What Happens When a Pedestrian Is Struck by an Uber Driver?
In recent years ride-sharing services like Uber have become incredibly popular in Florida amongst those who don’t own a car, have a license, or choose not to drive. Interestingly in the United States alone, Uber has approximately 1 million drivers registered with their service. As this service has become more popular, there has been an increase in Uber-related accidents, including pedestrians being struck by an Uber Driver. However, not much is known about the laws surrounding Uber accidents, as legal regulations surrounding this type of service are still being developed.
That’s why you need to consider hiring a Boca Raton attorney, as they have an infinitely better understanding of the laws involved with Uber accidents in Florida. At Demand The Limits Personal Injury Attorneys, we can help you understand what happens when an Uber driver has struck a pedestrian.
We have experience gaining our client’s compensation after they have been involved in an Uber-related accident as a pedestrian. Should you like to learn more about if a pedestrian sues an Uber driver or the Uber company and the different circumstances surrounding liability, continue reading.
Is It Possible For A Pedestrian To Sue When Hit By An Uber Driver?
A pedestrian cannot usually sue Uber itself in Florida because Uber classifies its drivers as independent contractors. In this state, there are various rideshare laws in place, but the accident liability laws don’t change with regard to determining how accident losses are covered.
This means that if an Uber driver is responsible for hitting you with their car and you sustain injuries, it is up to you to prove that the Uber driver was at fault. You will need to be able to show the severity of your injuries and that the Uber driver was negligent.
When you file a claim with an attorney against an Uber driver, your claim will be with the driver, similar to how any other car accident case is handled according to Florida law. Yet, if your injuries are severe enough, in some instances, you can bypass Florida’s no-fault system to bring a claim for full compensation against the company Uber.
When Is Uber Liable For Your Accident: The Three Periods
Proving that the company Uber is liable for your pedestrian accident can be incredibly complex. To file a claim against Uber, you will need to file a claim with the Uber driver’s personal auto insurance company first. The insurance will need to reject your claim for you to be able to take the next steps in filing a claim against Uber. At this point, Uber’s policy will kick in, and they will evaluate the three periods to determine if they will take responsibility for the accident and to what extent.
Period One: Uber Application On But No Passenger
When an Uber driver has the application open but is not actually transporting a passenger, this does not mean they are necessarily participating in active work duty. If a pedestrian is hit during this period, Uber will only cover the liability. This means that they will not cover the driver’s injuries, pedestrians’ injuries, and property damages.
Period Two: Uber Driver Enroute To Fetch Passenger
In theory, if a driver is on their way to fetch a passenger, they are covered by Uber’s insurance. Yet, if the ride is canceled along the way an accident occurs, Uber won’t cover the costs associated with the accident. According to them, a canceled ride places the driver back into category one as they were technically not working.
Period Three: Uber Driver Driving With Passenger
It is only guaranteed that Uber would be liable for a pedestrian’s injuries and damages when an Uber driver has accepted a ride and is transporting a passenger to their destination.
Contact A Boca Raton Accident Attorney Today To Discuss Your Uber Related Lawsuit
Before you initiate a personal injury lawsuit against an Uber driver or the company itself, you should discuss your pedestrian case with a qualified Boca Raton attorney. An attorney can assist you with navigating the complex laws surrounding Uber driving accidents.
Should you have suffered injuries as a pedestrian due to an Uber driver’s negligence, consider hiring one of our qualified attorneys at Demand The Limits. We understand the latest developments in Uber cases and can apply our knowledge to your claim. Get in contact with us today for a consultation.