Uber has revolutionized the transportation industry, at least when it comes to local trips. Uber drivers take passengers on billions of rides every year. It is hardly surprising, then, that driver misconduct is common. As a result, Uber lawsuits are also common. Most of these lawsuits fall within four main categories.
- Car Accident/Personal Injury Claims
If an Uber driver causes a car accident, injured parties—including passengers, other motorists, pedestrians, and bicyclists—may file a personal injury claim against the driver. While Uber is not typically directly liable for such accidents, the company provides insurance coverage for its drivers under specific circumstances.
Uber’s insurance system works like this:
- Off-Duty Drivers: An Uber driver’s personal auto insurance applies when they are not logged into the Uber app. However, this coverage generally excludes accidents occurring while the driver is using their vehicle for commercial purposes.
- Available but Without a Passenger: If the Uber driver is logged into the app and available for ride requests but not actively transporting or en route to pick up a passenger, Uber provides limited liability coverage of up to $50,000 per person for bodily injury, $100,000 per accident for bodily injury, and $25,000 per accident for property damage.
- Transporting a Passenger or En Route to Pickup: If the driver has accepted a ride request and is either transporting a passenger or en route to pick them up, Uber’s liability insurance increases to $1 million for injuries and property damage involving riders and third parties.
Uber insurance provides far more financial resources than most ordinary drivers carry.
- Wrongful Death Lawsuits
If someone is injured in an accident caused by an Uber driver, a personal injury claim arises. If the injured party dies from their injuries, a wrongful death claim arises. Since a deceased victim cannot file a lawsuit, wrongful death claims work differently than personal injury claims. In Florida, the personal representative of the deceased victim’s estate files the lawsuit. Compensation goes to the victim’s estate and surviving relatives.
- Crimes Against Passengers by Uber Drivers
A crime against a passenger might include assault, sexual assault, false imprisonment, robbery, or even kidnapping. Such crimes justify both criminal prosecutions and lawsuits. A passenger with a complaint of intentional criminal behavior by an Uber driver can seek economic damages (medical bills, lost earnings, etc.) and non-economic damages (pain and suffering, etc.). Because the crime was intentional, punitive damages might also be a possibility. Uber insurance may or may not cover punitive damages, depending on the circumstances.
Florida allows punitive damages if the defendant‘s conduct was malicious, willful, wanton, or grossly negligent. Because Florida considers Uber drivers independent contractors rather than employees, Uber can probably evade direct liability for punitive damages. Beware–the law in this area is complex.
It’s unlikely that an Uber driver would possess the financial resources to pay a large punitive damages award. Furthermore, Uber insurance may or may not cover punitive damages, depending on the circumstances. Florida law generally limits punitive damages to three times the amount of compensatory damages or $500,000, whichever is greater.
- Direct Lawsuits Against Uber
A plaintiff might sue an Uber driver and count on Uber’s liability insurance to compensate them. Another strategy that might work for any of the four types of cases described above would be to sue Uber for negligent hiring, negligent supervision, or negligent training. Imagine, for example, Uber hiring a driver with two previous DUIs. If the driver subsequently causes an accident, the victim might sue Uber for negligent hiring.
Contact the Tampa Uber & Lyft Accident Law Firm of Roman Austin Car Accident and Personal Injury Lawyers for Help Today
A Florida personal injury lawyer provides invaluable support throughout your case, from evaluating your claim and estimating its value to gathering evidence, preparing legal documents, and representing you in court. While litigation is sometimes necessary, most personal injury claims are resolved through settlements rather than trials.
At Roman Austin Car Accident and Personal Injury Lawyers, we have a proven track record of success, securing over $200 million in compensation for our clients.
For more information, please contact the legal team of Roman Austin Car Accident and Personal Injury Lawyers for a free initial consultation with an Uber and Lyft accident lawyer in Tampa. We have convenient locations in Florida: St. Petersburg, Safety Harbor, Clearwater, New Port Richey, and Tampa.
We serve throughout Pinellas County, Hillsborough County, Pasco County, and its surrounding areas:
Roman Austin Car Accident and Personal Injury Lawyers - Clearwater Office
1811 N. Belcher Road, Suite I-1
Clearwater, FL 33765
(727) 787-2500
Roman Austin Car Accident and Personal Injury Lawyers - Congress Ave Office
2360 Congress Avenue
Clearwater, FL 33763
(727) 591-5610
Roman Austin Car Accident and Personal Injury Lawyers - Tampa Office
401 E Jackson St, Suite 3319
Tampa, FL 33602
(813) 686-7588
Roman Austin Car Accident and Personal Injury Lawyers - New Port Richey Office
2515 Seven Springs Blvd.
New Port Richey, FL, 34655
(727) 815-8442
Roman Austin Car Accident and Personal Injury Lawyers - St. Petersburg Law Office
840 Beach Dr NE Suite 202
St. Petersburg, FL 33701
(727) 787-2500
Roman Austin Car Accident and Personal Injury Lawyers - Safety Harbor Law Office
202 9th Ave S Suite A-2
Safety Harbor, FL 34695
(727) 787-2500
Miles H. Hickman
Partner and Trial Attorney
Miles H. Hickman spent his first six years in practice defending insurance companies at a St. Petersburg firm, where he managed a legal team of more than ten. He has handled cases from pre-suit through trial as both first and second chair. A lifelong central Florida resident and Stetson University College of Law graduate, he is a Super Lawyers Rising Star and a member of the Million Dollar Advocates Forum.
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