What Happens if My Uber Is in an Accident?
In many cities, Uber has become a routine way for people to get around. All they need to do is open an app and a car will magically appear to take them where they need to go. It’s convenient, but it may not be totally safe. An Uber accident is always possible every time you get into a car with the company. And if one does happen, you may be wondering what you need to do to make sure you are covered and you are safe.
Keep reading below to learn more about what to do if your Uber ride is in an accident!
Uber Drivers Are Not Traditional Employees
When you call for a traditional taxi, you’re calling for an employee to use a company vehicle to pick you up. They are usually full members of the company, and the company is responsible for anything that happens during the ride. However, Uber is not a traditional company.
Uber drivers are not considered full employees of the company — they are contractors. Usually, this just means that they face more complex tax requirements and that they can work for another company whenever they want. In a traffic accident though, the situation is different.
Independent contractors generally carry the responsibility for transporting you and your cargo safely. If they get into an accident, they are the ones who need to deal with the paperwork. That doesn’t mean you’re out of luck if your Uber driver gets into an accident, though.
Instead, it actually means you may get benefits from both the company and the driver.
Since They’re Contractors, They’re Responsible — Not Uber
Uber is a complicated company that relies heavily on its brand. Their leaders do not want to risk their reputation getting tarnished, and will pay heavily to make sure people trust them. That can work in your favor if your Uber driver is in a car accident.
They may reach out to you to discuss options for coverage and payments if you’re in an accident. If you file a claim with them, they will likely respond quickly and efficiently to ensure you’re taken care of. At the same time, your driver’s insurance may reach out as well with options for benefits.
As a passenger, you can actually stand to benefit a lot from being in an accident while in an Uber. And the best way to take advantage of the situation is to hire an attorney.
In Flordia, You Generally Cannot Sue Uber
Generally in Florida, you cannot sue Uber if you are in an accident. The state sees the company as a mere brand, not an actual company responsible for the safety of passengers and drivers. Their only service is connecting people with contracted drivers, not actually driving people around.
This means people cannot sue them in Florida, even if they are in an accident. It simply isn’t in their purview to make sure people get places safely, according to Florida state law. The company will still probably try to make sure you are taken care of though ‚ they have liability coverage for these situations.
You can sue the driver though if you can prove that they acted negligently. If they were texting while driving, drinking, or being irresponsible — they put your safety at risk. And for that, you can sue them for damages.
Things Are Changing Across the U.S.
Although you may not be able to sue Uber directly in Florida, attitudes are shifting across the country. There are more movements to hold Uber and similar companies responsible for their drivers. People are starting to argue that Uber’s practices of hiring contractors are unfair and illegal.
Mostly, lawsuits and legislation have been proposed in California to hold the company more accountable. Some other states are also trying to make ridesharing companies more accountable, such as New York. However, there has not been federal action about the issues yet.
So, for the time being, if your Uber driver is in a crash you will need to work with them instead of the company.
Uber Has Certain Insurance Requirements
Luckily, Uber requires all of its drivers to have a certain amount of insurance in case they get into an accident. This usually extends past typical liability and comprehensive insurance. Companies have even begun crafting policies that cover ridesharing, ensuring passengers are covered.
These usually cover damages to your health and your property. For example, if you need to see a doctor after an accident, the driver’s ridesharing insurance will typically cover it. They usually also cover damage to personal property like phones and laptops.
Drivers can pay top-dollar for these kinds of insurance plans, and for good reason. They are typically extensive and cover almost any possibility. It does mean that you need to find out what insurance company your driver has, though.
You’ll be working with the insurance company mostly as the claim is processed, instead of Uber. They legally represent the driver, and so you may not even talk to the driver again.
Insurance Coverage Can Vary By State
Florida is a unique state with a “no-fault” car insurance statute. This means that drivers must have personal injury and liability insurance, regardless of whether they work with Uber or not. With this statute, the first $10,000 of your claim must be handled by the insurance company.
At the very least, this means you can expect some kind of help if you are involved in an auto accident with your Uber. However, it can be more or less depending on your state. In some states, drivers may not be required to have as much insurance.
If you’re a passenger though, you can still be almost totally covered since both the driver and the company want to make sure you’re safe. Otherwise, they risk severe legal and marketing consequences.
