Rideshare services like Uber and Lyft have become very popular in major metros like Fort Lauderdale. Although a convenient means of transportation, using a rideshare service is not without risks. Uber and Lyft accidents injure many people each year in the Fort Lauderdale area, leaving victims with considerable medical expenses and other damages.
If you sustained injuries or lost a loved one in a rideshare accident, you must contact an experienced Fort Lauderdale Uber and Lyft accident lawyer for help getting the compensation you deserve.
Dedicated vehicle collision attorney David I. Fuchs and the legal team at David I. Fuchs, Injury & Accident Lawyer P.A. can assess your case and help you pursue compensation from these large corporations. Contact us today for a free consultation.
How Our Attorneys Can Help Your Ft. Lauderdale Uber Accident Case
David I. Fuchs, Fort Lauderdale Uber and Lyft Accident Lawyer
When you’re involved in an accident, whether as a passenger or because a Lyft driver hit your car, you absolutely need dependable legal representation.
There are myriad factors at play in a ridesharing accident case, and without legal assistance, you could end up with nothing. For example, the driver may have multiple insurance policies in effect—their personal insurance policy and their Uber policy. When this happens, there is often a dispute between the insurance providers about who really needs to pay and who gets off scot-free. This leaves you, the victim, without recourse as multimillion-dollar companies fight over an injury claim.
David Fuchs cuts through all of that to get to the heart of what matters: your compensation. As your Uber lawyer, he conducts a thorough investigation of the Lyft or Uber accident to establish liability and understand your damages.
With over 30 years of experience in personal injury law, David Fuchs has honed his negotiation skills to the point that he can fight aggressively for each and every client. Uber and Lyft fight for their own profit margin; David Fuchs fights for you.
Causes of Uber and Lyft Collisions
Rideshare accidents have increased as Lyft and Uber have become more popular across the country. While drivers face the same risks and challenges as personal drivers, the fact that they are paid drivers adds several other factors to the mix. Some common causes of rideshare crashes include:
Speeding
Uber and Lyft drivers are paid a set amount for a trip, with slight variances for time and mileage. You may think that this is enough to encourage them to drive safely, but in fact, there is still significant pressure to complete a greater quantity of trips. Even with mileage and time factored in, drivers simply make more by doing multiple short trips than by doing one long trip. This is particularly true during surge times, when drivers are in high demand and receive higher fares. Consider, too, that Uber offers bonuses to drivers who complete a set amount of trips in a specific time frame. It’s no wonder that drivers speed to get to their next fare.
Inexperience with the Area
While some drivers stick to the area they are familiar with, there are times that a trip takes them out of their main area and into a nearby suburb or different neighborhood. When a ride pops up in that area and they take it, they could find themselves on roads they are unfamiliar with. This significantly increases the risk of an accident, particularly if they’re trying to go as fast as possible to get their next ride.
Fatigued Driving
Even with surge fares and tips, many drivers report barely scraping by on Uber and Lyft earnings. Add in the fact that drivers have to pay for their own health insurance since they are contractors, and you have a situation where drivers have to put in crazy hours to make a living. This means that the Lyft driver who picks you up may have been on the road already for 11 hours, significantly increasing the risk of an Uber car accident.
Distracted Driving
To get to their destinations more quickly, many Uber and Lyft drivers have a phone stand set up in their cars so they can use GPS. Unfortunately, some drivers don’t just use this for GPS. They may be accepting other fares in anticipation of dropping you off, checking text messages that pop up, or even replying to messages.
Traffic Violations
Uber or Lyft drivers may run red lights, fail to yield, and commit other traffic violations that can lead to collisions.
Driver Intoxication
Although Uber and Lyft have zero-tolerance policies for their drivers to drive while under the influence of alcohol or drugs, some drivers do so anyway. Drunk driving accidents injure and kill many people throughout the Fort Lauderdale area, and an Uber or Lyft passenger may have no idea their driver is inebriated until it’s too late.
Other factors can lead to an Uber or Lyft accident as well, including improper vehicle maintenance, driving too fast for weather conditions, and inadequate training. If you or a family member suffered serious injuries in an Uber or Lyft accident, it’s crucial you contact an experienced personal injury attorney in Ft. Lauderdale to learn how to hold the driver accountable and recover damages.
Who is Liable for an Uber or Lyft Crash in Ft. Lauderdale?
Determining liability is fairly complicated in an Uber accident claim. Much depends on the status of the driver at the time of the crash and whether or not the driver met Uber’s standards.
