Did you sustain injuries in an Orlando rideshare accident? Are you struggling to pay the bills and cover your medical expenses while you’re too hurt to work? Whether you were a rideshare passenger or an occupant of another vehicle, you shouldn’t bear the financial burden of an accident that wasn’t your fault. Fortunately, you could have grounds to seek monetary compensation for your losses in a car accident claim.
Michael T. Gibson, P.A., Auto Justice Attorney, provides intelligent and effective legal representation for auto accident victims throughout the Sunshine State. Michael has recovered millions of dollars in fair compensation for his clients and is ready to begin work on your case immediately. Contact the Orlando ride sharing Attorney today for your free initial case review to learn more about seeking compensation for your crash injuries.
Why Choose Michael T. Gibson, P.A.?
When you’re hurt and unable to work after a rideshare accident in Orlando, you deserve compassionate support from a hardworking advocate. Michael T. Gibson, P.A., is here to provide that support. Michael has devoted his entire legal career to standing up for people who need assistance at difficult times. He takes pride in his people-first approach to litigation and has the determination to fight for what’s right.
When you come to Michael T. Gibson, P.A., for help, you can rest assured that your rideshare accident case is in good hands. During your initial consultation session, Michael will get to know you on a personal level so he can understand your goals and provide the answers you need.
When you are ready to discuss your rideshare accident case with an attorney who cares, contact Michael T. Gibson, P.A., for a free case review. Michael can meet with you in person at our office near Lake Baldwin or virtually at your convenience.
How Much Is My Ridesharing Accident Case Worth?
The first thing to know about car accident claims in Orlando is that Florida is a no-fault insurance state. In no-fault states, crash victims must file their initial insurance claims with their insurance providers after a wreck, no matter who was responsible.
You can only step outside of the no-fault insurance system and file a lawsuit against another driver or their insurance company if your crash-related injuries meet certain severity thresholds. However, this restriction does not apply to crash-related property damage. You can always file a property damage claim against an at-fault driver after a Florida car accident.
If you have grounds for a Personal injury lawsuit after an Orlando rideshare accident, you could seek compensation for:
- Hospital bills and medical costs you incur as a result of the accident
- Incidental expenses, such as out-of-pocket costs for medical travel
- Reduced income from any time you miss at work during your recovery
- Projected losses in earning potential, if you suffer permanent impairments
- Subjective losses, such as pain, suffering, and diminished quality of life
Of course, numerous factors can affect the amount of compensation you receive for each of these losses. Some of these factors include the severity of your injuries and your ability to work after the accident. Michael T. Gibson, P.A., can help you estimate your costs and prepare your best possible accident Injury claim accordingly.
How Ride Sharing Can Legally Differ From Taxi Services?
Ride sharing services are similar to taxi services, but there are some important differences. Each rideshare company has an app which users download on their phone to use when they need to request transportation. A prospective passenger uses the app to request the type of service they want and their destination. The app uses the GPS on the user’s phone to locate the user and match them with the nearest available driver. Ridesharing companies do not fall under the same regulatory and licensing requirements that govern traditional taxi companies.
While both taxis and ride-share services create rates depending on time and distance traveled, in most cities, the app calculates your cost upfront, or you may see an estimated fare range. Another difference between rideshare companies and taxis is how they determine the cost of a ride. Taxis take the speed and flow of traffic into consideration. Rideshare services do not, although they do charge surge rates (for times of day or night that have a higher volume of traffic or cars on the road)—especially during rush hours.
Uber and Lyft drivers use their own vehicles and are considered independent contractors, which affects their pay, benefits, and insurance coverage requirements. Their status at the time of an accident also affects the insurance coverage you may receive (if any) through Uber or Lyft’s insurance policy.
Opponents to ride sharing maintain that drivers are not subject to the same rigorous screening as taxi drivers. However, rideshare services do allow both drivers and passengers to rate and review each other for future reference.