Do Not Wait to File a Claim If You’re a Passenger
The most important thing to remember if you are in a car accident while riding an Uber is not to wait. First, contact 911 to file and police report and get medical attention. Then, file a claim with your driver’s insurance company.
Acting quickly will make sure you get coverage as soon as possible and will pressure the companies to respond quickly too.
An Uber Accident Is a Serious Issue
If you are in an Uber accident, then it is an uber-big issue. First, you need to make sure you are uninjured and get medical attention if you are. Then, you need to reach out to an attorney to help you with all the legal trouble that will come.
By getting an attorney, you can maximize the payout from being in an accident while riding with Uber. And for that, we’re here. Just reach out to us and we will make sure you get the money you deserve!
CONTACT A TAMPA AUTO ACCIDENT ATTORNEY
In short, after a car accident, you may not know your rights. Above all, don’t struggle through the process alone. Actually, our personal injury team is here to help you with any legal needs you might have regarding your accident.
Lastly, let RHINO Lawyers answer your questions and review the facts of your case with a Free Consultation. So, get started by completing the “Free Instant Case Evaluation” or by calling us any time, day or night, at 844.329.3491.
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How to File an Auto Accident Lawsuit
About 6 million car accidents occur in the US every year. Not every case goes to court, though. If you want to fight for compensation, you’ll need to file an auto accident lawsuit.
Here are the six steps you’ll need to take when filing an auto accident lawsuit. Completing these steps will help you fight for the compensation you deserve. Then, you can cover your losses without stress.
Otherwise, you’ll have to cover your medical bills, property damage, and lost wages out of pocket.
Don’t let it come to that! Instead, learn how to file a lawsuit after a motor accident with these tips today.
1. Find aN AUTO ACCIDENT Lawyer
Before learning how to file an auto accident lawsuit alone, consider consulting a lawyer. An experienced lawyer will help you review your legal options. They can help you make a more informed choice moving forward.
Hiring a lawyer will also help you avoid making costly mistakes. One small filing error could get your lawsuit thrown out.
You could waste valuable time or miss out on winning the compensation you deserve as a result.
Instead, look for an experienced auto accident attorney. There are over 135,000 personal injury lawyers in the US. Not every lawyer focuses on car accident cases, though.
Take the time to find someone who focuses on auto accidents similar to yours. For example, maybe your crash involved a bike or motorcycle. Perhaps it involved a four-way intersection.
Consider the special circumstances of your case and find a car accident lawyer with similar experience.
Check your local bar association website or Martindale-Hubbel directory to start your search. Make sure they’re licensed to practice in the area. Some laws can vary based on where you’re located.
Then, schedule a consultation appointment. Cover the basics of your case. Ask them what outcome they expect.
Choose a lawyer who is honest and transparent. If they make guarantees, scratch them off your list.
Instead, find a lawyer who will fight with your best interests in mind.
Take the time to gather references and reviews from their previous clients, too. Speaking with their previous clients will help you learn more about the lawyer’s abilities. Make sure they’re capable of accomplishing your goals.
Once you find an experienced lawyer, you can file your lawsuit without encountering problems along the way.
2. File a Complaint
As the plaintiff, you’ll need to file a complaint with the court. It’s also called a petition in certain states. The complaint is a document with numbered paragraphs that outlines:
- What happened on the day of the car accident
- The claimed damages
- Your legal basis for bringing the lawsuit
Once you’ve filed the complaint, the lawsuit will officially begin.
Make sure to speak with your lawyer before filing a complaint. They’ll make sure there aren’t any issues. Otherwise, the complaint could get thrown out before your case has even started.
3. Serve the Complaint
Once you’ve filed the complaint, your lawyer will serve the complaint on the defendant. The defendant needs to receive notice that they’re the subject of a legal proceeding.
Car accident lawsuits are civil matters (not criminal). You’ll still need to give the defendant notice to allow them the opportunity to mount a legal defense.
Informing the defendant that you’re filing a lawsuit means serving them a copy of a complaint. This process is also called a summons.
It’s important to note that there are special rules involved regarding:
- Who can serve the complaint
- When to serve the complaint
- How the complaint is served
Rules can vary based on jurisdiction, too. In most cases, the plaintiff has 30 days to serve the defendant. If the defendant is difficult to track down, the deadline can get extended.
