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Orlando Uber Accident Lawyer

If you have suffered injuries in an Uber accident in Orlando, contact the Orlando Uber attorneys  at Michael T. Gibson, P.A., Auto Justice Attorney today. You can either call our office at (407) 422-4529 or fill out one of our short contact forms.

Do You Need an Uber Accident Lawyer in Orlando?

Have you been involved in an Uber accident in Orlando, FL? Our dedicated Orlando Uber accident lawyers at Michael T. Gibson, P.A., Auto Justice Attorney can help you get the compensation you deserve. Call us today at (407) 422-4529 to speak with one of our attorneys during your 100% free consultation.

Uber, the California-based rideshare service, started serving Florida riders, including those in Orlando, in 2014. Over the last several years, rideshare companies like Uber have continued to attract riders who want affordable and convenient transportation. Many Orlando residents and visitors summon Uber rides to get around Orlando for business and pleasure.

However, Uber’s popularity and convenience have come at a cost to riders and others on the road. Even recent Florida regulations about transportation network companies (TNCs), like Uber and Lyft, haven’t quelled the risk of negligent Uber drivers. Long hours, distractions, and poor choices behind the wheel can all cause riders and others who share the road to suffer severe injuries when an Uber driver causes an accident.

If you were injured as an Uber passenger, the experienced Orlando car accident lawyers at Michael T. Gibson, P.A., Auto Justice Attorney, are here to help you navigate these challenges.

Orlando Uber Accident LawyersIf you have suffered injuries in an Orlando Uber car accident, Florida law permits you to seek compensation for damages in civil court if the Uber driver caused the collision. A severe car accident is a monumental life event when it leads to severe or catastrophic injuries. The consequences seep into every aspect of a victim’s life and impact them physically, mentally, and economically.

Contact our Orlando Uber accident attorneys at (407) 422-4529 for a free case evaluation to discuss the specifics of your Orlando Uber car accident and to learn about your best options, given your specific circumstances.

Why Choose Michael T. Gibson, P.A., Auto Justice Attorneys?

The experienced auto accident lawyers at Michael T. Gibson, P.A., Auto Justice Attorney, have been advocating for accident victims for years, including those who have suffered injuries in an Uber or Lyft accident. The firm’s dedication to client service and professional excellence has resulted in the recovery of millions of dollars in settlements and jury awards for clients.

In past auto accident cases, settlements and verdicts have ranged from $100,000 to more than $3 million to compensate accident victims and their families for economic and non-economic losses related to their injuries or death. We cannot guarantee a specific financial outcome for your case because each Uber accident has different circumstances and underlying facts that increase or decrease its value. Resta assured that every Orlando Uber accident lawyer at our law firm has the knowledge and resources to aggressively pursue the best outcome under your particular circumstances.

Common Causes of Uber Accidents in Orlando

Uber accidents occur for many reasons, but the vast majority are preventable. Each crash has distinctive characteristics but shares common negligent driving behaviors. Some examples of negligent choices that Uber drivers make that can lead to accidents and injuries include:

Distracted Driving

All motorists can cause an accident when they are distracted, but Uber drivers are more prone to distractions than the average driver. It’s against the law to use cell phones while driving unless using a hands-free feature or device. However, Uber drivers must sign in and out with their phones to pick up riders. Some Uber drivers use the Uber app while driving.

Uber drivers also have to deal with drunk, obnoxious, and extra chatty passengers, which can distract the driver from the road, and regularly rely on GPS devices to help them find their way to pick-up and drop-off locations. Uber drivers who spend too much time staring at the GPS are not focusing on driving which can cause severe accidents. Other common distractions that also plague Uber drivers include adjusting climate controls, A/C, and other vehicle features; eating and drinking; reaching for a dropped item; watching something outside the vehicle; and daydreaming.

Fatigued Driving

As a result of drowsy Uber drivers causing accidents, Uber implemented a policy limiting drivers to 12 hours per day to prevent drowsy driving. This only partially addresses the problem of fatigued Uber drivers, however. The 12-hour restriction only refers to time driving, not the breaks in between riders. Additionally, Uber is part-time gig work for many drivers, who may have at least one other job. Some drivers also work for other rideshare companies and regularly switch between apps. This means your Uber driver may actually end up driving far more than 12 hours each day.

