Been in an Uber Accident? Here’s what you need to know

Whether we know it or not, whether we like it or not, the collaborative consumption that makes up the sharing economy is here to stay. Now you can rent a spare room in your house to weary travelers, rent one of several shared bikes at terminals throughout large cities, or make a little extra cash driving people to and from their destinations. However, this new economic sector raises a whole new set of legal questions about responsibility and liability. That’s why it shouldn’t come as a surprise you can’t seem to turn the corner without seeing an ad for an “Uber Accident Attorney” So, what do you do as a passenger when your rideshare driver finds themselves in a crash?

1. Call 911.

Since rideshare companies treat their drivers as independent contractors, each driver is responsible for maintaining their own automobile insurance in compliance with the company’s rules and regulations. Many of these drivers are reluctant to contact the authorities in the event of a crash since it will affect their insurance premiums, driver’s status and licensure. However, receiving care for injuries after an automobile accident is nearly impossible if the accident was never reported to the authorities. In spite of what your driver says, in spite of if you feel pretty okay, insist on calling the police in the event of an accident.

2. Report the accident in the app.

In the wake of difficult accident reporting procedures, both Uber and Lyft now have in-app accident reporting processes that begin with the push of a button. Customer service in both cases will walk you through what happens next, assist you in contacting authorities if you haven’t already, and take statements about what happened. Again, your driver may be reluctant to have you report the accident, but doing so can only help you in the long run.

3. Take pictures if you can.

While you have your phone out, and if you are not seriously injured, begin to take pictures of the accident scene. Be sure to take pictures of your driver, any other drivers or pedestrians involved, the license plates of both vehicles, the location where the accident happened, your injuries (if any) and any damage that may have occurred. In the event your accident goes to court, these pictures will serve as invaluable evidence in determining fault and financial outcomes.

4. Be sure to get a copy of the accident report.

Any police officer who arrives on scene will supply a copy of the accident report to both drivers. If they cannot supply a third copy to you, be sure to snap a picture of the report as well as the officer’s name and badge number. Such simple information makes it much easier to track down a copy of the accident report in the future.

5. Your injuries are covered, but you will need an attorney’s help to be compensated.

Some auto accident cases can be resolved without the help of an attorney. An accident involving an Uber driver almost always requires an attorney’s help to sort through liability and compensation. While your injuries are covered under the driver’s insurance, Uber also carries an insurance policy for its passengers. However, Uber’s coverage only extends to certain times you are engaged with the app and its drivers.

When a driver has accepted a ride but does not have the passenger with him, there is limited liability coverage for the driver if he is in an accident. If the driver has an Uber passenger in his car, Uber’s insurance policy will cover the passenger or any third party (like a bike messenger or pedestrian) if an accident occurs. However, this insurance only kicks in after the driver’s insurance has paid out. That is where having the help of a qualified Uber accident attorney comes in. They can help you navigate liability, medical expenses and payouts between both the driver’s insurance company and Uber’s.

If you have been in an Uber accident, contact an attorney you can trust to help you navigate the murky legal waters of liability.

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An Accident Attorney in Daytona Beach Explains What You Need to Know about Personal Injury Cases

Personal injury claims can rise out of any number of situations where someone is negligent, deliberately careless, or acts intentionally, and this action – orin some cases, inaction – results in someone being hurt.

Examples of Types of Personal Injury Claims

Below are some examples of the most common types of personal injury claims.

Car Accidents

Almost every accident attorney in Daytona Beach will tell you that car accidents are the most common source of personal injury claims.  If someone is a passenger in a car and they are injured, they almost always have a personal injury claim.  Whether the injury is attributable to the driver of the car they were in, the driver of the other vehicle, or the conduct of a third party, if injuries were sustained, there may be a valid claim for compensation based on the injury.

Similarly, if the driver of a car is injured due to someone else’s conduct, whether that person is the driver of another car or a third party, the injured person may have a claim for personal injury.

And if someone is a pedestrian and hit by a car or truck, there may be basis to file a personal injury claim.  Of course, the facts and circumstances of each specific case dictate whether or not someone has a valid claim.

Other Types of Vehicle Accidents

Personal injury claims aren’t just limited to cars and pedestrians.  If someone is injured in a boating accident, a bicycle accident, or a motorcycle accident, they may also have a claim for personal injury.  Similarly, if someone is injured in a bus or tractor-trailer crash, a personal injury claim may exist.

Medical Malpractice

Medical malpractice claims are less common, but no less serious a personal injury claim than car accidents. Common medical malpractice cases include:

  • Leaving a sponge or instrument inside a person’s body during surgery
  • Failure to consider how different prescriptions can interact negatively
  • Misdiagnosis or failure to diagnose

Medical malpractice errors are typically accidental, but the consequences of such carelessness can be severe.  An accident attorney in Daytona Beach will be invaluable to your case if you feel you may have a medical malpractice claim.