4. The Defendant Answers
Once the defendant receives the summons, they have the chance to respond to the complaint. They can either admit or deny the factual allegations outlined within the complaint.
Their answer also gives the defendant a chance to set forth their legal defense.
5. Discovery
Once the defendant answers the summons, discovery can begin.
Discovery is a process that allows both parties to exchange information relevant to the case. It’s an opportunity to uncover evidence that can support the claim.
Each side gets the chance to gather the information they need to plan their side of the case. Your lawyer can gather evidence and build their argument.
The discovery process can also involve interrogatories, which are written questions. Your lawyer can also request the production of documents. They might require depositions (oral statements made under oath) as well.
6. Trial
After the discovery process is complete, the trial can begin.
Each side will use the information they gathered to present a case in court.
A trial starts with both sides making their opening statements. Then, the plaintiff will present their evidence. This evidence can include both oral testimonies and documents.
The defendant will then cross-examine the plaintiff’s witnesses. Then, the defendant can present their defense.
Afterward, the plaintiff will get the chance to cross-examine the defendant’s witnesses as well.
Finally, both parties will make their closing statements.
After the closing statements, the jury will deliberate and reach a verdict. If it’s a bench trial, the judge will deliberate alone. Either the judge or jury will find a verdict either in favor of the plaintiff or the defendant.
Then, they’ll enter a judgment. If the judgment is in favor of the plaintiff, the defendant will need to pay damages in a certain dollar amount.
When filing an auto accident lawsuit, it’s important to note that there are sometimes additional steps involved. For example, the lawyers might file motions or appeals.
Since lawsuits are time-consuming and costly, most cases settle before the lawsuit is filed.
You can consult your lawyer to determine the best course of action for your case.
How to File an Auto Accident Lawsuit: 6 Essential Steps
Learning how to file an auto accident lawsuit doesn’t have to feel stressful. Instead, take the time to consult a car accident lawyer. They can lead you every step of the way.
With their help, you can fight for the compensation you’re due.
Want to discuss your case with a team of lawyers you can trust? We’re here to help.
Request a free case review today to get started.
CONTACT A TAMPA AUTO ACCIDENT ATTORNEY
In short, after a car accident, you may not know your rights. Above all, don’t struggle through the process alone. Actually, our personal injury team is here to help you with any legal needs you might have regarding your accident.
Lastly, let RHINO Lawyers answer your questions and review the facts of your case with a Free Consultation. So, get started by completing the “Free Instant Case Evaluation” or by calling us any time, day or night, at 844.329.3491.
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Neurological Issues From a Car Accident
One of the most common ways that people get traumatic brain injuries is from motor vehicle accidents, according to the CDC. These injuries can lead to both short and long-term health problems and can range from mild to severe. Traumatic brain injuries aren’t the only kind of neurological issues that can result from a traffic accident, though.
If you’ve recently been in an accident and you’re experiencing neurological symptoms, it’s important to visit a doctor. Brain and nerve injuries are very serious, and a doctor can help you navigate the steps to healing.
Are you wondering what neurological issues can result from a car accident? Let’s take a look at what you need to know.
Neurological Issues That Can Result From Car Accidents
When we think of getting into an auto accident, we often think of the physical impact that can have on us. Whether it means getting bruised up or more seriously injured, we don’t typically think about the way a car accident can impact your brain function.
However, your neurological function can definitely be affected by such an intense and shocking event like a car accident. For this reason, it’s always a good idea to go to a physician after even a small accident. Additionally, you should pay extra attention to how you are feeling and keep an eye out for the symptoms we’ll discuss below.
Traumatic Brain Injury
The most commonly diagnosed neurological issue when people get in car accidents is a traumatic brain injury (TBI). These are serious injuries that require prompt medical attention.
Neuropathy
Neuropathy is another common disorder resulting from car accidents or motorcycle accidents. This occurs when nerves are stretched, compressed, crushed, or severed. This can leave you with feelings of weakness, numbness, prickling sensations, and tingling.
Radiculopathy
When you pinch a nerve root in the spinal column, a range of symptoms referred to as radiculopathy occurs. This injury can also result from a traffic accident.
How Can a Car Accident Impact Neurological Function?
