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Uber Passenger Struck on Tampa Freeway
A 28-year-old man was killed after getting out of an Uber car around 1:45 am on Monday, November 19, 2018 near Tampa. According to the Uber driver, the man became agitated on his trip from Brooksville to Brandon and wanted out of the car on southbound I-75 at the I-4 exit. Once out, the man stepped into the traffic lane and was struck by two cars, a Nissan Versa and an SUV.
Drop-Off Safety for Uber Passengers
Though we don’t know the circumstances of the above-mentioned story, Uber does have rules regarding dropping off passengers. This is posted by Uber for their drivers: “Keep your dropoffs legal: Drop off passengers in safe and permissible locations, like passenger loading zones or where there is enough space to pull over without blocking bike lanes. It’s important to know your local laws so that you can abide by them. Check your state’s traffic laws.”
Lyft and other ride-share companies have similar rules that are put in place for passenger safety.
Who’s to Blame?
Liability for Uber drivers and the Uber company is somewhat complicated. Generally speaking, an Uber driver is an independent contractor, and as such, carries his or her own insurance. However, if a driver's app is on and they're at fault, then yes you may be able to sue them. If you can sue Uber directly, then they have 1 million in coverage. Sounds straight forward, right? This is actually where it gets complicated. If the driver is at fault, then there are three sources of insurance that apply during different circumstances.
- If the driver is not on duty, meaning not available for a pick-up, then Uber has zero liability and the insurance of the driver is in play.
- If the driver is available for pick-up but does not have a passenger, then the Uber driver’s own insurance pays for any damage, however, Uber’s $1 million policy turns into an underinsured policy. This means that if the court awards damages over the driver’s policy limits, then Uber will pay the difference.
- If the driver is on a run with a passenger then Uber’s $1 million policy will be used to cover all damages.
Do I need an Accident Attorney if I'm in an Uber Crash?
If you were seriously injured in any car wreck you should definitely schedule a free consultation with an auto accident attorney.
As far as Uber goes, if you were injured as the driver, as a passenger, as a pedestrian who was hit by an Uber car, yes, consult with an attorney.
You don’t need an attorney every time you are injured so long as the insurance company does the right thing. However, when it comes to complicated insurance liability issues, you will very likely need an attorney that knows the law and is experienced handling ride-sharing claims.
In the event a loved one was killed, be sure to speak with an attorney about wrongful death claims.
If you were involved in an Uber crash in the Tampa area call us today.