Fatal Ride Share Accident
Ridesharing companies like Uber have become a phenomenon that has taken over the way people commute all over the world. Uber alone estimates 15 million trips are completed a day by 3 million drivers in 65 countries.
A newer model car, minimum insurance, and a minimal background check are all a person needs to put their driving skills and vehicle to work earning fares.
Drivers who are distracted by constantly checking their ride-share gps app and are further exhausted by countless hours behind the wheel are a serious danger to their passengers and all other drivers on the roadways. Unsurprisingly this combination has led to a rise in accidents involving rideshare drivers. From something as small as a fender bender to a gruesome fatal car crash, a momentary lapse in focus behind the wheel can have fatal results.
Nothing in the world can prepare someone for the loss of a loved one at the hands of a rideshare driver. Monetary compensation for their death will never replace or soothe the pain of losing someone, but it can bring a sense of justice and assist loved ones with the costs and fall out of losing a father or mother.
Fatal Ride Share Accident Lawyer
Abrams Justice has years of experience helping families affected by fatal accidents in the Miami-Dade area. There is nothing worse than feeling lost or helpless after the death of a loved one. Ivan and Isabel Abrams take the time to connect with the entire family and learn about the incredible person who was taken from this earth much too soon.
The last thing you want to deal with after the death of a loved one is a lawsuit, but it’s important to ensure that those who are responsible are brought to justice. Abrams Justice will serve your interests and walk you through the process of receiving fair compensation.
If you live in the Miami-Dade area including Miami lakes, Palmetto Bay, Surfside, Florida City and North Bay Village, contact Abrams Justice Trial Attorneys at (305) 709-0880 or fill out an online form to schedule a free consultation with experienced lawyers who will handle the case with dignity and respect for the grieving family.
Fatal Ride Share Accident Information Center
- Responsible Party in Fatal Rideshare Accident
- What Can Be Recovered in a Fatal Rideshare Accident?
- Resources for Fatal Rideshare Accident
Responsible party in Fatal Rideshare Accident
When someone is killed in an accident, the big legal question becomes, ‘Who is at fault?’
The state of Florida has a comparative negligence system that compares each driver’s negligence in an accident and only allows them to seek damages for the percentage of the accident that they are not at fault for. For example, if one of the drivers in an accident is found to be 10 percent negligent, they may only seek 90 percent of their damages.
Proving negligence in Florida involves four crucial elements:
- Driver had a duty not to harm the victim– All drivers have a legal obligation to act with care towards other drivers and not cause harm.
- The driver breached his/her duty by acting negligently or recklessly– A breach of duty means that a party did not act in a manner that a reasonable person would have. This can include things such as texting while driving or a failure to obey traffic laws.
- The driver’s breach of duty directly caused the victim’s injuries- To put this another way: if it were not for the act of the negligent party, the accident would not have happened.
- The victim’s injuries caused them to suffer damages- The injury must have caused the victim to experience damages such as a physical injury, pain and suffering, medical bills and lost wages.
What can be Recovered in a Fatal Ride Share Accident?
In Florida law, wrongful death is defined as the death of a person caused by the wrongful act, negligence, default or breach of contract of another person or entity. The estate of the deceased person may sue the person or entity responsible for their death and the losses stemming from it.
If a rideshare driver’s negligence was the cause of a person’s death in an accident, their survivors can sue for damages in a wrongful death case. Recovery of damages can only come in the form of money and will be paid to the estate before going to other beneficiaries. The following are some examples of what money can be recovered and by who in a wrongful death suit.
Spouse– Surviving spouses can recover for mental pain and suffering as well as for loss of companionship and protection. Loss of companionship and protection refers to the deprivation of benefits of married life such as love and affection.
Minor Children– Minor children can recover for lost parental instruction, guidance and companionship as well as for mental pain and suffering.
Parents– Parents can only recover mental pain and suffering damages if there are no other survivors.
Medical and funeral expenses can also be recovered in a wrongful death suit if any of the surviving family members have paid for them before the lawsuit was filed. Most states including Florida have a statute of limitations for a wrongful death suit. Florida Statutes section 95.11(4)(d) requires a wrongful death suit to be filed within two years of the date of death.
Resources for Fatal Ride Share Accident
Wrongful Death Statute– This link provides information on the statute in Florida state law that explains a wrongful death and the liability of those responsible. There is also information on other Florida statues, recent changes to the law and an information center for frequently asked questions.
Bereavement Support Groups– This link provides resources for anyone who is dealing with loss and wants to find people who will help them go through their tragedy. This link provides the names, locations and phone numbers of support groups all over the state of Florida.
ABRAMS JUSTICE TRIAL ATTORNEYS | Fatal Ride Share Accident lawyer
It is important that you understand that you are not alone after the death of a loved one. Abrams Justice will be there for you to make sure you and your family are taken care of for the foreseeable future. There is no reason you should have to worry about money and the livelihood of you and your family after the death of a loved one due to someone else’s negligence. Your future should be secure, and the experienced lawyers from Abrams Justice will ensure you get the justice that you deserve.
If you live in Miami-Dade County including, the City of Miami, Doral, Cutler Bay, Homestead, Hialeah, Palmetto Bay, Pinecrest, and Miami Beach and other surrounding areas contact Abrams Justice at 305-709-0880 to get an advocate on your side who understands what you are going through.