Why Florida Motorcyclist Should Buy Uninsured Insurance

Every Florida Motorcyclist Should Buy Uninsured Motorist Insurance because, Florida is a paradise for motorcyclists – sunny skies, open roads, and scenic coastlines. But if you ride here, there’s a harsh reality you need to understand: Florida law doesn’t require you to carry bodily injury insurance to register your motorcycle, and that creates a dangerous gap that can ruin your life in the blink of an eye.

Let me break it down for you — and this ain’t legalese, this is real talk.

You’re Not Required to Have Insurance…
but You’ll Wish You Had It

Why Every Florida Motorcyclist Should Buy Uninsured Motorist

In Florida, registering your vehicle (including motorcycles) only requires you to carry $10,000 in Property Damage Liability — that’s it. There’s no requirement for Bodily Injury Liability (BIL) or Personal Injury Protection (PIP) when it comes to motorcycles.

So what happens when some joker rear-ends you while texting, or cuts you off on a turn because they didn’t see your bike?

If they don’t carry Bodily Injury Liability coverage — and most drivers in Florida don’t — guess what? You’re stuck. Broken bones, hospital bills, surgeries, time off work… it all becomes your problem.

What About Suing the At-Fault Driver?

Sure, you can sue. You might even win a judgment. Congratulations — the judge gives you a white piece of paper that says you’re entitled to money.

But let me tell you something: You can’t squeeze green cash out of a broke person.

If the at-fault driver has no assets, no job, or is living paycheck to paycheck, your judgment is worth as much as a soggy napkin at a biker bar. The courts don’t care that you’re hurt, missing work, or swimming in debt — their hands are tied. No assets = no payday.

This Is Why Uninsured Motorist Insurance Is a Lifesaver

Uninsured Motorist (UM) coverage steps in when the at-fault driver can’t pay. Whether they’re completely uninsured, or carrying the Florida minimum (which is practically nothing), your UM coverage pays YOU for your injuries, medical bills, lost wages, and pain and suffering.

It’s not expensive, and it’s damn near essential if you ride.

Let’s face it — you’re exposed out there. No metal frame. No airbags. When someone else screws up, you take the hit — literally and financially — unless you’ve got a safety net in place.

UM coverage puts your own insurance company on the hook to take care of YOU when someone else can’t.

What Is Stacked Uninsured Motorist Insurance – And Why You Should Get It

Now let me share a tip from my personal playbook — stacked UM insurance. If you’ve got more than one vehicle — and most riders do — stacking multiplies your coverage across all your vehicles.

Here’s what I carry:

  • I’ve got $250,000 UM coverage on each of my two bikes — stacked, that’s $500,000 in coverage if I go down.
  • I’ve also got $250,000 on each of my cars. Stacked together with my bike coverage, that gives me $1,000,000 in UM coverage total.

Let that sink in.

If I get hit by someone with no insurance, or not enough insurance, my own policy pays out up to a million bucks to cover my medical care, lost income, pain and suffering, and more. That’s real protection. That’s peace of mind.

You don’t need to carry a million — but stacking even two vehicles with $100,000 each gives you $200,000 in coverage when you need it most. And in this state, you WILL need it eventually.

Don’t cheap out on your future. Stack it. Ride safe.

Real Talk From a Biker and a Lawyer

As an attorney that rides, I’ve seen too many good bikers suffer because they didn’t have the right coverage. They thought, “I’m careful — I won’t crash.” That’s the problem — it’s not you. It’s the other drivers.

People are reckless, distracted, or just plain irresponsible. If you’re not protecting yourself with Uninsured/Underinsured Motorist coverage, you’re one bad accident away from financial disaster.

  • Don’t count on others to carry the insurance you need. Most don’t.
  • Don’t count on the courts to fix your injuries. They can’t.
  • And don’t wait until you’re lying in a hospital bed wondering how you’re going to pay for it all.
  • Call your insurance agent. Ask for stacked UM coverage. It’s worth every penny.

