Ridesharing services have grown popular due to their convenience and affordable cost, but accidents sometimes happen. If you suffered injuries after a collision as a passenger in an Uber in Melbourne, Florida, you may be entitled to compensation.
Legal Options for an Uber Accident in Melbourne, Florida
You have legal options after an Uber accident in Melbourne, Florida. Understanding the statute of limitations for filing a claim, determining fault and understanding comparative negligence helps.
Statute of Limitations for Filing a Claim
According to Florida Statute 95.11, the statute of limitations for filing an Uber accident claim is two years from the date of the incident. You must file timely, or your case won’t be heard.
Determining Fault in an Uber Accident
The circumstances of an Uber accident can determine who’s at fault. Usually, this is the driver due to negligence.
Comparative Negligence in Uber Accidents
According to Florida Statute 768.81, Florida follows comparative negligence laws for accidents. This means if a passenger is deemed partially to blame for an Uber accident, their percentage of fault is deducted from the total damages they seek. However, they must be under 50% at fault.
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Legal Complexities of Uber Accident Cases in Melbourne, Florida
Florida Uber accidents are complex for various reasons. This is due to its insurance policy and coverage, determining liability, Florida rideshare laws and regulations, dealing with multiple insurance companies, proving driver status at the time of the accident and overcoming attempts to minimize compensation.
Uber’s Insurance Policy and Coverage
Uber’s insurance policy includes different types of coverage based on the situation when the driver is on duty. This includes $50,000 per person up to $100,000 per accident for injuries and $25,000 in property damage per accident. There’s also coverage for accidents caused by uninsured or underinsured drivers.
Determining Liability in Uber Accidents
Before filing an Uber accident claim, you must determine liability. These cases are complex because multiple parties might be liable. Usually, the driver is responsible due to negligent actions.
Florida Rideshare Laws and Regulations
According to Florida Statute 627.748, Uber and other rideshare services must carry insurance to cover the costs of injuries or property damage in the event of an accident. Total insurance coverage is $1 million with $50,000 in coverage for injuries and $25,000 for property damage. Drivers must pass background checks and vehicle inspections and meet other criteria.
Dealing with Multiple Insurance Companies
Multiple insurance companies may be involved in an Uber accident. Uber has its insurer while the driver has a policy through their insurance carrier. In some cases, when a driver is liable for an accident, their insurer and Uber’s might both be involved.
Proving Driver Status at the Time of Accident
You must prove an Uber driver’s status at the time of the accident. Different periods determine whether you have a case. During period 1, the driver is not using the app, so if they cause an accident, their personal insurance policy applies. During period 2, the driver is using the app and waiting for a ride request. If an accident occurs, Uber’s insurance kicks in. During period 3, the driver has a passenger or is picking one up. If they cause an accident, Uber’s insurance applies.
Overcoming Attempts to Minimize Compensation
Insurance adjusters aim to pay the lowest amount possible to injured victims. This stresses the importance of having an experienced attorney negotiate on your behalf. Adjusters know that lawyers can see through their tactics and usually avoid trying to lowball when one is involved.
Causes of Uber Accidents in Melbourne, Florida
There are many things that cause Uber accidents in Melbourne, Florida. The most common are distracted driving, fatigue and inexperienced drivers.
Distracted Driving
Distracted driving is a major reason for Uber accidents. Unfortunately, drivers must use the Uber app, so this can lead to distraction. However, other things and actions behind the wheel can also lead to a crash.
Fatigue
When an Uber driver is fatigued while working, it can be disastrous. Even if they don’t fall asleep behind the wheel, they can lose focus and get into an accident.
Inexperienced Drivers
Driver inexperience is another reason for Uber accidents. If the company fails to adequately screen prospective drivers, someone lacking experience can be hired, increasing the risk of accidents.
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Common Types of Injuries in Uber Accidents in Melbourne, Florida
Certain injuries are common in Uber accidents in Melbourne, Florida. They include whiplash, broken bones and traumatic brain injuries.
Whiplash
Whiplash is a soft tissue injury that occurs when a person’s body remains in place while their head whips forward during an accident. An Uber passenger can sustain this injury while in a seatbelt upon impact.
Broken Bones
Uber accidents often cause broken bones. Usually, this happens in severe crashes, but if someone isn’t using a seatbelt, they can suffer a fracture upon impact even in milder accidents.
Traumatic Brain Injuries
A traumatic brain injury (TBI) occurs in Uber accidents when a person hits their head on an object. It can also happen when something strikes someone in the head or penetrates their skull.
Types of Compensation in Uber Accident Cases in Melbourne, Florida
Certain types of compensation are available in Uber accident cases. They include medical expenses and ongoing treatment, lost wages and loss of earning capacity, pain and suffering and property damage.
Medical Expenses and Ongoing Treatment Costs
Depending on the severity of an Uber accident, you can have significant medical expenses. Some injuries may require ongoing treatment, which can quickly add up.
Lost Wages and Loss of Earning Capacity
Some injuries from an Uber accident can cause you to miss work. This entitles you to lost wages and loss of earning capacity damages. Proof of your wages can show how much money you’ve lost due to your injury.
Pain and Suffering Damages
Pain and suffering occurs when your injuries cause chronic pain and prevent you from living life normally. If you struggle and can’t perform your regular tasks or enjoy activities you loved before the Uber accident, you can recover pain and suffering damages.
Property Damage Compensation
If an Uber accident causes significant property damage, you can recover compensation. This applies whether you were driving your car was hit by an Uber vehicle or you were a passenger in the Uber and your property was damaged.
Choosing the Right Melbourne Uber Accident Lawyer
If you were injured in an Uber collision, choosing the right Melbourne Uber accident lawyer is crucial. When doing so, look for one experienced in rideshare accident cases, with a good track record of successful settlements and verdicts, client testimonials and reviews and who offers a free initial consultation and case evaluation process.
Experience with Rideshare Accident Cases
If you need an attorney after suffering injuries in an Uber accident, consider one with experience in rideshare accident cases. They know how these matters work and can use their expertise to your advantage.
Track Record of Successful Settlements and Verdicts
The best Melbourne Uber accident lawyer has a track record of getting good settlements for their clients. They also get positive verdicts.
Client Testimonials and Reviews
Before hiring an attorney, check their client testimonials and reviews. This can help determine whether they’re right to handle your case.
Free Initial Consultation and Case Evaluation Process
The best Melbourne Uber accident lawyers offer free initial consultations. They also explain the case evaluation process and protect your rights.
Andrew Pickett Law: Your Trusted Uber Accident Lawyer in Melbourne, FL
Have you been involved in an Uber-related incident in Melbourne, FL that resulted in injury? The legal team at Andrew Pickett Law is ready to advocate for your rights and help you obtain the compensation you’re entitled to. We offer complimentary case evaluations – simply reach out via phone or fill out our website’s contact form. Our experienced attorneys will meet with you at no cost to review your situation and outline potential legal strategies.
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