Miami Uber Accident Lawyer

Injured in a Lyft / Uber Car Accident?
Attorney Michael D. Beharry, Esq.
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Miami Uber Accident Lawyer Serving ALL Injured Victims of Both Uber & Lyft Accidents

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At the Beharry Law Firm, our Uber Accident Lawyer understands how devastating an Uber or Lyft accident can be for those involved. We have successfully represented injured victims in Miami and throughout South Florida in their pursuit for justice after an injury caused by an Uber or Lyft driver. We are dedicated to providing you with the legal representation you deserve if you have been injured in an Uber/Lyft car accident.

We understand that due to these types of collisions, victims may suffer from physical injuries, emotional trauma, lost wages, medical expenses, and other damages resulting from their collision. Our team will vigorously fight on your behalf to ensure that you receive fair compensation for all of your losses.

Facts About Ridesharing In Miami, Florida

Uber and Lyft have made ridesharing a part of everyday life in Miami, the United States and around the globe. They promise convenience and a great way to get around. They promise drivers that they will work wherever they want to . . . when they want while allowing riders to hail a car anywhere they like with just a few taps on their phones.

This allows riders to enjoy the following ridesharing benefits:

  • Alternative to traditional taxis
  • Present payment options
  • They don't have to wait in the rain for a ride
  • Carpooling and other sharing options

These companies promote their services as safe, particularly for those who have been drinking or planning to drink. However, skeptics point out that ride-sharing may lead to more drinking among riders.  An experienced uber accident lawyer will tell you that ride-share accidents can and do occur.

However, data shows that Lyft and Uber have half the number of fatalities than the national average. This is due to the fact that rideshare trips are shorter and take place in areas with lower speed limits.

Ride-sharing in Florida Is Not Without Risks

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Ridesharing has its benefits but there are risks. Before hailing a rideshare, it is important to understand the risks and consult an Uber accident lawyer in case you are hurt in a car accident involving a Lyft or Uber driven vehicle.

Companies don't appear to have a limit on the time drivers can spend behind a wheel over a week or day. This increases the chance that distracted or fatigued drivers may push their personal limits and cause an uber accident.

Uber and Lyft are not allowing nationwide fingerprinting of drivers. Advocates say this would allow for deeper background checks on potential drivers. This includes driving and criminal records being checked not only in Florida but all across the country.

Florida drivers have been accused of raping and assaulting passengers. This has prompted calls for more thorough reviews of potential drivers before they can start using the app. This is in addition to the accusations of theft against passengers.

These allegations continue to raise questions about the responsibility of rideshare companies for monitoring and vetting drivers as well as their liability when drivers cause injuries or commit crimes.

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Although Lyft and Uber accidents are often focused on the victims of collisions, pedestrians and bicyclists can be at risk from these crashes. Bicycle and pedestrian accidents can cause serious, even fatal injuries because there is not much protection for people other than cars.

Because of their ability to distract themselves behind the wheel, an uber driver poses a risk to bikers and pedestrians. Uber is used to interact with drivers and passengers. This can distract from the road and make it difficult to see people on two wheels or on their feet.

Bicyclists and pedestrians who are injured in a crash with a rideshare car can seek compensation from the responsible parties. While the negligence standard applies to multi-car accidents, the unique facts of each case may warrant additional investigation. Beharry Law Firm has an uber accident attorney who can help you get the compensation you deserve. Our firm can assist the family members of a victim who has been killed in an uber accident to ensure they are held accountable.

Uber/Lyft Passengers In Florida Have Rights

Car accidents do happen frequently, but they can also be terrifying, stressful, and painful experiences. It is difficult to know what caused them and how.

Rideshare and the insurance company might try to profit from these situations by offering low-ball settlements for pennies on a dollar. Before accepting any offer, it is important that everyone involved in a rideshare accident or other type of car accident seeks the counsel and guidance of an experienced Uber accident lawyer in Miami.

Any person injured in a rideshare crash can seek compensation from the responsible party, be it an Uber driver, rideshare company, another motorist, or a deficient car manufacturer. In order to receive compensation, you will need to be able prove their legal liability.

Passengers have protection and can file a accident claim against any responsible party. Uber can be the responsible party or any other person responsible for causing the car accident. Negligence is a common legal theory used to prove liability in car accident cases. Drivers must operate their vehicles in a safe manner. This includes obeying traffic signs and following the law of the road. Drivers are expected to avoid dangerous behaviors like texting while driving, or operating a vehicle under the influence of drugs and alcohol.

