Representing Accident
& Injury Victims
Since 1963 We Help Clients in all Parts of Injury
and Wrongful Death Claims
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UberEATS is everywhere in South Florida now. There was a recent announcement that UberEATS will even deliver food from McDonalds. But what happens if you have an accident with an UberEATS driver? Will Uber insurance cover the UberEATS driver?

Our Miami UberEATS accident lawyers assure us that the same coverage that exists for Uber accidents should apply for any accident involving UberEATS.

Uber Insurance Coverage

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A Buca di Beppo restaurant was sued by a customer who was seriously injured when he swallowed a broken mussel shell. The trial court in Broward County initially granted the defendant Buca’s motion for summary judgment which was reversed by the Fourth District Court of Appeal based on the application of the “reasonable expectation” test to the facts of the case.

Now the customer is entitled to a jury trial and our personal injury lawyers at the Miami office of the Wolfson Law Firm firmly believe the 4th DCA got this one right.

Linguine Frutti di Mare with the Broken Mussel Shells

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Until now, Uber, Lyft and the transportation network companies (TNC) have dealt with local governments on a county by county basis. However, in January 2017 proposed legislation was filed in the Florida Legislature which is widely viewed as favorable to the TNC companies like Uber and Lyft. This is potentially good news for Florida consumers as well as Uber car accident lawyers and Lyft injury attorneys.

Uber, as the market leader in Florida, has taken the lead in the battles against local governments. Lyft typically waited for the dust to settle and fell in line with the results obtained by Uber. These battles were on display in South Florida over the past few years with Broward County taking the lead in fighting against Uber.

Broward County banned Uber and Lyft for more than 4 months after negotiations broke down with Uber. Unfortunately for Broward County commissioners, the public outcry and backlash was overwhelming. In the end, Broward County essentially complied and gave in to the terms that Uber demanded. Not long after a deal was reached between Uber and Broward County both Palm Beach County and Miami-Dade County fell in line.

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In today’s world, many teenagers are choosing Uber over driver’s licenses. Not surprisingly, many parents are in agreement with this choice. In homes all over Miami and in South Florida, families are discussing the safety and economics of using Uber instead of owning, maintaining, insuring another vehicle in the household.

Miami Uber accident attorneys have also had this discussion with clients. In the course of helping accident victims in South Florida, our personal injury lawyers in Miami meet with the parents of teenagers who are coming of driving age. Our Uber car accident attorneys in Miami usually discuss the legal responsibilities and obligations of Uber or Lyft after an accident no matter whether it is a driver or passenger. But increasingly, parents are curious about our Miami personal injury lawyers’ opinion on the issue of using Uber as a primary transportation choice for their children.

As for the legal perspective, Uber and other companies like it are required to maintain $1 million of insurance that may be available to Uber drivers and passengers. But because this is a new area of the law, many issues remain to be decided by the courts. Our Uber injury lawyers anticipate considerable litigation on issues involving insurance coverage for bodily injury, uninsured motorist, and personal injury protection benefits. Uber insurance coverage issues will not only involve the insurance provided by Uber, but also the insurance of other drivers and passengers.

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Let’s face it, most Uber and Lyft drivers are not out there driving for the life experience. They are not hobbyists. They are driving to make money. Some drivers do it part time while others try to make a full time living from driving for Uber or Lyft. Our Miami Uber accident lawyers hear the stories from our clients who drive and were injured in a car accident. One thing is absolutely clear, driving for Uber or Lyft is not an easy way to make a living.

Let’s consider the economics of driving for Uber and Lyft. The first thing to know is that these companies take money off the top of every ride in terms of fees and percentages of the total ride. Lyft provides the option of giving a tip while Uber does not. In general, drivers can expect to lose 20-25% of every ride fee to the company. Many drivers will only look at their weekly take home and subtract the amount of gas money they spent to figure out if they had a good week. But if we dig a little deeper, that profit margin shrinks even further.

A proper analysis of an Uber driver’s profitability should include the cost of wear and tear on the vehicle; depreciation of the vehicle’s value; and the cost of insurance. The issue of insurance is even more complex than it might initially appear.