If the driver does not have the app on, their insurance company is responsible for any damage they may cause. If the driver is on the app but does not yet have a passenger, some coverage is available to those who have an Uber driver hit their car. Coverage is accessible to those injured while a driver is on the way to pick up a passenger or is transporting a passenger.
However, this only determines who pays if the driver is liable. In many circumstances, the driver is liable for the damage caused by an accident. Liability may shift to Uber or Lyft if they did not properly screen the driver and therefore missed disqualifying facts.
If the driver has a felony, DUI, hit-and-run misdemeanor, violent crime conviction, lewdness conviction, or convictions for driving with a suspended license, the driver should not be approved by the company. If the company permits them to begin driving anyway, they could be liable.
Insurance Requirements for Uber and Lyft Drivers
One of the biggest questions surrounding Uber and Lyft accident claims involves insurance and which policy covers injuries resulting from a rideshare accident. Some general principles that typically apply to rideshare drivers in Fort Lauderdale and other locations include:
Personal Auto Insurance: Both Uber and Lyft generally require their drivers to maintain personal auto insurance that meets the minimum requirements set by the state or country. Drivers must inform their personal auto insurance provider that they are using their vehicle for ridesharing to ensure they have the appropriate coverage.
Rideshare Insurance: Many insurance companies now offer rideshare insurance policies specifically designed to cover drivers during the period when they are available for rides but have not yet accepted a ride request. Rideshare insurance may also provide coverage during the period when a driver has accepted a ride and is transporting passengers.
Uber and Lyft Insurance: Both Uber and Lyft provide liability insurance coverage for their drivers, but the coverage amounts can vary depending on the specific period of activity:
- Period 1: When the driver is logged into the app but hasn’t accepted a ride request, both companies typically provide limited liability coverage.
- Period 2: When the driver has accepted a ride request and is en route to pick up the passenger, both companies usually provide higher liability coverage.
- Period 3: When the driver is actively transporting a passenger, both Uber and Lyft generally provide the highest level of liability coverage, as well as coverage for the driver’s vehicle.
Collision and Comprehensive Coverage: Drivers are usually responsible for obtaining their own collision and comprehensive coverage for their vehicles, as Uber and Lyft’s insurance primarily covers liability.
Rideshare drivers must review and understand the insurance requirements in their specific location. Some areas may have specific laws regulating rideshare insurance, and failure to comply with these regulations could result in consequences such as the suspension of driving privileges.
You must contact a personal injury lawyer in Fort Lauderdale to learn of the specific policies that apply to your case to submit a claim and your options for getting compensation.
Getting Compensation for Your Uber or Lyft Accident
What does this insurance coverage mean for you when you are involved in an Uber car accident as a passenger? It means that your attorney has a lot of avenues to explore as they investigate the accident and work to establish liability. It may come out that the company did not properly vet the driver and failed to uncover a history of DUIs, which would put liability on the shoulders of the company. It may come down to an error on the part of the driver, leading to damages that must be paid out by Lyft or Uber.
Regardless, it is important to track the financial and non-financial losses you suffer. When someone comes to us and asks, “A Lyft driver hit my car, what do I do?” we ask for documentation of their losses. This may include repair estimates from mechanics, medical reports indicating the extent of your injuries, and a receipt for your car insurance deductible. Other losses that drivers or passengers may be compensated for include:
- Medical bills and other expenses
- Lost wages
- Lost future income if your ability to work is permanently impaired
- Pain and suffering
- Property damage
- Loss of consortium
- Disability and/or disfigurement
You may also obtain additional forms of compensation depending on the nature of the accident, the severity of your injuries, and other factors. You may also pursue wrongful death damages through a wrongful death claim if an Uber or Lyft accident killed a close family member. Such damages can help cover final medical expenses and funeral and burial costs.
Who Can Recover Compensation After a Rideshare Accident?
After a rideshare accident, various parties may be eligible to recover compensation depending on the circumstances of the accident and the applicable laws. Here are the key parties who may seek compensation:
- Rideshare Passengers: Passengers who were in the rideshare vehicle at the time of the accident are generally entitled to compensation for injuries sustained. This compensation may come from the rideshare driver’s insurance, the rideshare company’s insurance, or the at-fault party’s insurance.
- Rideshare Driver: Rideshare drivers may be eligible for compensation for injuries sustained during the course of providing rideshare services. The availability of compensation will depend on the circumstances of the accident and the insurance coverage in place.
- Other Drivers and Passengers: If the accident involved multiple vehicles, both drivers and passengers in vehicles not affiliated with the rideshare service may be eligible for compensation. This would typically be pursued through the at-fault party’s insurance.