Orlando Ridesharing Facts
Ridesharing services like Uber and Lyft have skyrocketed in popularity since their genesis in 2010. This has resulted in billions of ride requests across the globe in just over a decade. These services have been especially popular since arriving in Orlando for many reasons, including our city’s abundance of seasonal visitors, popular attractions, and captivating nightlife.
In theory, ridesharing services should be safe and convenient alternatives to public transportation or pricey taxi services. But recent data suggests ridesharing services might actually make our cities less safe.
An epidemiological study from the Centers for Disease Control and Prevention (CDC) identified a correlation between increases in rideshare trips and increases in injury crashes within a specific time and place. Many of these wrecks reportedly occur near transportation nodes, where rideshare pick-ups and drop-offs occur. Researchers suggest the number of additional injuries from rideshare accidents might actually offset the benefits of rideshare services, such as a reduction in DUI accidents.
In response to the proliferation of rideshare services in Orlando and elsewhere in the Sunshine State, Florida legislators have enacted new laws affecting rideshare companies statewide. Specifically, the new legislation imposes driver background check standards and new insurance requirements for rideshare drivers.
Types and Consequences of Ridesharing Accidents in Orlando
Most rideshare drivers are everyday people with no special training or experience on the road. As a result, many of the most common types of local ridesharing accidents mirror the common types of all other accidents.
For instance, many Orlando rideshare accidents are:
- Head-on car accidents
- Sideswipe car accidents
- T-bone car accidents
- Read-end car accidents
- Angle-impact car accidents
- Single-vehicle accidents
- Multi-car pile-up accidents
- Rollover car accidents
- Distracted driving accidents
- DUI and DWI accidents
- Speeding car accidents
- Reckless driving accidents
- Failure to yield accidents
- Improper turn accidents
- Defective car parts accidents
When rideshare drivers or other road users fail to behave safely or courteously, they can cause accidents that result in devastating injuries, such as:
- Head and neck injuries
- Facial and dental injuries
- Traumatic brain injuries (TBIs)
- Back and shoulder injuries
- Spinal cord injuries (SCIs)
- Partial or total paralysis
- Seatbelt and airbag injuries
- Abdominal and internal injuries
- Arm, elbow, wrist, and hand injuries
- Dislocated or broken bones
- Permanent scarring and disfigurement
- Amputation and loss of limb
- Bruises, lacerations, and puncture wounds
- Soft tissue strains, sprains, and tears
- Leg, knee, ankle, and foot injuries
- “Road rash” and other burn injuries
- Emotional and psychological injuries
- Post-traumatic stress disorder (PTSD)
- Fatal injuries and wrongful death
Filing a rideshare accident insurance claim differs substantially from filing a standard car wreck claim. This is because rideshare drivers operate on behalf of large corporations. Rideshare corporations are liable for their drivers’ actions in some circumstances, even though they classify drivers as independent contractors. Due to this unusual interplay of liability, the insurance policies that apply to a given accident vary considerably in different ridesharing scenarios.
Let’s take a look at the types and amounts of insurance coverage available for various rideshare accident scenarios in Orlando:
- Accidents involving drivers actively transporting passengers. Rideshare drivers are “on duty” when they carry passengers who book their rides via app. In accidents involving on-duty rideshare drivers, the rideshare company’s full $1 million liability insurance policy is available to both rideshare passengers and occupants of other vehicles who get hurt in the crash.
- Accidents involving drivers en route to pick up confirmed fares. Rideshare drivers are also “on duty” when they are traveling to pick up a confirmed rideshare passenger who booked their trip via app. The rideshare company’s full $1 million liability policy also applies to accidents involving on-duty drivers with active rideshare requests on the app, whether or not a passenger is present.
- Accidents involving drivers waiting on ride requests. When rideshare drivers have logged into rideshare apps and are waiting on ride requests, they are not “on duty” but are still providing a service on behalf of the rideshare companies. So, in accidents involving these drivers, more limited amounts of liability coverage are available. Specifically, rideshare companies must provide up to $100,000 in bodily injury liability coverage and $25,000 in property damage coverage for crashes involving these limited-duty drivers.
