accident Lawsuit

If you have been involved in an accident while riding as a passenger in an Uber, you may be wondering if you have a legal case against the company. Here is what you should know before filing an Uber accident lawsuit:

Uber is not a taxi service but rather a ridesharing platform. So, Uber drivers are not technically workers but “independent contractors.” As such, Uber’s insurance policy does not apply to them. If you suffer injuries in an Uber-related accident, you will have to seek compensation from the driver, not Uber.

There are, however, exemptions which our Uber accident attorneys in Fort Lauderdale are aware of where Uber could be held liable for damages caused by the driver:

  • If the driver was on the clock and logged into the app during the accident.
  • If the accident was caused by a faulty vehicle or any other factor beyond the driver’s control.

If you’re considering filing an Uber accident lawsuit, it’s advisable to consult an Uber accident attorney in Fort Lauderdale to discuss your legal options. They can advise whether you have grounds for a lawsuit against the at-fault driver, Uber, or any other party.

What Financial Compensation is Available in Fort Lauderdale Uber Claim?

Uber provides $1 million in insurance coverage for drivers, passengers, and anyone else affected by an accident during an Uber ride. However, don’t expect Uber to automatically pay you $1 million in the event of a car accident.

Here are the three possible situations you could end up in:

You’re an Uber Passenger. It’s probably a good idea to use your personal injury protection (PIP) coverage first before counting on Uber to cover your damages. When that runs out, or if the accident caused you serious injuries, you can file a claim against Uber. It’s also advisable to file a claim with the driver’s car insurance company.

You’re an Uber Driver: If an accident happens after you’ve accepted a ride request or while a ride is in progress, you’re fully protected by Uber’s $1 million insurance policy. However, if you get into an accident while not actively providing a ride, you will have to depend on your personal insurance to cover any resulting damages.

You’re a Third Party Driver or Passenger. If you weren’t in the Uber during an accident, the process is pretty much the same as what Uber riders go through. Start with your PIP and health insurance first. You might have to file a claim against the driver and contact their personal insurance, but don’t get your hopes up. Just think of Uber’s $1 million insurance liability as a last resort.

Fort Lauderdale, Florida

Fort Lauderdale, Florida, is a beautiful coastal city known for its beaches, canals, and nightlife. The city is also a popular tourist destination, with over 16 million visitors every year.

Here are a few locations in Fort Lauderdale that people often use Uber to get to:

  • The Riverwalk Fort Lauderdale — The Riverwalk Fort Lauderdale is a 2.5-mile pedestrian and bicycle path along the New River. It is a popular spot for taking a stroll, riding a bike, or just hanging out.
  • The Broward County Film Society — The Broward County Film Society is a non-profit organization that promotes independent film in Fort Lauderdale. The organization hosts a variety of film festivals and events throughout the year.
  • The Museum of Discovery and Science — A science museum in Fort Lauderdale that features interactive exhibits on space, biology, and physics. The museum is a popular destination for families and school groups.

Experienced Rideshare Attorneys in Fort Lauderdale

If you’ve been involved in an accident while riding in an Uber in Fort Lauderdale, you probably have a lot of questions about what steps to take next. Hiring a Fort Lauderdale Uber accident lawyer can help you gather evidence, determine reliable parties, and build a compelling case on your behalf.

At Schilling & Silvers Property and Accident Attorneys, we have successfully represented many Uber accident victims in Fort Lauderdale. Our team of experienced lawyers has extensive expertise with Uber accidents and is well-versed in Florida personal injury law. Contact us today for a free consultation, and let us help you navigate your case.

In addition to Fort Lauderdale our attorneys also serve HialeahHollywood, FL, Pompano Beach, Wilton Manors, North Lauderdale,  Lazy Lake, Roosevelt Gardens, Sea Ranch Lakes, and more.