- Pedestrians and Cyclists: Pedestrians and cyclists who are involved in a rideshare accident may be entitled to compensation for their injuries. This compensation may come from the rideshare driver’s insurance or the rideshare company’s insurance.
- Third Parties: In some cases, individuals who are not directly involved in the accident but suffer harm as a result (such as property damage or economic loss) may also be able to seek compensation.
As mentioned, insurance coverage can vary depending on the specific circumstances of the accident, including whether the rideshare driver was on duty, whether they had accepted a ride, or whether they were actively transporting a passenger. The rideshare company’s insurance policy typically provides coverage during different phases of the trip.
If you’re involved in a rideshare accident in Fort Lauderdale and believe you qualify for compensation, you should consult an experienced rideshare accident attorney right away to learn of your options and to get help navigating the complex claims process.
What Should I Do After an Uber or Lyft Accident in Ft. Lauderdale?
If you are involved in an Uber or Lyft accident in Ft. Lauderdale, you must take certain steps to ensure everyone’s safety and protect your legal rights. Here’s a general guide on what you should do after an Uber or Lyft accident:
- Check for Injuries and Move to a Safe Location: Check for injuries and call for emergency medical assistance if needed. If it’s safe to do so, move to a secure location away from traffic.
- Contact Law Enforcement: Report the accident to the local police or law enforcement. Obtain a copy of the police report for your records. This will become an integral part of your claim.
- Exchange Information: Exchange contact information, insurance details, and vehicle information with all parties involved in the accident. Collect the names and contact information of any witnesses so you can share them with your attorney.
- Document the Scene: Take photos of the accident scene, including vehicle damage, license plates, and any relevant road signs or signals. Note the time, date, and weather conditions. Try to gather as much evidence as you can that shows the cause of the accident and the damage it caused.
- Preserve Evidence: Keep records of all medical treatment and expenses. Preserve any evidence related to the accident, such as receipts, photographs, and witness statements.
- Seek Medical Attention: Even if you don’t believe you are seriously injured, it’s advisable to seek medical attention. Some injuries may not be immediately apparent, and you want to get a medical exam to rule out any issues that could cause problems later. Also, you will need documentation of your injuries and treatment to file an injury claim.
- Contact Your Insurance Company: Notify your own auto insurance company about the accident and follow their recommendations for filing a claim.
- Understand Insurance Coverage: Be aware of the insurance coverage provided by the rideshare company (Uber or Lyft) during different periods of the trip (e.g., waiting for a ride, en route to pick up a passenger, transporting a passenger).
- Avoid Making Statements: Be cautious about making statements to insurance adjusters or representatives of the rideshare company without consulting an attorney.
- Follow Up on the Claim: Keep track of your claim with the rideshare company and work with your insurance company as needed.
Contact an Attorney
All of this can seem overwhelming, especially if you suffered injuries and are dealing with the aftermath of the crash. That’s why it’s vital you contact a personal injury attorney in Fort Lauderdale who has extensive experience handling Uber and Lyft accident claims. A car accident lawyer from David I. Fuchs, Injury & Accident Lawyer P.A. can explain your rights and options to pursue compensation and explain the process. We can also advocate strongly on your behalf throughout the process to increase your chances of getting the full and fair compensation you need.
Contact a Fort Lauderdale Uber and Lyft Accident Attorney Today
We can help you fight for the compensation you are owed. When you choose ridesharing, you should be able to feel confident that you are being driven by a competent and vetted driver. When their negligence causes you harm, it isn’t fair that you get left with the repercussions. David Fuchs has negotiated a number of Uber accident settlements and Lyft accident settlements, and he knows how to navigate the complexities of Fort Lauderdale ridesharing laws.
Our goal is to help you get the compensation you deserve. Too many people get little to no compensation because of an insurance company’s legal team. Insurance companies have spent a lot of money and time figuring out how to reduce payouts and deny payouts entirely, and when you file a claim, all of that knowledge is working against you.
You deserve an Uber or Lyft car accident attorney who can bring the company to the table in good faith. Instead of spending your time dodging insurance company calls or trying to gather evidence, you can entrust our legal team to your attorney and focus on recovering.
The team at David I. Fuchs Injury & Accident Lawyer, P.A. is here to help you get through this challenging time. Whether you were hit by an Uber driver while driving your own car or you were injured as a Lyft passenger, David I. Fuchs will fight aggressively for your rights.
To speak with a team and schedule a consultation with a Uber and Lyft car accident lawyer, reach out to us online.
David I. Fuchs, Injury & Accident Lawyer, P.A. – Fort Lauderdale Office
8 SE 8th Street
Fort Lauderdale, FL 33316
P: (954) noswap568-3636