The Federal Motor Carrier Safety Administration (FMCSA) has studied the relationship between sleep deprivation and driving. FMCSA’s research shows that 18 hours without sleep has a similar impact on the body as a blood alcohol level of 0.08, the legal limit for alcohol. Sleepy Uber drivers are dangerous and can cause severe, sometimes deadly, accidents.

Driving Under the Influence

Florida law requires Uber to perform background checks on its drivers. Drivers with a history of drug and alcohol abuse typically have difficulty gaining approval. However, you are only in trouble if you get caught. Background checks do not always reveal an individual’s past struggles with drugs and alcohol addiction.

Additionally, the law does not hold Uber drivers to the same standards as other professional drivers. Uber drivers do not need to have a commercial driver’s license (CDL), which means that they do not have to comply with the reduced breath alcohol limit of 0.04. Uber drivers who use drugs or consume alcohol may struggle to react appropriately to other vehicles, stoplights, pedestrians, bicyclists, and road hazards, potentially leading to a dangerous traffic crash.

Speeding

Uber riders want to get to their destinations as soon as possible, and drivers have an incentive to rush because they are paid per ride. The faster Uber drivers shuttle their riders around, the more money they can make when signed into the app. This means Uber drivers often speed and travel too fast for traffic, road, or weather conditions.

Excess speed makes it more difficult to control a vehicle, which can lead to an accident. However, the biggest danger in speeding is that it creates a greater force if a collision occurs. More force means a bigger crash, more severe injuries, and a higher likelihood of fatalities.

Inadequate Vehicle Maintenance

Uber requires its drivers to visit a Greenlight Hub in Orlando for yearly vehicle inspections. This, however, does not force drivers to properly maintain their vehicles in between inspections. Uber drivers should perform preventative maintenance and fix issues as soon as they occur. Simple things, like checking fluids, changing and rotating tires, and replacing brake pads, can be the difference between a safe or dangerous ride. Mechanical failures and tire blowouts can lead to dangerous accidents and injuries for riders, pedestrians, cyclists, and others on the road.

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Seeking Compensation After an Orlando Uber Accident

If you choose to take legal action after you have exhausted your PIP policy, you may potentially recover additional compensation through other policies, such as underinsured motorist coverage. PIP coverage also does not cover the non-economic losses you have incurred due to your Uber accident. Your attorney will devise the best strategy for your case and determine the losses that you might recover from the at-fault parties.

If you reach a settlement or if the court rules in your favor, you may seek rightful compensation for the following losses related to your Uber accident:

  • Medical expenses beyond your PIP coverage, including ambulance and emergency room service, surgery, hospitalization, diagnostic tests, prescription medication, follow-up visits, and travel expenses to and from the doctor
  • Estimated future medical costs when an Uber accident leads to a severe or catastrophic injury requiring full-time care indefinitely
  • Lost wages for missing work as a consequence of the accident, injuries, hospitalization, and recovery
  • Estimated future lost wages when a permanent injury prevents you from returning to your job or seeking any gainful employment in the future
  • Physical pain and suffering
  • Emotional pain and suffering
  • Loss of consortium with a spouse
  • Decreased quality of life
  • Other non-economic losses that might apply to your case

If you have tragically lost a loved one as a result of an Uber accident, you might also receive compensation by filing a wrongful death lawsuit, depending on your relationship with the deceased. Florida law permits eligible family members to take legal action against negligent parties in a wrongful death suit to seek compensation for damages related to the loss of their loved one. Your lawyer can answer questions about your eligibility and advise you on the best path forward for your family.

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Florida Insurance Requirements for Uber Drivers

Florida requires all motorists who register a vehicle to have a minimum of $10,000 in personal injury protection (PIP) coverage and property damage liability (PDL) coverage. In 2018, Florida implemented a new law increasing the minimum coverage for Uber drivers. The exact requirements vary based on whether the driver is signed into the app and whether he or she has riders in the vehicle.

