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

Yellow Taxi Sign On Roof Of Car. Uber accident rideshare accident

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.

Injured car passenger calling an ambulance, in the background unconscious car driver.

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.

“We want Prenup!” Don’t Wait – Until It’s Too Late!

Conflicted husband and wife during divorce consultation with lawyer

The topic of Florida prenuptial agreements naturally gets tossed around our Tampa law office often – after all, love is always in the air, and as everyone knows, love can make you blind. Kanye and Jamie Foxx have a whole song about the dangers of these rose-colored glasses. Their iconic prenup anthem Gold Digger is basically a family law cautionary tale to the max.

Our legal advice to couples who come to us for marriage preparation is much tamer than Kanye’s take on the matter. We’re not suggesting you’ve got a gold digger situation. Still, here are a few instances that inspire our clients to enter the office and yell, We want prenup! We want prenup! (Ok, there is never any yelling of this. We had to get some lyrics in this post somewhere).

When should you have a Tampa lawyer draw up a Florida prenuptial agreement for you and your intended? 

In short – the earlier it’s planned before your marriage, the better. Consider these instances:

You have read the statistics and are a realist. ‘Happily ever afters’ are possible, of course. Our lawyers happen to believe this wholeheartedly on a personal level. However, the Florida divorce rate is high. By both parties understanding what is at stake if divorce does happen, the details will be laid out for the least painful dissolution of your Florida marriage if you have a prenuptial agreement.

You don’t want any surprises, money-wise. Kanye raps about the ‘you’re not the father’ scenario, where it’s revealed after 18 years that a child is not biologically the offspring of the person who financially supported him. Your reasons for a Florida prenuptial agreement need be much less dramatic. If one or both parties bring children to the union, it is to their benefit that you agree upon ‘what if’ scenarios ahead of time.

Consider this scenario: Junior is about to go away to college when his parents file for a Florida divorce. All of a sudden, that Ivy League education his stepdad promised to fund seems like a sub-par investment. The future graduate is left to scramble for loans to fulfill his educational aspirations because there was no prenuptial agreement signed. Concerned about protecting an inheritance? -Opt for the prenup.

There are other instances where a prenuptial agreement is advisable, of course, and none of them are mentioned in the rap song (though we believe they should be because that would be fabulous and educational). If you and your partner are interested in learning whether a prenuptial agreement is right for your unique situation, contact our compassionate Florida lawyers at the Coleman Law Group who can explain the benefits of the document at www.TheColemanLawGroup.com or (727) 214-0400.

Trust us, you’ll want to work with a caring professional who at no time in the planning process will stop, point his/her finger at one of you, and yell, “Gold Digger!” Most Florida prenups aren’t about people marrying for reasons other than love. Just as with most things in life, it’s just comforting to know what the future will hold if a certain outcome is to occur. Now go tell that to Kanye.

What to do if I get in a Car Accident?

 
 
If you have been injured in a car accident, there are two urgent things you need to do: call 911 and get medical treatment.

A car accident is a traumatic and life changing event.  Whether you are seriously injured or only have damage to your vehicle, the events that will follow the accident will be difficult, expensive, and frustrating. Continue reading