Slip and Fall Accidents

Slip and fall accidents, also known as premise liability, involve cases where someone slips, trips, and/or falls on someone else’s property.  If the owner was aware (or should have been aware) of the danger presented, perhaps by a loose rug or uneven pavement, and did nothing to rectify the situation or sufficiently caution people about the danger, they may be liable for the injury.

Personal Injury Claims Hold People Responsible

When someone is injured, a personal injury lawsuit holds the person who caused the injury responsible.  Additionally, a personal injury claim provides compensation for past and future medical bills, lost wages, and pain and suffering.

Time Limits Apply

In the state of Florida, there is a limit on how long an injured party has to file a personal injury claim.  Failure to file the claim within the statutorily prescribed timeframe will result in an inability to pursue it.  Because personal injury law can be complicated, it’sa good idea to consult with an attorney.  An accident attorney in Daytona Beach can review the facts and circumstances of your particular case to determine whether you have a personal injury claim.

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Car Accident Attorney Port St. Lucie Shares 8 Things You Can Do to Prevent an Accident

According to the Florida Department of Highways Safety and Motor Vehicles, there were more than 400,000 car crashes in Florida last year.  This number has been steadily increasing year-over-year since at least 2011.  Car accident attorney Port. St. Lucie handles innumerable cases each year involving totally preventable accidents.  Although you cannot account for the behavior of other drivers, you can take steps to protect yourself against their possible negligence.

8 Things You Can Do to Prevent a Car Accident, According to a Car Accident Attorney Port. St. Lucie 

  • Check your mirrors frequently. Researchers at the University of Texas at Dallas recommend that you check your mirrors every 5 seconds.  This includes your rearview mirror, as well as both side view mirrors. You should also check your mirrors before you slow down, while you are stopped, before changing lanes, and before and after turns.
  • Also regularly check your blind spots and physically look backwards while backing out. Do not rely solely on your mirrors or rearview cameras. Mirrors provide limited visibility, and it is important toaccount for all possible blind spots.
  • Anticipate at least 12 seconds ahead. Concentrate on where you will be driving in 12 seconds, and take premature note of possible actions you will have to make, like a lane change or turn.
  • Keep at least one car length per 10 MPH. This gives you sufficient time to accommodate the actions of the vehicle in front of you, or execute an abrupt stop.  This is especially important on highways, where vehicles travel at high speeds and often do not allow for enough room between their vehicle and the one in front of them, which can lead to catastrophic accidents.
  • Perform regular maintenance. Ensure that your vehicle meets all safety and environmental codes, change your oil regularly, check your tires frequently (and change as necessary), and make sure that your engine is properly maintained.
  • Avoid in-car distractions. Texting while driving is illegal in Florida, although a law enforcement officer cannot pull you over for that cause alone. When taking voice calls, use a wireless headset, or if you can, link your cell phone to your car’s speaker system so that you can talk hands-free. If you have children in the car, make sure they know not to distract you while you are driving, and provide toys or other activities to occupy them.  If you confront a distraction that is impossible to avoid, try to pull over to the side of the road and come to a complete stop before dealing with it.
  • Be cautious when using cruise control. The advent of cruise control technology has made long drives much more comfortable. Unfortunately, however,it presents new hazards related to decreased driver awareness and control over the vehicle.  Always stay vigilant while using cruise control, and avoid using it entirely in rainy conditions.
  • Drive defensively, and be courteous to other drivers. Dealing with other drivers on the road can be frustrating, and it may be tempting to respond with anger or aggression. These responses greatly increase your accident risk, however.  Instead, maintain a calm attitude and be courteous to others.  We all share the road, and it benefits all of us to maintain them as a civil public space. 

Be Prepared in Case of an Accident

Even if you follow these guidelines, you are still at risk of being involved in an accident every time you get into your car.  It is extremely important that you ensure your car is equipped with safety equipment like airbags, and that you always wear your safety belt. Keep a first-aid kit and safety equipment in your trunk, just in case.

If you are injured and require expensive medical attention, a car accident attorney Port St. Lucie can advise you of your legal recourse going forward.

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What Is the Law for Reckless Operation in Ohio?

Ohio has three basic reckless operation laws on the books. The one that is enforced most often applies to driving vehicles on public roads and highways. Another addresses reckless driving on private property, and the third deals with the reckless operation of boats and personal watercraft. Read more

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The Most Common Traffic Tickets

During 2015, the Ohio State Highway Patrol recorded a little more than 1.5 million traffic stops. Troopers issued the highest number of citations for speeding, amounting to 379,000 tickets. The second most-frequently issued traffic tickets, totaling some 116,000, were for failing to use seat belts and child restraints. License violations ranked third. Arrests for operating a vehicle while intoxicated (OVI) also constituted a significant proportion of encounters between Highway Patrol officers and drivers, representing nearly 25,000 of the recorded incidents. Read more

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