Miami Uber & Lyft Accident Lawyer
Uber and Lyft are the new taxi cabs. Rideshare services have become increasingly popular in the last few years, especially among millennials. Using rideshare apps to get from A to B is convenient, easy to use, and cheaper than calling a taxi. Uber drivers have a duty to drive in a safe, reasonable manner while chauffeuring customers to their final destinations.
Unfortunately, accidents happen, and many people have suffered injuries due to the negligence of their Uber and Lyft drivers. When a person has been injured in an accident while utilizing a rideshare app, questions arise as to whom the passenger can collect damages from. Does a passenger sue the driver or the company? Which insurance company will pay for damages? If you or someone you love were injured in an accident due to the negligence of a rideshare driver, contact a Miami Uber and Lyft accident attorney to find out what damages you may be entitled to.
Causes of Uber and Lyft Accidents
The same factors that cause regular car accidents apply to Uber and Lyft collisions as well. Speed and aggressive driving are common causes of accidents due to the nature of the transportation. Uber and Lyft drivers are able to drive and earn as much money as they want. The more they drive, the more money they make. Thus, when a driver wants to fit as many trips into a night as possible, time is of the essence and speeding and ignoring traffic signals are ways to quicken the cash flow. A few other factors that contribute to rideshare collisions are:
- Distracted driving
- Driver fatigue
- Poor vehicle maintenance
Who is Liable for Damages in an Uber or Lyft Accident?
Filing a personal injury suit can be confusing when an injured passenger doesn’t know who is liable for the accident. Florida is a no-fault insurance state. This means that drivers (and passengers) involved in car accidents (regardless of who was at fault) must seek compensation from their own auto insurance companies first and sometimes exclusively for injuries suffered. Personal Injury Protection (PIP) insurance will also cover a significant portion of medical expenses sustained during an accident.
Here is where it gets tricky. Most auto insurance companies have a policy that bars recovery when a driver was using the vehicle for commercial purposes. Commercial insurance coverage is not offered to Uber and Lyft drivers in the State of Florida. Both Uber and Lyft do provide coverage for drivers and passengers through liability policies. In order to collect damages under these policies, a passenger must have been en route from the pickup point of the ride to the destination. The policy also requires proof that at the time of the collision, the driver was using the route indicated by the rideshare service’s software. It is not uncommon for drivers to take alternate routes because of construction or traffic. However, rideshare service companies have been known to try and deny coverage to injured passengers upon a finding that their drivers were not traveling on the prescribed route.
If you were injured while being chauffeured by an Uber or Lyft driver, it is imperative that you consult with a Miami personal injury attorney immediately. When a rideshare service company denies insurance coverage, the potential financial losses that you can occur are devastating. Filing a personal injury lawsuit against your negligent driver and the rideshare service company can help you recover the damages you are owed. The Uber and Lyft accident attorneys at the Law Offices of Prosper Shaked can help you on your road to recovery.
Compensation for Uber and Lift Accident Injuries
There are two types of damages an injured passenger can collect upon filing a personal injury claim against a negligent driver and/or the rideshare service company: compensatory and punitive. The purpose of compensatory damages is to make the plaintiff “whole.” Plaintiffs can collect compensatory damages for both monetary and nonmonetary losses. Some of these include:
- Present and future medical expenses
- Present and future loss of income
- Vocational rehabilitation
- Household services
- Wrongful death damages
- Loss of enjoyment
- Loss of consortium
- Pain and suffering
- Emotional distress
Punitive damages are not awarded as frequently as compensatory damages. Courts will award punitive damages in cases where the defendant’s behavior was particularly egregious or outrageous. The purpose behind punitive damages is to make an example out of the defendant so as to deter others from committing similar acts in the future. Florida has a cap on the amount of punitive damages that may be awarded in a personal injury lawsuit. A plaintiff can collect three times the amount of compensatory damages that were awarded or $500,000, whichever is greater.
Miami Uber and Lyft Accident Lawyer
If you or someone you love have been injured in an accident due to the negligence of a rideshare driver, call the Law Offices of Prosper Shaked right away. Seeking compensation for injuries suffered can be a complicated process, especially when a major corporation is involved. The Law Offices of Prosper Shaked takes pride in providing aggressive legal representation to clients who have been injured due to the negligence rideshare drivers. Call the Law Offices of Prosper Shaked today at (305) 690-0244 to schedule a free consultation with a Miami Uber and Lyft Accident attorney.