Uber drivers who are signed into the app, but do not have riders, must meet the following insurance minimums in addition to Florida’s PDL and PIP minimum requirements:

  • $50,000 minimum coverage per person for an accident involving death and bodily injury liability (BIL)
  • $100,000 minimum coverage per incident for death and bodily injury liability (BIL)
  • $25,000 minimum property damage liability (PDL) coverage per incident

When Uber drivers have riders in their vehicles, they must have at least $1,000,000 of coverage for each of the above types of insurance. Uber drivers can purchase separate policies but typically do not. Uber provides coverage for all drivers when they are operating their vehicles with riders.

What to Do After an Orlando Uber Accident

If you have been involved in an Orlando Uber accident, we assume that you have been to the doctor and filled out a police report. If you have not done so, you should seek medical treatment as soon as possible and report the accident to your local police department or Florida Highway Patrol immediately. Your medical record and the official police report both serve as valuable evidence in insurance claims and personal injury lawsuits.

Taking the following additional steps will help you get the claims process started so that you can recover losses related to the accident:

  • File an insurance claim under your PIP policy. In most scenarios, you will need to file an insurance claim under your own insurance policy to receive compensation for medical expenses and lost wages related to your Uber accident. If you are injured on a motorcycle or scooter, your PIP coverage likely will not cover you. If you suffered severe injuries, you will quickly meet or exceed your PIP policy limits.
  • Report the accident to Uber. Uber requires drivers to report accidents, but you need to make sure that the driver has complied and that Uber knows about the accident. Plus, you want to provide your side of the story. You can file a report on Uber’s website to ensure that it gets the information it needs. If you have exhausted your PIP policy limits, which only cover 80 percent of medical expenses and disability payments for 60 percent of lost wages, you can step outside of Florida’s no-fault system. This means that you should file a claim with Uber’s insurance company and/or the driver’s separate insurance carrier. You should have this information on the police report if you did not get insurance information at the scene of the accident.
  • Contact an experienced Uber accident attorney at Michael T. Gibson, P.A., Auto Justice Attorney. Uber and its insurance company have large legal teams that will go out of their way to devalue your claim and reduce Uber’s liability. Surprisingly, so you’re your own no-fault insurance company. Consult our experienced Uber accident attorneys. We know how to deal with large companies and will fight to maximize your compensation. Uber drivers provide millions of rides throughout Florida each year. Negligent drivers need to be held accountable to protect others from falling victim to an accident and injuries.

 

Have You Been Injured in an Uber Accident in Orlando?

Call a lawyer at Auto Justice Attorney
Law Firm to discuss your case.

Get A Free Consultation

or, give us a call at (407) 422-4529.

Attorney Michael T. Gibson

Speak to an Orlando Uber Accident Lawyer Today

Severe accidents and injuries can devastate victims and their families. You shouldn’t have to shoulder the financial burden of an Uber accident when the driver was negligent and caused the crash. Contact our skilled Orlando Uber accident lawyers at Michael T. Gibson, P.A., Auto Justice Attorney, online, or call 407-422-4529, for a free case evaluation to discuss your Uber accident and injuries. Our experienced legal team can guide you through the claims and lawsuit process and help you maximize your compensation.

Frequently Asked Questions

Orlando Uber Accident FAQ

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Uber has operated in Orlando and throughout Florida since 2014. Although the rideshare service provides a convenient transportation option for Orlando residents and visitors, it also comes with negligent drivers who cause traffic accidents. If you have sustained injuries in an Orlando Uber accident, you probably feel overwhelmed and have questions about how you should proceed.

If you are unsure about your next steps, you should err on the side of caution and call an attorney for a free consultation as soon as possible after your accident. Until you have the chance to speak with a lawyer, this guide provides answers to frequently asked questions about Uber accidents in Orlando.

Yes, you generally must file a report with the police when you are involved in an automobile accident. The exception to this is Uber riders who are in the car when an accident occurs. As an occupant of the vehicle, riders are not required to report an accident to law enforcement. However, it’s in your best interest to make sure that someone has reported the accident.