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Drivers who fail to live up to their responsibilities will likely be held responsible for any accidents. Uber drivers are not employees in Florida. However, Uber could be held legally responsible for negligent uber drivers in certain circumstances.

Car manufacturers are legally responsible for making vehicles safe for their intended purpose. They are also required by law to inform owners and lessors of safety hazards and other dangers.

An Uber accident can cause significant emotional and physical injuries to the passengers. Accidents can be stressful and traumatizing. It is important to seek immediate medical attention after an accident. Knowing who was responsible for the accident can help you determine how to recover your financial losses. Uber users who are involved in an accident while using their services should contact an attorney to help them.

Beharry Law Firm has an Uber accident lawyer who can help you understand your rights following a crash. Our personal injury firm can also investigate the collision and determine fault.

Rideshare Accident Statistics in Florida

Ever since ridesharing apps such as Uber and Lyft began operating in the early 2000s, billions of people around the world have used these services. Despite the convenience these rideshare companies offer, they can come with significant dangers including risks associated with traffic accidents. It is estimated that between 2017 and 2019, there were more than 6,500 crashes involving at least one vehicle affiliated with either Uber or Lyft. As of 2022, Uber was worth approximately $55 billion while Lyft was valued at roughly $5.35 billion.

Uber and Lyft may be promising alternatives to driving under the influence or walking, but they may not be as reliable as one might think. Every year, both companies release reports on their involvement in collisions and other incidents. Research by third parties suggests that the number of fatal car accidents since Uber and Lyft's emergence has risen by around 3 percent.

This recent study found that the growing number of rideshare vehicles on roads is correlated with an increase in accidents. Specifically, this resulted in approximately 1,000 car accidents per day. Data from just one year gauges that 97 fatal Uber crashes were reported, resulting in a total of 107 deaths – with 21 percent of these being passengers using the service.

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Rideshare accident data is not easily available for the state of Florida specifically, however studies show that such accidents happen more frequently in major cities due to the higher number of rides. Reports suggest that late night on the weekends, especially between 11:00 PM to midnight, is a peak time for ride requests which can increase the chance of an accident occurring. This appears to be particularly true in cities like Miami which could be prone to a higher number of these accidents.

We Serve ALL Lyft Or Uber Accident Victims Throughout Miami FL

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If you are injured as a passenger in a ride-share vehicle, it is necessary, but often difficult to determine which party(ies) may be liable. In many rideshare accident cases, the Uber or Lyft driver may bear at least some part in responsibility, due to their negligence, possibly related to their speeding, distractions while driving, driving while under the influence, or violations of some traffic laws.

The company that contracts with the ride-share driver could also be partly responsible as a result of their failure to follow or enforce state or local regulations. As an example, if the company did not perform an adequate background check on the driver that has a past filled with DUI convictions, the company would certainly be liable for that accident during which their driver was driving while drunk.

Because Uber and Lyft drivers are considered independent contractors who work for a publicly traded corporation,  this can lead to challenging legal issues when there is a car accident. In that event, Uber passengers and drivers need to understand their rights after an accident. They must also take the necessary steps to receive compensation for their accident injuries, regardless of whether you are the Uber driver, passenger, or a pedestrian. Our Uber Accident Lawyer, here at Beharry Law will ensure that your claims are handled quickly and effectively.

Top Causes of Miami Rideshare Accidents

If you have been involved in a Lyft or Uber accident in Miami, it is important that you understand the most common causes of such accidents. Knowing these causes can help to spread awareness and protect others from similar situations in the future. Furthermore, understanding the cause of your ride share incident can help you determine who is liable for your injuries, making it easier to find our Uber accident lawyer who can represent and support your case.

Below are the most frequent causes of Uber and Lyft accidents in Miami:

Rideshare driver error

Driving for a rideshare service such as Uber of Lyft does not involve any extra, specialized training for the driver. Since rideshare drivers are essentially regular people on the road, they are just like any other motorist and can make errors that could cause an accident. Common driver mistakes involved in a rideshare crash can include distraction driving, texting or drinking while behind the wheel, speeding, running red lights and disobeying other traffic laws.

Third-party driver error

In the case of a motor vehicle accident caused by a third-party driver, the rideshare company will be responsible for covering any damages. If the negligent driver has personal car insurance, their insurer should cover most of these costs. However, if they don't have adequate coverage, the rideshare company will cover any remaining expenses incurred due to the error.

