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When Uber Drivers Hit Pedestrians

As Uber is the most popular ride-sharing app in the country, it should come as no surprise that Uber drivers are everywhere. This includes Florida. The company has undoubtedly changed how we get from place to place and certainly made life easier for millions of Americans. Nevertheless, Uber isn’t without its own highly visible legal dramas, and Uber accident claims can get very complicated very quickly.

When you head out on foot, it’s an invigorating, healthy, and earth-friendly way to get around, but it also leaves you extremely vulnerable to the traffic that surrounds you. When you’re walking from place to place, whether you work in downtown Miami’s Brickell Avenue or if you’re enjoying yourself by pursuing the Midtown/Design District/Wynwood arts district, there’s absolutely nothing to protect you from the impact of an accident. If you’ve been injured in a pedestrian accident that was caused by an Uber driver, you need experienced legal counsel.

The law pertaining to Uber accidents is relatively new and continues to evolve. If an Uber driver injured you in a pedestrian accident, it’s complicated. At Uber Car Accident Law in Miami, we cover all of South Florida and our dedicated Uber accident lawyers have the experience, commitment, and determination to fight for your claim’s best possible resolution. Pedestrian accidents are some of the most dangerous accidents on our roads, and it is important that anyone injured while on foot by an errant Uber obtain the compensation that he or she deserves.

Pedestrian Accidents: The Statistics

Pedestrian accidents are dangerous accidents, and according to the Pedestrian and Bicycle Information Center (PBIC), they’re on the rise. In fact, the PBIC shares some sobering statistics related to these accidents:

  • While traffic fatalities decreased by almost 18 percent (in the years spanning from 2006 to 2015), pedestrian-accident fatalities rose by 12 percent.
  • During the same period, the number of pedestrian-accident injuries rose by almost 15 percent.
  • There were more pedestrian-accident fatalities in 2015 than there had been in any of the previous 20 years.

When you take to the busy streets of South Florida on foot, always make safety your top priority.

The Three Periods of Uber

Uber drivers aren’t employees of Uber (though this is where some of the legal drama comes in) but are instead independent contractors. This pesky detail allows Uber to get away with some insurance-coverage shenanigans that can make your claim more difficult—and if you’ve been injured in a pedestrian accident, things are difficult enough. Uber only takes responsibility (sometimes limited responsibility) for Uber accidents when the Uber driver is on the clock, and they break this status down into distinct periods (each of which Uber covers differently—with different policy limits):

  • Period 1 - Uber app on—no passenger. Uber drivers spend a lot of time on the road with their Uber apps on while they wait for passengers. While this seems like a natural part of an Uber driver’s job, Uber doesn’t see it that way. While Uber doesn’t cover its drivers for any property damage or injuries they incur during Period 1, it does cover them for liability, including your pedestrian accident.
  • Period 2 - En route to pick up a passenger. When an Uber driver is on his or her way to pick up a passenger, that driver is technically on the Uber clock and is theoretically covered by Uber’s insurance. However, this isn’t as straightforward as it may seem. If that Uber driver injures you in a pedestrian accident while en route to pick up a passenger. The Uber ride may get canceled in the process, which shoots the Uber driver back into Period 1. This may make a difference in how Uber covers your pedestrian accident claim. A screenshot of the Uber driver’s Uber app can help establish that he or she was indeed driving in Period 2.
  • Period 3 - Driving with a passenger. If the Uber driver has a passenger, that driver is officially on the Uber clock for Uber and should be covered by Uber.

When it comes to Uber accidents, nothing is straightforward, and ascertaining whether the Uber driver’s insurance or Uber’s insurance—or both—will come into play is a complex determination. Your dedicated Uber accident attorney will carefully examine the circumstances of your unique case and will help guide it toward its best possible legal outcome.

The Insurance Company

It’s true that insurance companies sell insurance policies for the explicit purpose of covering people who’re injured in accidents. This doesn’t mean, however, that the insurance company involved in your claim—whether it’s Uber’s insurance or the driver’s insurance or both—is interested in fully covering you for the damages you’ve suffered, which are likely to be extensive in a pedestrian accident. It’s important to recognize that insurance companies are in business to make money, and that often includes minimizing payouts. Your experienced Uber accident attorney will deal with the insurance company on your behalf, and will aggressively advocate for your just compensation.

First Things First

If an Uber driver injured you in a pedestrian accident, make your safety your top priority. Even if you don’t think you’ve been seriously injured, obtaining immediate medical attention is in the best interest of both your health and your Uber accident claim.

It’s also important to collect evidence at the scene of the accident. If you can’t do it yourself, enlist a bystander to help you. This evidence should include photos and videos that capture the accident scene, eyewitness testimony, and eyewitness contact information. Additionally, jot down exactly how the accident happened—including as many details as possible. Do this as soon after the accident as you can—the mayhem of a pedestrian accident can quickly blur your memories.

If an Uber Driver Injured You in a Pedestrian Accident, Consult an Experienced Uber Accident Lawyer Today

Pedestrian accidents are extremely dangerous and difficult. If an Uber driver injured you in a pedestrian accident, it adds another layer of difficulty, and you need a dedicated Uber accident attorney. The skilled legal team at Uber Car Accident Law in Miami understands just how harrowing your situation is, and our experienced Uber accident attorneys have the skill, knowledge, and determination to navigate your claim toward its best possible conclusion. We work with clients throughout South Florida and will review the facts of your case at no cost to you. To schedule a free case evaluation with one of our lawyers, call our office today at (305) 964-8806 or send us an email through our online contact form.