If an Uber caused your bicycle accident, there are important things to know about your right to compensation in Florida. Navigate the complex claims process with the help of an experienced attorney.
The Coral Gables rideshare accident lawyers at Maderal Byrne & Furst PLLC legal team explain what you should know if an Uber caused your bicycle accident.
What You Should Know if an Uber Caused Your Bicycle Accident
- Florida car accident laws apply to accidents involving Uber and bicyclists. That means:
- Your PIP insurance applies. (Florida Statutes § 627.736). If you don’t have it, you may seek PIP coverage from someone in your household. The Uber driver may or may not have PIP coverage.
- The Florida tort no-fault exemptions found in Florida Statutes § 627.737(2) apply, too. If you have significant, permanent, or disfiguring injuries, you may claim economic and non-economic compensation as provided by law.
- Comparative negligence law applies to Uber accidents involving bicyclists. (Florida Statutes § 768.81).
- Uber provides up to $1 million in insurance for its drivers. There should be insurance to pay compensation if the driver or a passenger is at fault for the accident.
- Despite the promise of insurance coverage, receiving fair compensation can be a challenge. Insurance may still try denying liability or minimizing compensation. You must carefully document your damages and the appropriate amount of compensation. Then, you must pursue your rights. An experienced attorney for Uber bicycle accidents can assist you.
Ways Uber Drivers and Passengers Can Injure a Bicyclist
- Driver stopping in a bicycle lane to embark or disembark passengers
- Impeding traffic by stopping or standing against the flow of traffic
- A passenger opening their door without looking for bicycle traffic
- Cutting off a bicyclist to get to a parking spot or pick up a passenger
- Interacting with the app and driving distracted
- Violating right of way laws, turning in front of the bicyclist
- Setting personal belongings or packages in the path of a bicyclist
- Driving too fast for conditions where bicyclists may be present
- Aggressive driving and road rage
- Violating other rules of the road
Drivers, passengers, and bicyclists alike have a duty of care for the safety of others. This duty doesn’t change because someone is driving for Uber. When a driver or passenger injures a bicyclist, the victim may seek compensation under Florida law. Uber offers insurance compensation of up to $1 million for personal injury and related damages. Bicyclists who are victims may access this compensation.
PIP insurance in a bicycle accident involving Uber
When you’re in an accident involving Uber, your own PIP insurance applies. Even though you weren’t in a vehicle at the time of the crash, you can still look to your own PIP coverage for payment. If you personally don’t have coverage, you can use the policy of a household relative who has coverage unless you are specifically excluded. Florida Statutes § 627.736 states that a PIP policy must pay for the insured and their relatives when struck by a motor vehicle and suffering bodily injury while not an occupant of a self-propelled vehicle.
If no household relative has PIP, then you may look to the Uber driver for coverage. However, Florida law requires Uber drivers to have insurance required of limousines during active rides. (Florida Statutes § 627.748(7)(c)). That doesn’t include PIP insurance.
PIP insurance is required for drivers when they’re logged in. When they’re giving a ride, they may not have PIP coverage, but they will have their $1 million insurance guarantee, which should cover you when a driver or passenger is at fault for an accident.
What if a passenger is at fault for an Uber bicycle accident?
The duty of care and negligence liability extends to passengers, too. Florida Statutes § 324.022 requires insurance to pay for claims arising out of the use of the motor vehicle for property damage. Of course, a passenger isn’t using their own motor vehicle.
The passenger’s personal insurance, its applicability, and their ability to pay compensation must be investigated. Fortunately, Uber’s insurance coverage may provide compensation in a circumstance where a passenger is negligent.
Sorting out liability, insurance claims, and damages can be complicated. But you can have experienced legal counsel representing you. At Maderal, Byrne & Furst, we represent bicyclists injured in Uber accidents. Contact us today to discuss your case.
What Is Uber Doing About Bicycle Accidents?
Accidents betweens Ubers and bicyclists happen, and they are serious. Victims are often left with life-changing injuries. When a fatality occurs, families are left with the pain of losing a loved one. Victims and their families may have the right to compensation.
In light of these collisions, Uber’s yearly US Safety Reports emphasize engagement with bicycle organizations to educate drivers.
Uber bike lane safety feature
Uber offers Bike Lane Alerts in more than 200 cities. These alerts notify riders when their disembarkation point is along a bike route. Riders are warned to exercise caution when opening doors.
While a helpful feature, drivers and riders must still be careful. Drivers should always take care to stop their vehicle at a place where passenger disembarkation can be done safely.
Talk to a Lawyer
Have you been injured in a bicycle accident involving an Uber? You can have legal help to bring your claim and maximize your compensation. Talk to a lawyer at Maderal Byrne & Furst today.