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According to a recent study, Uber drivers do in fact discriminate against black and female passengers. Researchers from the University of Washington, Stanford and MIT conducted a two-year study of Flywheel, Lyft, and Uber passengers in Seattle and Boston. The study reviewed almost 1500 rides in both cities.

The researchers found that black riders using UberX ended up waiting anywhere between 29 and 35% longer than others similarly situated white passengers. The study also found that females were regularly taken on rides that were longer than necessary and ended up being frequently overcharged. The study also discovered that people requesting rides with “African-American sounding” names were canceled disproportionately by drivers when compared to riders requesting with” white sounding” names.

As background, Uber drivers have some control over what rights to accept and what areas to drive in. The drivers can cancel any ride request. An Uber driver can effectively take themselves out of any area by simply logging off the Uber app. For example, if an Uber driver picks up a ride on South Beach and takes that passenger to Miami Gardens and the Uber driver does not want to accept any rides from Miami Gardens then he/she can simply turn off the Uber app. Then they drive to an area and when they want to accept new rides they turn the Uber app back on.

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A South Carolina woman was awarded more than $4.6 million following an incident when she was stuck by a needle in a Target store parking lot. Remarkably, her lawyer attempted to settle with Target before trial for $12,000 but Target rejected that offer. In response, Target offered the woman $750 and she was forced to go to trial.

In May of 2014, the woman and her young daughter got out of their car in a Target parking lot. When the woman’s daughter picked up a hypodermic needle, she swatted the needle out of her daughter’s hand. As she swatted the needle, it stuck her in the palm of her right hand.

The woman reported the injury to a Target employee who noted in a Target Guest Incident Report that the woman “seemed worried”. The report is an internal document that is filled out by a Target employee or manager. Information is collected from the “guest” about their accident and injuries while at Target.

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Miami premise liability lawyers know that Walmart measures everything. They know their numbers. Consider this:

  • Sales per Walmart employee is $236,804 – a 23% increase over the last decade
  • It has more than 1 million retail workers on full-time and part-time shifts.
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What is the one thing you notice when you go shopping at any Target store? The shiny floors and it isn’t a coincidence. At the highest corporate levels of Target, a decision was made to sacrifice consumer safety in favor of bright clean look that would entice customers to shop at Target.

Target home offices are located in Minneapolis, Minnesota. There are more than 1700 Target stores in the United States. In a recent case in South Florida, Target’s procedures and policies were placed under a microscope and the results are disturbing.

The documents and testimony in the commercial premises liability case against Target conclusively demonstrated that Target instituted a company-wide policy of maintaining “WET LOOK” floors. In furtherance of this policy, Target specifically choose certain types of tiles and mandated specific waxing/cleaning procedures. In addition, Target incorporated lighting choices to enhance the bright shiny look of the stores.

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court-room-300x198If you have a personal injury lawsuit in Miami, sooner or later you will likely end up in mediation. So what is mediation? It really doesn’t involve deep measured breaths, closing your eyes and focusing inward (although that might help during an actual personal injury mediation). Florida law and Rules of Civil Procedure provide for and encourage settlement of all legal disputes. The primary format for alternative dispute resolution in Miami is called mediation.

What is a Personal Injury Mediation?

Mediation is a basically a settlement conference with an impartial third party called a mediator who is trained and certified. It usually takes place at a neutral location like the mediator’s office. The parties to the lawsuit attend with their lawyers. Often in personal injury mediation, there is an insurance company involved. The insurance company will usually have a claim representative or adjuster attend the mediation with the insurance defense attorney. Some insurance companies will have designated field representatives who attend all the mediation conferences in the particular jurisdiction. On other occasions, an adjuster will attend the mediation by phone or Skype. In order to attend by phone or Skype, the parties would need to agree. If the parties do not agree, then a motion to allow the adjuster or representative to attend by phone can be filed with the court and a judge can rule on the issue. Typically in a Miami personal injury mediation, the parties will agree to allow the insurance company representative attend by Skype of conference call.