Uber SCREWS UP? Who’s at Fault in a Rideshare Accident?

Posted on July 20, 2018July 22, 2018 by Constance Coleman

You’re relaxing in the cushy backseat of an Uber when the driver takes your comment I’m in a bit of a hurry literally and runs a red light. What happens when a rideshare goes bad? Read below as we examine who is at fault in a rideshare accident and what you can expect if you’ve been involved in one.

Think Uber, Lyft and services like these are solely transportation organizations? Guess again. They’re technology conduits that connect drivers with passengers. As pure transportation companies, taxis fall under a whole different legal umbrella than rideshares. This difference can be major when it comes to seeking recompense for personal injuries.

Let’s examine Uber in particular. Part of that fee you paid to the driver includes what the company calls a ‘safe driver fee.’ That money goes to cover driving safety education and background checks. Even a huge company like Uber can’t control the traffic, though. Therefore, they cannot guarantee your total safety while out on the roads. No one can.

Not only can Uber not issue this guarantee, but anyone injured in a rideshare accident can’t expect the same treatment as, say, someone injured by a trucker employed full-time by a single company. Rideshare drivers operate as independent contractors. Therefore, their company can deny liability in many cases.

When the Uber is not available to rides sharers and is being driven for personal use, the company absolutely assumes no liability. However, let’s say that the Uber is available to accept passengers and an accident occurs. In this instance, the driver’s personal insurance policy comes into play, but if they requested coverage through Uber and the damages exceed their personal liability limits, payouts will come from Uber’s policy.

What about when the wreck in question involves an Uber driver carrying a passenger? This is where Uber’s liability policy can be accessed. Both the driver and the passenger could be covered. The main word here is could.

If you’ve been involved in an accident as a rideshare driver or passenger and believe that the rideshare company has not given you your just recompense, contact the Coleman Law Group. Our compassionate, aggressive lawyers will examine the nuances of your case and give you our honest opinion regarding your chances in court. Each of our lawyers is dedicated to specific cases, ensuring that full attention is given to each client.

No rideshare should end in pain and suffering, lost wages or other hindrances. Those who experience such loss may be eligible to bring a civil suit against the rideshare company or the driver’s personal insurer. For more information, contact the Coleman Law Group at (727) 214-0400 for a free consultation.

Texting and Driving? – Think Again.

Posted on June 27, 2018July 2, 2018 by Constance Coleman

We have all heard the message that texting and driving don’t mix. It’s common knowledge that the practice is extremely dangerous, but what are the legal ramifications if a Florida driver does choose to text while behind the wheel? You may be surprised to learn that the Sunshine State’s texting ban is considered weak compared to most of the country.

The most glaring difference is how the ban is enforced. Let’s say you’re driving down a city street and you quickly respond to a text from your mother about dinner tonight. After all, you can’t wait to tell her you want steak instead of chicken, right? There’s a police cruiser next to you, and after your press ‘send’ you and the officer lock eyes. Unless another reason exists to pull you off the roadway, that officer may not do so. Another infraction must be visible first.

This is a blessing for text-happy drivers – but it’s also a curse that can make them more complacent and lead to safety concerns. According to the Florida Department of Motor Vehicles, a car traveling 40 miles per hour will travel 290 feet in a mere five seconds. Stare at the phone for that amount of time, and you will lose all perspective of what is happening on the road. Should a child or animal run across the street, it’s likely you will not brake in time to avoid them – and loss of life is never worth a text.

Phone records aren’t usually examined unless a serious accident occurs. However, if you are caught speeding in a school zone and the officer also witnesses you tapping away at the phone, two points will be added to those incurred by the primary offense. Be involved in a crash caused by texting, and expect six extra points on that license. As you can imagine, adding texting to an existing offense can quickly lead to the loss of a license. While the first offense leads to just a warning, if you are caught again the points could be even higher.

Whether Florida will crack down further on texting remains to be seen. There is definitely some uproar in the legislature regarding the relative ease of penalties levied to those texting and driving in Florida. Proponents of a tougher ban argue that the mere act of texting while behind the wheel should be cause for enforcement. Indeed, most other states agree and have passed tougher laws.

What will it take to keep text-happy fingers away from phones while in transit? Consider the ultimate cost when you are tempted to answer that message: loss of life. It could be yours or another person’s life that hangs in the balance – all because you absolutely could not wait to press ‘send.’

For answers to questions about texting and driving and for legal advice, contact the Coleman Law Group at 727-214-0400. Their attorneys offer a free consultation and will explain your legal options.

What Should I Bring to my Personal Injury Case Consultation?

Posted on October 26, 2017October 26, 2017 by Constance Coleman

Before you head to that personal injury case consultation, take a deep breath. You’ve been through a great deal. Any time a person suffers an injury, it’s a jarring experience – but there is a way to lessen the stress. The number one thing you can do to keep that personal injury episode from defining you is to prepare for your personal injury case consultation. Here’s how. Continue reading →

Dog Bites Injuries in Florida

Posted on April 5, 2017June 27, 2017 by Constance Coleman

dog bites

Dog injuries can be caused by bites, jumping or running in front of a car. If you’ve been injured by another person’s dog – whether you were bitten while visiting a friend, or walking down the road and charged by a dog, knocked down by a dog, or whether a dog runs in front of your car and causes a crash – you may be entitled to monetary compensation as damages for the pain and suffering you have endured. Continue reading →

E-Cigarette explosion- get paid for your injuries

Posted on March 13, 2017June 27, 2017 by Constance Coleman

E-Cigarette explosion

E-cigarettes can be a blast but not when they explode. In the United States in the last year, there have been reports of e-cigarettes exploding and ripping a hole in a man’s tongue, blowing up in a man’s pants, and going off while not being used.
When a product is used for its intended use and it explodes and causes disfiguring injuries, as in this case with vaping cigarettes, the manufacturer may be liable under Florida law. Some lawsuits have already been brought against e-cigarette stores and manufacturers. Continue reading →

Is A Personal Injury Claim Right For You?

Posted on January 24, 2017February 6, 2017 by Constance Coleman

If there’s one thing you can count on in life it’s: life is unpredictable.

Now, more than ever, we’re on-the-go, all-consumed, and constantly distracted. It makes it even easier for something unexpected to happen, like an unfortunate event typically resulting in damage or injury. This is also known as an accident. Continue reading →