There are many different types of neurological disorders that can result from physical trauma. They are most commonly associated with injuries to the spinal cord or head. Even if you don’t think you were injured in an accident, the force of the accident alone can impact your nerves and the tissue that surrounds them.
What Are the Symptoms of Traumatic Brain Injury?
When a person’s head or body receives a violent blow or is forcefully jolted, a traumatic brain injury can occur. They can also be caused by an object going through brain tissue, such as a shattered piece of the skull or a bullet.
A person who receives a mild TMI might only experience a temporary effect on their brain cells. TBIs that are more serious can result in bleeding, torn tissues, bruising, and other types of brain damage. This type of injury can lead to long-lasting complications or even death.
There is a wide range of psychological and physical effects that can result from a traumatic brain injury. Some of these symptoms or signs might not appear for days or weeks, while others might show up immediately following the event.
Signs and Symptoms of a Mild Traumatic Brain Injury
People can experience physical, sensory, and cognitive/behavioral symptoms when they have a mild traumatic brain injury. Some of the physical symptoms a person might experience include:
- Nausea or vomiting
- Problems with speech
- Headache
- Loss of balance or dizziness
- Drowsiness or fatigue
Some of the sensory symptoms they might experience include:
- Sensitivity to sound or light
- Sensory problems such as ringing in the ears, blurred vision, change in the ability to smell, or a bad taste in the mouth
Some of the cognitive, mental, or behavioral symptoms they might experience include:
- A state of being confused, disoriented and dazed even though they didn’t lose consciousness
- Loss of consciousness for between several seconds or minutes
- Mood swings or mood changes
- Difficulty sleeping
- Feeling anxious or depressed
- Concentration or memory problems
- Sleeping more than usual
As mentioned above, it can sometimes take weeks for symptoms to arise after a car accident.
Signs and Symptoms of Moderate to Severe Traumatic Brain Injuries
A person who has a moderate to severe traumatic brain injury can experience any of the symptoms mentioned above for mild injuries. They also might experience some of the following symptoms.
Moderate to severe TBIs can lead to these physical symptoms:
- Persistent headache or a worsening headache
- Loss of consciousness for between several minutes to several hours
- Convulsions or seizures
- Nausea or repeated vomiting
- Inability to wake up once asleep
- Dilation of both pupils or just one
- Numbness or weakness in toes and fingers
- Clear fluids draining from the ears or nose
- Loss of coordination
Some of the mental symptoms of a moderate to severe TBI include:
- Slurred speech
- Profound confusion
- Disorders of consciousness such as coma
- Combativeness, agitation, or other unusual behavior
It’s important to understand that a mild traumatic brain injury is still a serious injury, just as more moderate or severe injuries are. These are simply terms that describe the way brain function is impacted by the injury. Any type of TBI requires prompt medical attention.
Are You Looking For a Car Accident Attorney?
If you’ve been left with neurological issues after a car accident that was caused by someone else’s negligence, you shouldn’t have to carry the weight of that all on your own. When you hire an experienced traffic accident lawyer, you can get the compensation you deserve.
Are you looking for a lawyer to help represent you after an auto accident? If so, contact us today!
CONTACT A TAMPA AUTO ACCIDENT ATTORNEY
In short, after a car accident, you may not know your rights. Above all, don’t struggle through the process alone. Actually, our personal injury team is here to help you with any legal needs you might have regarding your accident.
Lastly, let RHINO Lawyers answer your questions and review the facts of your case with a Free Consultation. So, get started by completing the “Free Instant Case Evaluation” or by calling us any time, day or night, at 844.329.3491.
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What to Do After a Fatal Auto Accident
Every year in America, there are more than six million car accidents. These can result in personal injuries, property damage, and criminal convictions. Knowing what to do after a car accident is essential if you want to avoid being held responsible for it. This is especially true if you have been involved in a fatal auto accident, and these are more common than you might think. Each year, 38,000 people die in American auto accidents.
If you have been involved in a fatal car accident, this is understandably very shocking and can be difficult to process. So what should you do next?
Read on to find out everything you need to do if you have been involved in a fatal car accident.
Do Not Leave the Scene of the Crash
Whether you have been involved in a car or motorcycle accident, you should never leave the scene of the crash unless you absolutely have to.
