Estero Uber Accident Lawyer
Ridesharing companies, like Uber, offer services that are convenient and, for the most part, safe. Traffic congestion and sparse parking are serious issues in many neighborhoods. Quite simply, parts of the Sunshine State have outgrown their streets and other infrastructure. Additionally, ride sharing offers safe transportation for people who are too impaired to safely drive. Unfortunately, there’s a good chance the ride-sharing operator is dangerously impaired. More on that below.
The experienced Estero Uber accident lawyer at Cardinal Law routinely handles these matters in Lee County and nearby jurisdictions. Our attorneys know all local practice and procedure rules. That includes the unwritten ones. Additionally, our team has years of professional experience. We know the law, and we know how to make the law work for people like you. Our experience means we are well-positioned to obtain maximum compensation for your serious injuries.
What Causes Ridesharing Wrecks?
Driver impairment, aggressive driving, or some combination of the two cause more than 98 percent of the car crashes in Florida. Both driver impairment and aggressive driving are serious issues among some Uber operators.
Many Uber drivers are behind the wheel during peak demand periods, usually early in the morning and late at night. Most people are naturally drowsy at these times of day, no matter how much rest they had the night before.
Overall fatigue is an issue for many other Uber drivers who have full-time responsibilities elsewhere. This fatigue affects judgment and motor skills. Driving after eighteen consecutive awake hours is like driving with a .05 BAC level, which is above the legal limit for commercial operators in Florida.
Uber’s compensation system encourages speeding and other forms of aggressive driving. Ridesharing operators get paid by the trip, not by the hour. The more trips they complete, the more money they make. This system also encourages other forms of aggressive driving, such as running stop lights and turning unsafely.
Sometimes, operator impairment and aggressive driving overlap. Distracted driving is a good example. Many Uber drivers over-rely on GPS navigation devices. A hand-held device combines att three forms of distracted driving, which are:
- Manual (hand off the wheel),
- Visual (eyes off the road), and
- Cognitive (mind off driving).
Hands-free devices are far from risk-free devices. In fact, they may be even more hazardous. Hands-free gadgets are cognitively and visually distracting. Furthermore, these devices give Uber drivers a false sense of security.
Estero Uber Accident Lawyers and Liability Issues
Usually, aggressive driving or impaired driving is a breach of care. That’s especially true for commercial operators. These drivers have a higher duty of care than noncommercial drivers, which means there’s less margin for error.
If a breach of care caused injury, damages include compensation for economic losses, such as medical bills, and noneconomic losses, such as pain and suffering.
Most individual auto insurance policies exclude commercial losses, meaning that many Uber drivers are basically uninsured. Fortunately for victims, the respondeat superior doctrine usually applies in such cases.
Employers are financially responsible for damages if their employees are negligent during the course and scope of employment.
Uber drivers are independent contractors for most purposes. But since Uber controls their behavior, at least to an extent, these drivers are employees for negligence purposes. Furthermore, under Florida law, any act that benefits the employer in any way is within the scope of employment. That broad definition includes deadheading (driving aimlessly waiting for a fare). Uber benefits if available drivers are in the area.
Work With a Tough-Minded Lee County Lawyer
Injury victims are entitled to substantial compensation. For a free consultation with an experienced Estero Uber accident lawyer, contact Cardinal Law, P.A. We do not charge upfront legal fees in these matters.