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Rideshare services like Uber offer both residents and visitors of Fort Myers the opportunity to get around with ease. However, rideshare vehicles are just as vulnerable to accidents as the average car. Whether you’re on Cleveland Avenue or traveling down I-75, an Uber accident can result in serious injuries and losses. A Fort Myers Uber accident lawyer can help you understand your rights, identify liable parties, and secure the compensation you’re owed.
The Caldarone Law Group, P.A. advocates for individuals who have been hurt by the negligence of others in Fort Myers and across Southwest Florida. Our lead attorney, Justin P. Caldarone, has over 10 years of legal experience and previously worked as an assistant state attorney in Miami-Dade County and as in-house counsel for a major insurance company.
His background in insurance is especially useful in rideshare accident cases, given that multiple parties are often liable in these situations. When you need to file a powerful claim and pursue the damages you deserve, you can count on the team at The Caldarone Law Group, P.A., to help.
Florida Statute § 768.81 addresses comparative fault. This legislation states that when more than one person is responsible for damages, they may share liability. When liability is split, the statute allows for damages to be divided by each party’s percentage of fault. Under most negligence claims covered by the statute, a claimant who is 50% or less at fault can pursue damages, and their compensation can be diminished by their amount of fault.
The damages a person can recover after an Uber accident in Fort Myers depend on the injuries and financial losses they suffered. A victim has the legal right to file a claim for damages, including current medical bills and expected future care. Lost wages might be available if an injury prevents someone from working. In some Uber accident cases, serious impairment can affect a person’s ability to earn a living in the future and can also be accounted for. Depending on the circumstances, other legal matters may involve Medical Malpractice, Workers’ Compensation, or Wrongful Death.
Other damages may be available for property damage and certain noneconomic losses, such as pain and suffering. An experienced Uber accident lawyer from our firm can assess your situation to help you identify responsible parties, calculate the damages you’re owed, and file a powerful legal claim that adheres to state law.
In 2023, the Florida Department of Highway Safety and Motor Vehicles reported that collisions caused 40 fatalities and 3,986 injuries in Collier County alone. Car accidents are incredibly common throughout the state, and when rideshare services are involved, the aftermath can quickly become complicated. Similar risks can arise from a Drunk Driving Accident, Distracted Driving Accident, Commercial Vehicle Accident, Truck Accident, Motorcycle Accident, or Bicycle Accident.
Uber drivers are not inherently responsible for a crash simply because it happened during a rideshare trip. Determining liability is based on who caused the accident, and because Florida follows comparative negligence guidelines, multiple parties may be held liable. This means that any of the following individuals may be held responsible if their negligence was found to play a role in an Uber accident:
Uber drivers often work long hours, drive in new areas they’ve never been to, and check their phones for incoming ride requests and passenger information, all of which can result in an accident if they’re not careful. Additionally, reckless motorists and pedestrians can cause accidents even when your rideshare driver is cautious. Your lawyer can help you understand how fault is determined and who you can file a claim against if you’ve been hurt in an Uber accident. Related claims may involve a Pedestrian Accident, Catastrophic Injury, Spinal Cord Injury, Birth Injury, or Head Injury.
Florida Statute § 627.748 lays out specific insurance requirements for transportation network companies and their drivers. If an Uber driver is logged into the company’s network, but they have not yet accepted a ride, the statute mandates at least $50,000 in bodily injury liability for each person. Legal insurance requirements include $100,000 for each accident and $25,000 in property damage.
The insurance requirements change once the driver accepts a ride request. For a prearranged ride, which starts when the driver accepts the ride and ends when the last passenger exits the vehicle, Florida law requires drivers to have at least $1 million in primary automobile liability coverage for death, bodily injury, and property damage.
The statute also mandates that drivers maintain applicable personal injury protection and uninsured/underinsured motorist coverage. Insurance can be provided by any combination of the driver, vehicle owner, transportation network company, or some mixture of those parties. Uber accident laws make the driver’s rideshare status at the time of the crash important when investigating insurance options after a Fort Myers accident.
Because an Uber passenger has no control over how a vehicle is being operated, they can easily suffer injuries due to the negligence of their driver or others on the road. Based on the direction of impact, some common Uber injuries may include:
If you’re involved in an Uber accident in Fort Myers, it’s important to receive medical care regardless of whether you feel injured at the moment. Medical records can help establish what injuries occurred and can be used as evidence to strengthen your future legal claim. Maintaining records of emergency treatment, follow-up care, physical therapy, prescriptions, and related expenses can also help you calculate losses caused by the accident.
When you need to hire an Uber accident lawyer in Fort Myers, you can count on The Caldarone Law Group, P.A., to advocate for your interests. Determining liability in a rideshare collision often involves examining standard accident evidence along with data on the Uber vehicle’s operational status. Our team has experience investigating crashes, negotiating with insurers, and securing the compensation our clients rightfully deserve.
We advocate for injured people in Fort Myers and throughout Southwest Florida. Contact us to set up your free consultation today.
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