For example, you can leave if you have injuries that require immediate medical attention. A paramedic on the scene may make this call on your behalf.
In that case, you should alert the authorities to where you are going. One of them may accompany you to the hospital.
In any other circumstances, you must stay at the scene of a motor accident. This demonstrates that you are willing to comply with an investigation into it, which leads us to our next point.
Present Yourself to the Authorities at the Scene
Someone needs to phone 911 to bring the police and other emergency services down to the site of the car accident. This ensures the safety of everyone involved in the accident and any other road users.
You can phone the emergency services yourself, or another driver or passerby may take charge of it. Whether or not you make the call, you should make yourself known to the authorities when they arrive. They will ask for your name, driver’s license, and contact details.
However, while it is important to comply, do not discuss the crash in any detail with them. If they are going to ask you about this, they should do this later with a lawyer present.
It is also a good idea to make a note of who you speak to at the scene and which police department they are from. This can help if you want to track down a police report at a later date.
Do Not Admit Fault for a Fatal Auto Accident
Whether you are talking to the police, another driver, or passersby, it is important that you do not admit fault or guilt in an accident.
This might sound obvious — it’s unlikely that you’ll stand at the scene of an accident and admit “this was my fault.” However, even something as simple as apologizing to another driver can be used as an admission of fault. This could land you in very hot water if someone tries to sue you for the accident.
While you may want to exchange insurance or contact details with other drivers, try to keep this communication to a minimum. This will reduce the risk of you saying something that might implicate you.
Seek Medical Attention as Soon as Possible
Just because you have survived a car crash doesn’t mean that you will always walk away unscathed. So it is very important that you seek medical attention as soon as possible.
Some serious injuries, like head injuries, may take a while to show up. Without proper treatment, these can escalate and become life-threatening.
As we’ve already mentioned, if paramedics assess you at the scene and think you need to go to the hospital, the police must approve this. Otherwise, you should go to the nearest emergency room once the authorities are ready for you to go.
A thorough medical exam is necessary if you are going to make an insurance claim for any of your medical bills or treatments. If someone else is liable for your accident, you can also use this in a personal injury lawsuit.
Speak to an Experienced Auto Accident Lawyer
If you have been involved in a fatal car accident, it is a good idea to seek legal advice as soon as possible. An experienced lawyer will review the details of your case.
From this, they will be able to mount a defense if there is a lawsuit against you. Or they may advise you to bring a lawsuit against another liable party instead. This could gain you some serious financial compensation for your accident.
To put together a case, you will need plenty of evidence. This might include:
- Photograph or video footage of your accident
- Eye witness accounts
- Accounts from other drivers
- Medical reports
- Police reports
- Highway maintenance records
- Vehicle maintenance records
An experienced lawyer will know exactly how to get their hands on this and will have the resources to chase up other leads. They will also represent your interests in court if your case goes this far.
This all means that you can focus on recovering from your accident with the peace of mind that you’re in safe hands.
Get Help Today
If you have been involved in a fatal auto accident, what you do next matters a lot. This makes a big difference if a personal injury or wrongful death lawsuit comes your way.
Have you recently been involved in an accident on the road? Then get in touch with a member of our experienced legal team today. We’re here to help.
CONTACT A TAMPA AUTO ACCIDENT ATTORNEY
In short, after a car accident, you may not know your rights. Above all, don’t struggle through the process alone. Actually, our personal injury team is here to help you with any legal needs you might have regarding your accident.
Lastly, let RHINO Lawyers answer your questions and review the facts of your case with a Free Consultation. So, get started by completing the “Free Instant Case Evaluation” or by calling us any time, day or night, at 844.RHINO.77.
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Important Facts About Florida DUI Cases
Whether we like it or not, we don’t always make the best decisions. In the year 2017 alone, 515 people were killed in drunk driving accidents.
Obviously, drinking and driving is not a safe decision but sometimes we make mistakes. Those mistakes can haunt us for the rest of our lives. Let’s talk about Florida DUI laws, penalties, facts, and what you can do to protect yourself.
Florida DUI Penalties
If you’ve received a DUI, the first penalty will be your arrest and booking. Additionally, they will place you in the so-called “drunk tank”. Along with other folks with similar charges that night. And you will need to post bail for release.