Vehicle equipment breakdowns

If a driver has failed to adhere to regular maintenance on their vehicle, it can lead to a number of breakdowns or malfunctions while in transit. This is an issue that Uber and Lyft do not inspect for, as these companies lack the safety protocols to ensure vehicles are up-to-date on all repairs. Ultimately, this puts passengers at risk and can even be attributed to human error when it comes to negligence on the upkeep of a personal vehicle.

Dangerous road conditions

Poorly maintained roadways in Miami can lead to dangerous conditions that could easily cause rideshare accidents. Some of these hazardous situations include potholes, missing guardrails, poorly designed intersections and malfunctioning traffic lights. The responsibility of ensuring the general upkeep of roads in Miami-Dade County lies with city and state governments; if they fail to do so, negligence claims against them might follow from any related rideshare accident.

Rideshare company negligence

Negligence on the part of rideshare companies such as Uber and Lyft can be held accountable in certain cases. If a company failed to properly vet a driver or failed to take actions that could have avoided a crash, they may be liable for resulting damages. Rideshare companies typically escape liability by classifying drivers as independent contractors rather than employees, so it is important to determine whether negligence at the company level played a role before attempting to seek compensation.

If you’re involved in an Uber or Lyft accident, determining the cause is key to achieving successful financial compensation in Florida. According to the state's fault-based law, the person who is most at fault for causing an automobile accident needs to pay for medical bills and property repairs. Finding out who that may be can be a challenge, which is why it's best to consult our experienced Miami Rideshare Accident Lawyer to undertake a thorough investigation into your Miami rideshare crash.

Common Rideshare Accident Injuries

Being in a rideshare accident in Miami can lead to multiple injuries that require medical attention and care, from physical ones such as paralysis or traumatic brain injury, to psychological trauma. Our uber accident lawyer can work with you to make sure you get the necessary treatment for your injuries and ensure that you receive the compensation you deserve for your full recovery.

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Common injuries suffered in accidents include, but are not limited to:

  • back and spinal cord injuries
  • chest injuries and rib fractures
  • emotional injuries such as post-traumatic stress disorder
  • leg and knee injuries
  • internal wounds
  • neck trauma like whiplash
  • scrapes and cuts along with more severe lacerations
  • bruising
  • severed limbs
  • skull fractures and even traumatic brain injuries
  • wrongful death

After sustaining an injury from an Uber or Lyft accident, there can be significant medical costs. These may include long-term doctor’s appointments, physical therapy, and rehabilitation. Even seemingly minor injuries can cause suffering and be expensive to treat. If you or a loved one have experienced such an incident in Miami, consider reaching out to our Rideshare Accident lawyer for advice on how to proceed.

Insurance Requirements for Uber & Lyft Drivers in Florida

Rideshare insurance requirements in Florida stipulate that rideshare drivers must have up-to-date personal auto insurance coverage for their vehicles. However, it's important to note that personal policies may not provide enough protection if an accident were to take place while the vehicle was being used commercially. In these cases, the personal insurer could deny a claim for damages, leaving the rideshare driver to seek compensation from the associated company instead.

Rideshare companies provide insurance coverage to their drivers for accidents that occur while they are on the job. This extra liability insurance kicks in when a driver is at-fault or the other motorist involved is uninsured. The amount of coverage varies depending on the stage of the ride; for example, during Period 1 (the app is offline), there is less coverage than during Periods 2 and 3 (the driver has accepted a trip).

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Insurance coverage for rideshare drivers varies depending on their status on the app. When logged in and available for hire, both Uber and Lyft provide insurance for any accidents involving their drivers. It is important to note, however, that when a driver is not logged into the app, they must rely on their personal auto insurance policy to cover any liability or injury claims. Seeking legal counsel from an experienced Miami Uber and Lyft accident attorney can ensure that you receive the best outcome when navigating your insurance claim.

How Uber & Lyft Accidents Are Different From Typical Car Accidents

Rideshare services, such as Uber and Lyft, are becoming a popular alternative to conventional taxi or limousine transportation. While rideshare accidents may seem similar to regular car accidents at first glance, they have different legal implications that could make it difficult for injured passengers to understand their rights. It's important to be aware of these differences in order to protect yourself if you get involved in a rideshare accident.

The ways that Uber and Lyft accidents can differ from a typical car accident include:

Third party presence. Ridesharing accidents can be more complex than a standard auto accident, as it involves the presence of a third party. Since Uber and Lyft are involved in this type of crash, any insurance claims must be filed with them as opposed to the at-fault driver. Moreover, the legal outcome of your case may differ from that of a traditional accident.

