When sharing a ride with someone, you have little to no control over the decisions they make on the road. But if they get involved in an accident, and you are injured, your choices determine whether you get compensation or not. Among the most critical steps you will have to take is contacting a Miami personal injury attorney.
An injury impacts the quality of your life and that of your family significantly. But the people and the institutions that owe you often don’t care and will do anything to suppress your rights. What you need is a legal expert that can explain to you your options for receiving compensation.
What Are the Common Rideshare Accident Injuries?
Every rideshare accident is unique, and so are the injuries sustained. Sometimes, the injuries are minor – but even these accrue major medical expenses. If the injuries are severe, the medical bills might be even more tremendous.
Here are common injuries that you can seek damages for:
- Traumatic brain injuries
- Whiplash injuries
- Spinal cord injuries
- Internal bleeding
- Internal organ damage
- Several lacerations
- Broken and dislocated bones
What Damages Can I Claim?
A rideshare accident can impact your daily life in many ways. You deserve maximum compensation for both economic and non-economic suffering that came after the crash, and a personal injury attorney in Miami can fight for it. Remember that you can get compensation for:
- Mental anguish
- Pain and suffering
- Nursing care
- Depression and anxiety
- Loss of consortium
- Reduced earning capacity
- Lost income
- Deprived ability to enjoy life
- Medical bills incurred due to the crush
- Burial and funeral expenses
- The potential loss of inheritance in case of wrongful death
What Evidence Do I Need for a Rideshare Accident Claim?
The success of any legal suit lies in you and your legal team’s ability to gather as much evidence as possible. Some evidence requires your Miami car accident attorney to help retrieve, while you can personally collect some of it.
Here is what can be presented for the lawsuit:
- Dashboard camera recordings
- Driver phone activity
- Surveillance camera footages
- Accident scene photos
- At-fault driver’s recording of admission of fault
- Witness testimonies
- The statement of the accident reconstruction official
How is Fault Determined in a Rideshare Accident?
Every driver on the road owes other road-users a duty of care. If the rideshare driver breached the duty of care they owed another motorist and you got injured in the accident, his/her insurance company may have to compensate you.Similarly, the other motorist could be responsible if they breached their duty of care and caused the crash. Their motor insurance may have to pay for the vehicle’s damage and compensate the injured driver and their passengers. Calling an attorney as soon as the accident happens ensures that the right claim is made immediately.
What Happens if the Rideshare Driver Works with Uber or Lyft?
Rideshare companies have liability-only insurance policies that can cover vehicle damage and injuries for the driver and the passengers. If the rideshare driver was signed into the app to work, you are eligible for damages worth up to $1,000,000.
However, this policy cannot help if the driver was not signed into the app to work, and they were on other personal businesses. Even when the driver was signed in for work, Uber and Lyft can still deny responsibility for the accident. They can argue that since the drivers are independent contractors and not employees of the company. Things can get complicated, but a Miami Uber and Lyft attorney can help.
What Role will a Personal Injury Attorney Play in a Rideshare Accident?
An accident attorney in South Florida is an invaluable resource in any accident, especially a rideshare crash. When you are nursing injuries, your body needs all the rest it can possibly get – and worrying about the compensation suit is the last thing you need. Here is what a Miami Uber and Lyft attorney can do for your case:
- Gather all crash-related evidence such as eye-witness statements, photo or video surveillance footages, police report, and more
- Assess your medical records and determine the total costs in collaboration with medical experts
- Communicate with the rideshare driver’s insurance company or the at-fault driver’s insurance company, and negotiate for compensation with their legal team
- Prepare everything needed for trial if the insurers don’t agree on a fair settlement
Who Pays for the Damages Resulting from a Rideshare Accident?
Insurance Companies – Different insurance companies cover different aspects of an accident. Some have specific requirements that must be satisfied for one to qualify for compensation. A knowledgeable Florida personal injury attorney can go through all the viable insurance policies to know if the terms and conditions relate to your situation.
The Driver – If the insurance companies deny your claim, you can file a lawsuit against the rideshare driver or the other driver. However, the case will only be successful in Miami if:
- You suffered full disability for 90 days or more
- Your body system or function experienced significant limitation
- A body part or organ suffered permanent limitation
- You got significant disfigurement
- You had a bone fracture
Manufacturers – If it is established that the crash resulted from a vehicle defect or a defect in one of the car parts, you can recover compensation from the manufacturing company. A skilled lawyer can assist in filing the product liability lawsuit.
Legal Guidance from Experts in South Florida
Insurance companies strive so hard to limit their liability in accidents. Therefore, they won’t make it easy for you to file a claim and get a deserving compensation. The only way is to get a legal professional to help you prove liability and fight for nothing less than what is fair.
Insurers often offer victims meager settlements even before the doctor determines the extent of their injuries. Victims should be wary of anyone that speaks to you on behalf of an insurer or the rideshare driver. It is safer to talk to a knowledgeable PI attorney serving Miami-Dade County and throughout Florida before accepting any offers. Call us at (305) 670-6144 to talk to our dedicated legal team.