As a top travel destination, Florida sees millions of visitors each year, many of whom rely on rideshare services like Uber for transportation. But what happens if you’re injured in an Uber-related accident while in Florida? Whether you’re a pedestrian, cyclist, passenger, or driver, understanding your rights is crucial. This guide will cover various scenarios—including accidents with Uber vehicles, assaults, and injuries involving Uber Eats drivers—along with steps to take and legal options for both domestic and international visitors.
The Growing Role of Uber and Rideshare Services in Florida
Uber plays a significant role in Florida’s tourism-driven economy. Popular cities like Miami, Orlando, Tampa, and Fort Lauderdale see heavy rideshare activity, especially during major events, conventions, and spring break. According to recent estimates:
- Over 30% of Florida’s residents and tourists use rideshare services regularly.
- Florida ranks among the top five states for rideshare-related accidents due to its large population and tourist influx.
- Miami-Dade County alone reports thousands of rideshare-related traffic incidents annually, many involving injuries to passengers, pedestrians, and cyclists.
Types of Uber-Related Accidents and Injuries
- Pedestrian v. Uber Vehicle
- Pedestrians are vulnerable to accidents involving Uber drivers, especially in high-traffic areas near hotels, airports, or event venues.
- Injuries often include fractures, head trauma, spinal injuries, and even fatal outcomes.
- Bicycle v. Uber Vehicle
- Cyclists face significant risks from distracted or speeding Uber drivers. Collisions can cause serious injuries, such as broken bones, traumatic brain injuries, and internal damage.
- Car Accident with an Uber Driver
- Whether you’re driving your own car or are a passenger in another vehicle, being hit by an Uber driver can lead to disputes over fault and insurance coverage. Common causes include:
- Driver distraction (e.g., using the rideshare app)
- Speeding or reckless driving
- Failure to yield or obey traffic signals
- Whether you’re driving your own car or are a passenger in another vehicle, being hit by an Uber driver can lead to disputes over fault and insurance coverage. Common causes include:
- Injured as a Passenger in an Uber Car
- Passengers injured in an Uber accident may be entitled to compensation through Uber’s insurance policy, regardless of who was at fault. Injuries can include whiplash, broken bones, head injuries, and more.
- Pedestrian v. Uber Eats Driver
- Food delivery drivers are often under pressure to meet deadlines, leading to reckless driving, running red lights, or failing to yield to pedestrians.
- Assaults by Uber Drivers
- Although rare, passengers may face physical assaults by Uber drivers due to inadequate background checks or negligent hiring practices.
- Sexual Harassment or Assault by Uber Drivers
- Some passengers, particularly women, may experience harassment or sexual misconduct during their ride. In these cases, Uber’s liability and the driver’s accountability come into play.
Understanding Uber’s Insurance Coverage
Uber provides insurance coverage under specific circumstances, but determining liability can be complex. Here’s a breakdown of coverage based on the status of the ride:
- When the Uber Driver Is Logged into the App but Has No Passengers:
- Contingent liability coverage applies, covering up to $50,000 per person for bodily injury and $25,000 for property damage.
- When the Uber Driver Is En Route to Pick Up a Passenger or Is Actively Transporting a Passenger:
- Uber’s $1 million liability policy applies to cover passengers, pedestrians, cyclists, and other drivers involved in the accident.
- Uninsured/Underinsured Motorist Coverage:
- Uber provides coverage if the at-fault driver has inadequate or no insurance.
What to Do After an Uber-Related Accident in Florida
If you’re injured in an Uber-related accident, follow these steps to protect your rights and maximize your chances of receiving compensation:
- Call 911 and Seek Medical Attention
- Even if your injuries seem minor, seek medical attention immediately to document the injury and ensure proper treatment.
- Report the Accident
- Notify the police and make sure an accident report is filed.
- Report the incident to Uber through the app or their website.
- Gather Evidence
- Take photos of the accident scene, vehicles involved, and any visible injuries.
- Collect contact information for witnesses and other drivers.
- Save Medical Records and Expenses
- Keep records of all medical treatments, doctor’s visits, and expenses related to the accident.
- Consult an Attorney
- An experienced personal injury attorney can help you navigate Uber’s complex insurance policies and negotiate a fair settlement.
Common Injuries in Uber-Related Accidents
- Whiplash and neck injuries
- Fractures and broken bones
- Traumatic brain injuries (TBIs)
- Internal injuries
- Spinal cord injuries
- Cuts, bruises, and lacerations
- Emotional trauma (particularly in cases of assault or harassment)
Florida Laws and Liability for Uber Accidents
Florida operates under a comparative negligence system, meaning that fault can be shared between multiple parties. If you are partially at fault for the accident, your compensation may be reduced accordingly. However, even if you share some responsibility, you can still recover damages.
Florida also requires personal injury protection (PIP) coverage for vehicle-related injuries. However, PIP typically only covers 80% of medical expenses and 60% of lost wages, which may not be enough for serious injuries. This is why pursuing a claim through Uber’s insurance or filing a personal injury lawsuit may be necessary.
What International Visitors Should Know About Uber Accidents in Florida
If you’re an international visitor injured in an Uber accident in Florida, you have the right to seek compensation under Florida law, just like domestic tourists. However, you may face unique challenges, such as returning home before your case is resolved or dealing with unfamiliar legal systems.
Key Tips for International Visitors:
- Seek Medical Care Immediately: Medical documentation will be crucial when filing a claim.
- Retain Travel and Medical Insurance Records: If you have travel insurance, it may cover some medical expenses, but Uber’s insurance could provide additional compensation.
- Consult a Florida-Based Attorney: Local legal representation is essential to handle your case, especially if you’ve returned to your home country.
- Act Quickly: Florida’s statute of limitations for personal injury claims is generally 2 years, so don’t delay.
Compensation You May Be Entitled to Receive
- Medical expenses (including future medical care)
- Lost income or wages (if you miss work due to the injury)
- Pain and suffering
- Emotional distress (especially in cases of assault or harassment)
- Property damage (e.g., damage to a bicycle or vehicle)
Statistics on Rideshare and Uber Accidents
- A study by the University of Chicago linked the rise of rideshare services to a 2-3% increase in traffic fatalities.
- Miami-Dade County alone has seen a steady increase in rideshare-related accidents year-over-year.
- Assault-related complaints against rideshare drivers, including Uber, have risen, with Uber reporting over 3,000 sexual assaults in one recent annual safety report across the U.S.
Why Choose Wolfson & Leon for Your Uber Accident Case?
At Wolfson & Leon, we understand the complexities of rideshare accident cases and the unique challenges faced by domestic and international visitors. Our team will fight to secure maximum compensation for your injuries, whether through Uber’s insurance policy or by holding negligent parties accountable.
Call us today at 305-285-1115 for a free consultation. We’ll evaluate your case, guide you through the legal process, and help you recover the compensation you deserve.
Getting injured during your trip to Florida doesn’t have to leave you overwhelmed. Contact Wolfson & Leon to protect your rights and get the compensation you need to recover fully.