- Accidents involving off-duty drivers not logged into rideshare apps. When rideshare drivers aren’t logged into rideshare apps, they aren’t legally operating on behalf of rideshare companies, so enhanced rideshare liability coverage does not apply. In an accident involving an off-duty rideshare driver, the only insurance coverage available would come from the driver’s individual policy.
Every rideshare accident case is different, and the insurance laws surrounding them are complex. It’s best to bring your case to a knowledgeable local attorney. When you work with Michael T. Gibson, P.A., he can help you determine how Florida law applies to your situation, identify all possible sources of compensation, and pursue maximum value for your settlement.
What to Do if You Get Hurt in a Ridesharing Accident?
Getting hurt in a rideshare accident is a nasty shock. Many users make ride requests specifically to lower their risk of accidents, only to suffer unpleasant surprises when their rides aren’t so safe.
If you’re still reeling and unsure of what to do after a rideshare crash in Orlando, consider the following steps you can take to protect your well-being and legal rights:
- You should have already visited your doctor, but if you haven’t, go as soon as possible. You will need a formal diagnosis for your crash injuries when you file a claim, and obtaining treatment will show the insurance company that you are taking your recovery seriously.
- Follow your doctor’s care plan as closely as possible to support your body’s natural ability to heal. Take medications as prescribed, attend all follow-up appointments, and tell your doctor whenever you notice your symptoms change.
- Document your recovery journey in a “pain journal.” Record how you’re feeling on a regular basis, even if it’s just a numerical rating of how you feel on a scale from one to ten. Routine entries in a pain journal can support your claim for subjective losses, like pain and suffering.
- Gather as much evidence as possible from the accident, including photos of the wreckage, the rideshare driver’s contact and insurance details, and statements from any witnesses who saw the collision occur. Collect medical bills, repair estimates, proof of lost income, and other documentation of the crash, too.
- Watch what you say to the insurance company or other parties before you have the chance to discuss your case with a lawyer. They might try to lock you into an unfavorable version of events or imply that you are somehow at fault. Avoid posting information or photos online while your claim is pending, too, as anyone could take your statements out of context and use them against you.
- Contact a knowledgeable rideshare accident lawyer in Orlando as soon as possible. Your attorney can help you understand your options, communicate with other parties on your behalf, and handle the legal aspects of your claim while you focus on your recovery.
Here are some straightforward answers to the questions our firm receives most frequently about rideshare accidents in Orlando:
Who Pays My Medical Expenses if I’m Hurt as a Ridesharing Passenger?
If you book a ride request through Uber, Lyft, or some other rideshare app, the legally-mandated $1 million in liability insurance coverage applies during your entire trip. When you file an injury claim after a rideshare accident in Orlando, the rideshare company should cover your medical expenses fully as long as the accident happened while the ride request was active on the rideshare app.
What Happens if I’m Partially at Fault for the Crash?
Florida’s pure comparative negligence doctrine applies when multiple parties are at fault in a rideshare accident. Under this doctrine, you can still file a claim against another party even if you share fault for an accident. Always work with an attorney if the other side implies you were to blame.
Florida law gives you four years from the date when the accident occurred to file a lawsuit against an at-fault party. If you try to file after the four-year deadline, the court will likely dismiss your case, and you could lose your right to demand fair compensation for your losses.
If you have questions or wish to review your case with an Orlando Personal accident attorney, contact us the auto justice attorney, Michael T. Gibson, P.A., right away at (407) 490-1271. Our firm’s empathetic team is waiting to listen to your story and provide the guidance you need during your free initial consultation session. Contact Now .
Michael T. Gibson, P.A., Auto Justice Attorney
2420 S. Lakemont Avenue
Suite 150
Orlando, FL 32814
Phone: 407-422-4529
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“My attorney Amit was absolutely amazing. Once the case got to him he called me on a regular basis and kept me posted on every action they were taking. Not that I want to be another accident but if I do I know who’s taking care of me.” -Heather B.
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