The specific reporting requirements for drivers involved in accidents include:

  • Under Florida law, drivers involved in a traffic accident that leads to injury, death, or $500 in property damage must immediately notify the local police, sheriff’s department, or Florida Highway Patrol.
  • Drivers involved in a traffic accident that only leads to property damage must stop and exchange name, vehicle, and insurance information with the other party to avoid getting charged with a misdemeanor.
  • All drivers involved in a traffic accident involving injury, death, or property damage must provide their contact and vehicle information to other involved individuals and law enforcement.
  • When drivers suffer severe injuries and cannot give or receive information, they may report the crash as soon as possible at a later date.
  • When drivers physically cannot file a police report, they can rely on a passenger to file the report. Drivers who are using another person’s car are permitted to let the car owner file the report, as long as the report is filed within 10 days.

Florida does allow drivers to self-report a crash online or by mail if they were involved in a minor fender-bender that had no injuries, no fatalities, and less than $500 in property damage. Regardless, it’s in your best interest to have the police come to the scene of an accident.

You can request a copy of the official traffic crash report from the Florida Department of Highway Safety and Motor Vehicles (FLHSMV). You will need to wait up to one week after the accident to make sure the officer who made the report loads it in the system.

Once available, you can order a copy online for $10 plus a $2 convenience fee. After you finalize your payment, FLHSMV sends you a link to your report. You must download it within 48 hours of receiving the link. If you would rather get your crash report in person, you need to visit the nearest Florida Highway Patrol troop station, fill out a sworn statement, and submit your request with payment.

You should go to the doctor immediately. Sometimes accident victims to feel fine immediately after a crash. Accidents are traumatic events that push adrenaline through your body and mask pain. Also, some injuries do not show symptoms immediately after an accident. In fact, you may only start feeling pain from your injuries days or weeks after your accident.

When you go to the doctor, he or she will examine you for common injuries related to traffic accidents, especially those that you might not immediately feel, like internal damage. Internal injuries are often serious. Something as minor as a broken rib may cause further damage to organs. Additionally, you may experience headaches and stiffness in the neck area from whiplash or traumatic brain injuries.

If you intend on filing an insurance claim or bringing a lawsuit against the Uber driver who caused you harm, you need medical documentation of your injuries. Defense teams will try to devalue injury claims or completely deny liability by arguing that an accident victim did not sustain injuries or suffered injuries at a different time and place. Your medical records are a key piece of evidence to support an insurance claim or lawsuit.

Your first step toward recouping losses after an Uber accident is to file a claim under your own mandatory personal injury protection (PIP) coverage. Florida requires motorists to carry a minimum of $10,000 in PIP coverage when they register their motor vehicles. If your Uber accident was minor, your PIP policy may adequately cover your losses.

If your accident resulted in severe or catastrophic injuries, however, you will quickly exceed your PIP policy limits, especially if you only have the minimum coverage.

In either case, your PIP policy only covers 80 percent of medical expenses and 60 percent of lost wages, and it does not compensate you for non-economic losses, such as pain and suffering or loss of consortium with a spouse. Recouping any economic or non-economic losses beyond your PIP coverage requires filing a claim with the Uber driver’s insurance carrier or with Uber directly.

Personal injury protection (PIP) coverage is not mandatory for bikers in Florida. If you suffered injuries after an Uber driver hit your motorcycle, you may need to file a claim with the driver’s insurance carrier or with Uber’s insurance company to receive compensation to cover losses related to the accident and your injuries.

Uber works with several major insurance companies to provide coverage for drivers who are signed in to the app and transporting riders. In Florida, Progressive Insurance provides coverage for Uber drivers and has for some time.

If you were injured in a traffic accident caused by an Uber driver, you need to report the incident to Uber and file a claim under your own PIP policy. Once you’ve exhausted your PIP coverage, you can file a claim with Progressive to seek further compensation for your injuries. A dedicated Uber accident attorney can help prepare and file all necessary insurance claims on your behalf.

Insurance companies—including your own—sometimes downplay injuries and do not take claimants seriously, so having your lawyer deal with the claims process might be in your best interest. Progressive only allows policyholders to access their online portal to report accidents. If you do not have any insurance through Progressive, you can call 1-800-776-4737 to file your accident claim. However, you’re better off having our car accident lawyers file that claim. We can protect your rights, while the insurance company may try to take advantage of you.

