Uber and Uber Eats Accidents
Ridesharing apps such as Uber and delivery services like Uber Eats are increasing in popularity throughout South Florida. As more people rely on these services to provide their transportation, and food delivery, the potential for car accidents also grows. Passengers taking an Uber car can be injured, as well as other motorists, pedestrians, or bicyclists, if a ridesharing or delivery driver is not paying proper attention. Depending on the circumstances, victims may need assistance in filing claims with multiple insurance companies, or in pursuing legal action against a driver or a ridesharing company to recover compensation for their injuries. Boca Raton Personal Injury Attorney David B. Datny has extensive experience in dealing with insurance companies regarding these types of matters.
As a former partner in one of the largest insurance defense firms, Mr. Datny understands the maneuvers employed by these companies when handling claims, and he uses this knowledge to advocate fiercely on behalf of injured victims. Mr. Datny started his personal injury practice in order to provide clients with individualized representation and personalized one-on-one communication, which is the only way to ensure that each case gets the attention that it deserves.
If you have been involved in an accident involving an Uber or Uber Eats driver, contact Boca Raton Personal Injury Lawyer David B. Datny at 561-221-7474 to find out more about how we can help you. The Datny Law Firm is available 24/7 to address your concerns and help you with this complicated legal processHolding Ridesharing Drivers and Companies Responsible for Accidents
Unlike traditional taxi companies, which are required to employ drivers who have bonds and special licenses, Uber and Uber Eats are considered “transportation network companies.” As a result, these companies do not have governmental oversight or regulations set by a specified industry, meaning that they are free to self-regulate on matters like driver qualifications and the background checks that they find appropriate. Uber and Uber Eats are also responsible for training or supervising drivers as they see fit. Additionally, Uber and Uber Eats do not classify drivers as employees but instead as independent contractors. This means that drivers, rather than the company, are responsible for setting their own hours and maintaining their own vehicles. As an experienced Uber Accident Attorney serving the Boca Raton area, David B. Datny understands the legal significance of this distinction.
Uber and Uber Eats both carry insurance coverage for up to $1 million for injuries sustained in a car accident while the driver was accessing the ride share or delivery system. However, these policies are only applied when the injury occurs to a passenger during a ride, or if a driver is on his or her way to pick up a passenger or make a delivery. In addition, the coverage must be divided among all of the passengers who are injured in an accident. When injuries are severe, this amount often does not cover all of the costs, especially when there are multiple victims. Personal injury lawsuits are an option for some victims who need compensation beyond what insurance provides to aid in their recovery.
Personal injury claims require a showing that one or more parties were negligent. Negligence exists when a defendant has breached his or her duty to act as a reasonable and prudent person would act in the circumstances, causing the victim’s injuries. For example, an Uber or Uber Eats driver who is concentrating on the app, their cell phone, or another device instead of paying proper attention to the road probably would be found to have acted unreasonably if they strike another vehicle or a bicycle in their vicinity. Boca Raton Uber Accident Attorney and Personal Injury Lawyer David B. Datny can help you build evidence to show a ridesharing driver’s negligence and how that negligence it caused your serious accident and injuries.
In some cases, the ridesharing company may be held liable as well. Uber and Uber Eats drivers are classified as independent contractors, so Uber usually denies being vicariously liable for the negligence of their drivers. However, many drivers have challenged this classification in court, with varying results. Since these issues are new and still being developed, personal injury claims based on Uber and Uber Eats accidents can be complex. However, even though Uber and Uber Eats may not be held vicariously liable for the actions of people who are not employees, they can be held directly liable if their hiring practices or other actions are negligent. For example, allowing an individual with a bad driving record or a history of drunk driving arrests to drive for a ridesharing company may be negligent.Contact an Uber or Uber Eats Accident Lawyer in Boca Raton
A dangerous Uber or Uber Eats driver can cause accidents that change victims’ lives forever. Personal Injury Lawyer David B. Datny and The Datny Law Firm assist victims in seeking compensation for medical expenses, income missed from work, rehabilitative services, and other damages suffered as a result of their critical injuries. The Datny Law Firm represents victims of car, truck, and motorcycle accidents throughout Florida including in Palm Beach and Broward Counties. If you have been injured or have lost a loved one in a crash involving an Uber or Uber Eats driver, call or text Personal Injury Lawyer David B. Datny at 561-221-7474 at any time to discuss your legal options. If you are unable to travel, we will gladly come to you or conference your matter over the phone or via Skype.