Negligent Rideshare company. Negligence on the part of the rideshare company could be determined if the company contributed to an accident. This includes situations such as inadequate hiring of the driver, poor training and retention processes or failure to adhere to safety inspection regulations.

Self-driving vehicles. In the event that an accident occurs as a result of malfunction of the technology or software in Uber's self-driving vehicles, the company could be held accountable for bearing financial liability for any damages or injuries caused by the incident.

Rideshare accidents are usually not subject to the idea of vicarious liability, a legal principle that makes an employer legally responsible for an employee's mistakes when they occur while on the job. That’s because companies like Uber and Lyft generally classifies all their drivers as independent contractors rather than employees — meaning they wouldn’t be covered under vicarious liability even if it did apply.

Different from conventional motor vehicle accidents, liability claims in rideshare car accident cases are more complex. The underlying issue is that Uber and Lyft don't bear the same vicarious liability for their drivers as other companies do, which makes it harder to determine who is legally responsible in an accident involving a rideshare car. A good lawyer can help you assess your legal options and maximize the chances you receive a successful outcome following an accident. Our experienced Miami Rideshare accident attorney knows how to work through these complications.

Understanding The Four Periods of a Rideshare Driver

When filing an Uber or Lyft accident claim, it is important to be aware of the four periods of a rideshare driver's journey. Knowing what stage your ride was in when the accident occurred can help you determine how much automobile insurance coverage is available from the ridesharing company. The four stages are period zero(app is off), period one(pre-trip), period two(en route), and period three(post-trip).

Florida law categorizes a rideshare driver’s occupational duties into four periods:

Period zero: This is when app is off, and you're driving the vehicle for personal reasons. During this period, rideshare companies like Uber and Lyft have no insurance responsibilities for any accidents that occur. In cases like this, the driver's personal auto insurance policy should cover any damages or losses that may result from an accident.

Period one. The First Period of Rideshare Driving is an interim period before the Uber or Lyft driver picks up any passengers. During this time, ridesharing companies must provide at least $50,000 in bodily injury and death insurance for every individual, as well as $100,000 per accident. Moreover, $30,000 worth of property damage and $200,000 worth of liability coverage are required for supporters of the driver.

Period two. During this phase of a rideshare service, a driver has accepted a ride and is on their way to pick up the passenger. This period requires ridesharing companies to provide an assurance of at least $1 million in primary commercial insurance coverage. The coverage equips injured Uber accident victims with the ability to lodge a claim against the Uber or Lyft driver’s personal car insurance policy.

Period three. During period 3 of a rideshare trip, the driver takes the passenger to their intended destination. This is when ridesharing companies like Uber and Lyft provide up to $1 million in insurance coverage should an accident occur. Additionally, they must also offer uninsured and underinsured motorist coverage for further protection.

If you have been in an accident involving Uber or Lyft, the Beharry Law Firm can provide a qualified Uber Accident lawyer in Miami FL to help. Our experienced attorney will review your case and investigate the stage of your ride. We can review the insurance coverage from each driver and company involved and take appropriate legal action on your behalf. We can assist with filing insurance claims with any party, ensuring that you receive fair financial compensation for your losses.

Florida Statute of Limitations on Uber & Lyft Accidents

Statutes of limitations are legal time limits put in place by state laws that dictate how long you have to file a claim for an injury caused in an auto accident. In Florida, injured parties are given four years from the date of an accident to file a claim or else it can no longer be pursued. If injuries don't manifest right away, such as with whiplash, those affected by the crash have four years from when symptoms are discovered to make the claim.

In Miami-Dade County, the general rule is that if you end up waiting too long and try to file after the deadline has passed, your case may not be heard by the courts. However, there are exceptions in some cases. This means it is important to act quickly and contact our experienced Rideshare Accident Lawyer as soon as feasibly possible to ensure you do not miss the filing deadline and forfeit your right to financial compensation for your injuries and losses.

Compensation for Uber & Lyft Accidents in Miami-Dade County

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If you have been injured in an Uber/Lyft accident in Miami, Florida law may entitle you to financial compensation. As a victim, claiming maximum compensation is essential, as you should not be held financially responsible for your sustained injuries if they were caused by another party's negligence. You could be eligible for insurance benefits or a court-awarded settlement from the party at fault.