Under Florida law, you must bring a lawsuit against your Uber driver and/or Uber within four years from the date of your injury, which is usually the date of the accident. If you have lost a loved one as a result of a negligent Uber driver, you have two years to file a wrongful death suit against the negligent driver and/or Uber. These time limits are referred to as statutes of limitations, and Florida courts strictly comply with them.

It’s in your best interest to act far more quickly than four years. Waiting will almost always hurt your case. Your car accident lawyer will need time to collect evidence, interview witnesses, gather expert testimony, and review your medical bills.

The vast majority of traffic accident claims, including those involving Uber drivers, settle out of court. Your Orlando Uber accident lawyer will negotiate with the insurance carrier who represents the Uber driver, or Uber’s insurance company (Progressive, as of April 2020), and attempt to reach an agreement that provides you with fair compensation for your accident-related losses.

Sometimes, insurance carriers deny liability, diligently try to reduce the value of your claim, and simply refuse to offer fair compensation. When settlement is not an option, your lawyer will have to advocate for you in court and fight for a verdict in your favor. You will likely have to testify in court if your case goes to trial.

It’s impossible to predict or guarantee a specific financial outcome for an accident settlement or jury verdict. Each situation has different circumstances and underlying facts that help lawyers, insurance companies, and courts place value on a claim. You can expect disagreement about the value of your claim, and typically, the further apart each party’s estimated damages are, the more contentious your claim or lawsuit will be. Regardless of the exact situation, individuals who value your claim will ask common questions to make their determination.

Some examples include:

  • How severe is your injury? Accidents that involve severe or catastrophic injuries are typically valued higher than those in which victims suffered only minor injuries. For example, an Uber accident victim who requires surgery for a brain injury would likely receive a higher settlement than a victim who suffered a moderate concussion.
  • What is the nature of your injury? Some injuries force victims to cope with added challenges that can cause embarrassment and emotional distress. These types of injuries usually result in higher settlements. The nature of the injury might have to do its severity but also location. For example, a person who develops a permanent scar on his or her face from a car accident would likely get a higher settlement than a person with the same size and type of scar on his or her hip or leg.
  • What is your long-term prognosis? Uber accident victims who have made a full recovery or are expected to make a full recovery typically receive less compensation than those who must cope with their injuries for life.
  • How extensive were your economic losses as a result of your accident injuries? Severe injuries are costly for victims and their families. Economic losses are easy to quantify, but they add up quickly. Victims who cannot work, must undergo surgery, and require long periods of hospitalization easily amass tens or hundreds of thousands in economic losses. Rehabilitation costs, expenses for travel to and from the doctor, long-term nursing care, and costs of domestic replacement services are only a few of the expenses that can add to the value of a claim.

Florida law requires Uber to carry $1,000,000 in liability coverage for drivers who are signed in to the app and actively transporting passengers. Even with a high coverage amount, it does not mean that Uber wants to pay a large claim or jury verdict.

One common tactic insurance companies use to avoid a portion of financial responsibility is to offer accident victims a quick settlement soon after the accident. These speedy offers are meant to tempt accident victims to ‘take the money and run’ but rarely fall under the umbrella of full or fair compensation. Accepting a settlement offer typically means that you must waive your right to file a lawsuit.

You should never accept a settlement offer without first consulting our experienced Uber accident attorneys. We can ensure that the insurance company is playing fair and likely negotiate a higher settlement for you.

It’s standard practice for personal injury law firms to offer free consultations to discuss case details and determine legal strategy. If you speak with an attorney, and he or she advises you to take legal action, you generally do not have to pay a retainer or any upfront fees. It’s also standard practice for car accident firms to accept cases on a contingency fee basis, deducting attorney fees from any compensation you receive from a settlement or jury award. In that sense, the other party will pay your attorney’s fees, not you.

A frequent question people ask is, “How can I find the best Uber accident lawyer in Orlando?” Many people come to us through referrals and strong word-of-mouth, all backed by our long-standing history for excellence. Avoid falling for awards from online organizations where recognition is bought. Instead check reviews, read about trajectory of the lawyers, and how long have they been in practicing law.