If you are unable to cover the bail, you will either need a bail bondsman to cover the fee. Or you will remain in jail until your court date. Upon your release, you’ll receive dates to your arraignment where you will either plead guilty or not guilty. If you plea guilty or they find found guilty in a trial, there are some consequences.
Keep in mind that in the event of property damage, bodily injury, or death during the offense, these penalties may increase drastically.
1st Offense
For a first offense, you will likely receive a fine of between $500 to $1,000. If your blood-alcohol content (BAC) was found to be higher than 0.15, the fine will be between $1,000 and $2,000.
It is unlikely that you will serve time in prison for a first offense. As long as it was without any property damage or bodily harm. However, you could face up to a maximum of 6 months in prison for the first offense in Florida.
You will also face a license suspension of no less than 6 months to no more than 1 year (minimum 3 years with bodily injury), and you could face other penalties such as community service or be mandated to attend a drunk driving course or certified DUI program.
2nd Offense
For a second conviction, you’ll be facing a minimum fine of between $1,000 and $2,000. And between $2,000 and $4,000 with a BAC of 0.15 or higher.
You will also be facing up to a maximum sentence of 9 months in prison with no additional charges. Plus, if your BAC was above the 0.15 threshold or if there was a minor present in the vehicle, the maximum will be raised to 12 months in prison. But, if this second conviction was within 5 years of a prior conviction, you will face a minimum sentence of 10 days in prison. Which is enough to lose your job!
If your second offense occurred within 5 years of the previous offense, then they will suspend your license for a minimum of 5 years. Although, you will have a chance for hardship reinstatement after 1 year. If it occurs after the 5-year mark, it will be between 6 months and 1-year suspension.
3rd & 4th Offense
For both offenses, you will face a fine of no less than $2,000 and no more than $5,000. The minimum will be $4,000 if there is a minor in the vehicle or your BAC was found to be above 0.15.
For a third conviction, you will face a minimum of 30 days in prison with a maximum of 12 months. It jumps to a maximum of 5 years for a fourth conviction.
For your third offense, you will have a minimum of 10 years license revocation with the eligibility for hardship reinstatement after two years. The fourth offense will result in permanent revocation with a chance for hardship reinstatement after 5 years.
What You Need To Know About DUI Charges In Florida
DUIs are one of the most serious criminal traffic offenses in Florida and you can see that by the penalties listed above.
Florida sees over 40,000 DUI cases every year, and they can ruin your life. If you’re forced to spend even a few days in prison, it could be the difference between keeping your job and losing it.
It will also leave you with a criminal record that will last for your entire lifetime. While most states have a statute of 10 years to keep DUI charges on your record. Florida keeps them for 75 years. This will not only create challenges with future job prospects but it could also increase your penalties for future charges, especially ones associated with driving.
If you drive for a living, commute to work, or need your license in good standing, your job could be ruined. Truck driving is one of the most common jobs in the US. And your CDL will be instantly revoked after a DUI, which ruins your career.
In all the penalties, we didn’t even mention probation. That can cause headaches for years, hurt you on job prospects, and make smaller violations send you to prison.
How To Protect Yourself
If you find yourself facing DUI charges, you need to protect yourself. It’s clear to see how devastating these charges are and how easily they can harm your standing in life.
The best thing you can do is hire an experienced drunk driving lawyer to get you the best help. If they don’t have DUI cases under their belt. They won’t be able to help you the same way an experienced DUI attorney can.
Get Help Today
Drunk driving isn’t safe but we don’t always make the best decisions. Florida DUI laws are strict, and if you don’t take the proper precautions, you could find yourself in a lot of trouble. If you’re fighting a case, don’t do it alone. Contact us today to see how a criminal defense lawyer can help you get the best results for your case!
CONTACT TAMPA TRAFFIC TICKET ATTORNEY
RHINO Lawyers can help and guide you through a system molded by law enforcement, judges, and lawyers for decades. Having won cases for our clients in similar circumstances, our criminal defense team knows what it takes to fight on your behalf.
Let RHINO Lawyers answer your questions and review the facts of your case with a Free Consultation. So, get started by completing the “Free Instant Case Evaluation” or by calling us any time, day or night, at 844.329.3491.
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