Compensation routinely available for an Uber/Lyft accident that occurred in Miami, FL may include:

  • Past and future medical expenses
  • Loss of wages/income-earning opportunities
  • Any property damage sustained
  • Disability-related needs
  • Physical pain and/or emotional suffering/distress
  • Loss of quality or enjoyment of life
  • Legal fees
  • Travel costs
  • Punitive damages (in some cases)

It is important to seek the help of a Uber Accident Attorney in Miami before accepting a settlement offer from an insurance company as they are notorious for lowering the value of a client's claims. An experienced lawyer will be able to make sure that your claim is correctly evaluated and ensure you get a fair amount for your injuries. The final value of your claim depends on numerous factors such as the severity of your injury and the length of your recovery.

Areas Served

Frequently Asked Questions

Q: Can you claim for Uber accident?

A: If you were involved in an accident while riding in an Uber, you may be entitled to compensation for any medical bills, lost wages, and other damages related to the accident. You can file a claim with the company itself or with your insurance company depending on who is at fault.

Q: How much does Uber pay in settlements?

A: Uber settlements vary depending on the case, but plaintiffs have been known to receive amounts ranging from $500,000 to $1.25 million in personal injury cases involving Uber/Lyft collisions. In cases of minor injuries, the settlement value may be under approximately $15,000.

Q: Should I get a lawyer after an uber car accident in Florida?

A: Yes, it is generally in your best interest to consult a lawyer after being involved in an uber car accident in Florida. A lawyer can assess the full facts of your situation and provide advice on how you should proceed. They may be able to negotiate with insurance companies and help ensure you receive a fair compensation.

Q: How much do personal injury lawyers charge in Florida?

A: Personal injury attorneys in Florida charge on a contingency fee basis, meaning that the lawyer only receives a fee out of the settlement or verdict after successfully representing the client. Contingency fees range from 33.3-40% depending on the stage that the case settles at.

Q: How Can a Rideshare Accident Lawyer Help?

A: Injured Uber accident victims who take on Uber may face a challenge when filing an accident claim. Rideshare companies have a reputation for denying liability and going to great lengths to dispute claims. Even if you were not at fault in the incident, it can be difficult to get the company to provide a fair settlement for your injuries.

If you or someone you care about has been injured in an Uber accident in Miami, it’s wise to consider hiring a skilled and aggressive Miami uber accident attorney from our firm. Experienced uber accident attorneys can help level the playing field and increase your chances of receiving fair compensation for your injuries and losses. Most corporations will likely offer more generous settlement offers if they find out that you have recruited a personal injury firm. This is because they know attorneys have the power to take them to court if they do not treat the case fairly – an outcome they’d like to avoid with improved settlements.

Q: What Does A Typical Ride-share Accident Involve?

A: There are four major types of Uber accidents. The type of Uber accident that you are involved in will greatly impact your ability to seek damages. These are:

    • Scenario 1 - A ridesharing passenger is injured during a ride
    • Scenario 2 - The Uber driver was hurt while picking up, driving or dropping off passengers
    • Scenario 3 - A ridesharing vehicle causes an accident in which a driver of another vehicle is injured.
    • Scenario 4 - Passengers were hurt in a collision with a rideshare car as it was on its way for passengers

The last scenario shows that drivers could be held responsible for negligence if they used ridesharing apps instead of paying attention on the road. What do we know about ridesharing apps? Would a driver be liable for an accident? Or would the ridesharing company pay the bill?  Your Uber accident lawyer will review the evidence surrounding the accident and help you identify all parties.

It is not always easy to determine who is responsible for an accident. It is not always clear who is at fault for an accident. In many cases, there can be multiple parties involved. Law enforcement professionals will assess the Uber accident and help assign fault to the right parties. Call the police immediately if you are an Uber driver who is involved in an accident. You should immediately file a police report and take photos of the vehicle's damage.

Uber passengers who are injured in an accident should seek immediate medical attention. Our rideshare accident lawyer can help you navigate the legal process and assist you with any cost in your Uber accident case.

Q: When Are Uber Drivers (instead of the Company) Liable For The Accident?

A: Independent contractors are those who work as rideshare drivers and are not employees. They are responsible for maintaining their own vehicles and are not covered by an employer's worker’s compensation program. This means that the driver is responsible for their general liability insurance. However, Florida requires rideshare companies provide additional insurance for drivers. There are many policies and coverage options available depending on the severity of the Uber accident.

If it is proven that an Uber driver caused an accident, the rideshare company will likely cover their liability through their insurance policy.

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