Determining fault after an Aventura Uber accident is often more complicated than you might expect. The legally responsible party depends on the app status, state statutes regarding the transportation network, and comparative negligence rules.
Our attorneys at Kaire & Heffernan regularly handle rideshare cases across Miami-Dade. We will help you evaluate the facts of your case in accordance with state law.
If the rideshare driver is not logged into the Uber app at the time of your accident, Florida Statutes § 627.748 does not apply. The matter proceeds like any other collision between private vehicles—the state’s no-fault and liability framework applies, and the at-fault driver’s personal auto insurance is primary for coverage. You can use evidence such as police narratives, roadway marks, and eyewitness accounts to establish fault after an Aventura car crash involving a Period 0 Uber driver.
Once an Uber driver logs into the app but has not accepted a trip, Fla. Stat. § 627.748 requires primary coverage of at least $50,000 per person and $100,000 per incident for bodily injury, $25,000 for property damage, personal injury protection, and uninsured motorist benefits. Uber’s insurance policy can offer primary coverage or provide excess coverage over the driver’s personal insurance; however, if the individual driver’s coverage lapses, Uber’s coverage takes effect. Negligence principles still govern the determination of fault for Period 1 accidents.
After the Uber driver accepts a ride and until the last rider exits their vehicle, State law requires at least $1,000,000 in primary liability coverage, along with required personal injury protection and uninsured motorist benefits. In practice, the required statutory minimums for Periods 2 and 3 mean that larger losses during these stages are financially viable to pursue. Your attorney can use evidence from the app timeline, GPS, and the electronic receipt to reconstruct the speed, route, and timing of the Uber accident in Aventura to help determine responsibility.
Florida’s transportation network statute requires Uber to disclose usage data after an Uber driver is involved in a car accident. Upon request during an investigation, Uber must provide precise log-on and log-off times for the twelve hours before and after the accident, and the driver must disclose whether they were logged into the app or engaged in a prearranged ride at the time of the crash.
Such records often determine which coverage period applies, and they can corroborate or contradict witness recollections. A reputable Aventura lawyer can gather this evidence in the course of their liability investigation into your car crash involving a transportation network company driver.
The state’s dangerous instrumentality doctrine can impose vicarious liability on a business owner who entrusts a vehicle to a negligent driver. However, to limit attempts to impose employer-style liability on platforms such as Uber, Fla. Stat. § 627.748 classifies a transportation network company driver as an independent contractor if they satisfy certain statutory conditions. This dangerous instrumentality doctrine helps you figure out who else, beyond the Uber driver—such as the vehicle owner or a leasing company—can be held responsible for an Aventura vehicle collision.
Our lawyers at Kaire & Heffernan have extensive experience handling serious cases like layered-liability rideshare collisions. We assist clients in determining fault after an Aventura Uber accident by identifying the driver’s app status and evaluating scene evidence in the context of statutory law. Our goal is to accurately assess liability, protect you from over-allocation of fault, and safeguard your right to recovery.
Kaire & Heffernan has secured significant results in motor vehicle collision cases, including seven-figure settlements, and our attorneys handle cases directly, maintain same-day responsiveness, and are available after hours for emergencies. Contact us now to schedule a free legal consultation with a steadfast lawyer.
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