And if you’ve already been hit and don’t know what to do next, call me.

I’m Gabriel J. Carrera — The Attorney That Rides. I don’t just talk the talk — I ride the ride. And I fight for bikers who’ve been wronged.

/by

Biker Down from Behind: Who’s to Blame in Florida?

Rear-End Motorcycle Accidents in Florida: Who’s Really to Blame?

Motorcycle riders face a unique set of risks on Florida’s roads, and rear-end collisions are one of the most common and dangerous types of crashes. Whether you’re the rider getting hit from behind or the one who accidentally taps the vehicle ahead, understanding how Florida law handles these crashes can make or break your injury claim.

Florida’s Rear-End Collision Presumption

In Florida, there’s a legal rule that applies specifically to rear-end accidents: the rear driver is presumed to be at fault. This means that if someone hits you from behind, the law starts with the assumption that they were negligent. This presumption can be a powerful tool for injured motorcyclists seeking compensation.

Let’s say you’re stopped at a red light on your bike and a car slams into your rear tire. That car driver is automatically presumed negligent unless they can prove something unusual caused the crash—like your bike suddenly swerving in reverse or an unexpected hazard forcing them into your lane. In most cases, the burden is on the driver who caused the rear-end crash to show they weren’t at fault.

What If the Motorcycle Rear-Ends Another Vehicle?

It cuts both ways. If you’re the motorcyclist who rear-ends another vehicle, the same presumption works against you. The law assumes you were at fault, unless you can present solid evidence showing otherwise.

This can be challenging, but not impossible. Just saying, “The car stopped suddenly” is usually not enough. To rebut the presumption, you’d need to show something extraordinary occurred—like:

  • The vehicle in front made an illegal or sudden lane change without signaling.
  • The lead car slammed on the brakes for no reason in the middle of traffic.
  • A mechanical failure prevented you from braking in time, and you had the bike properly maintained.

Courts have made it clear that unless there’s clear, credible evidence of one of these factors, the rider will likely be found at fault for the crash.

Why This Matters for Bikers

Motorcyclists are often unfairly judged after an accident. But in rear-end cases, the law can work in your favor—especially if you were the one hit from behind. Because of the presumption of negligence, you may have a strong case for compensation without needing to prove much more than the fact that you were rear-ended.

That said, if you were the one who rear-ended a car, it’s critical to gather evidence immediately. Dashcam footage, witness statements, and accident reconstruction can all help explain what really happened and possibly shift some—or all—of the blame away from you.

What Should You Do After a Rear-End Motorcycle Crash?

  • Call 911 and file a police report. This creates an official record of the accident.
  • Take photos of the scene, your bike, and all vehicles involved.
  • Get names and contact info of any witnesses.
  • Seek medical attention even if you feel okay—injuries often show up hours or days later.
  • Don’t admit fault, and don’t say “I didn’t see them” or “I was distracted.”

Final Thoughts

Rear-end crashes can be devastating for motorcyclists, but Florida law provides important protections—especially if you were the rider who got hit. However, when the tables are turned, and you rear-end someone, you’re going to need solid proof to defend yourself.

If you’ve been involved in a rear-end motorcycle crash—whether you were struck or the one who made contact—consult an experienced motorcycle accident attorney. We understand how these laws work and how to fight for the justice and compensation Florida riders deserve.

/by

Road Hazards & Bikers: Can You Sue for a Crash?

Roadway Conditions and Third-Party Liability: What Florida Bikers Need to Know

As bikers, we know that the road itself can be just as dangerous as other vehicles. Potholes, loose gravel, faded lane markings, and obstructed intersections create serious hazards for motorcyclists. But what happens when one of these road conditions causes an accident? Who is responsible? Understanding Florida’s Slavin doctrine and how it affects liability in roadway defect cases is critical for riders who have been injured due to unsafe road conditions.

Who Is Responsible for Dangerous Road Conditions?

In motorcycle crashes where road conditions, construction work, or poor maintenance are factors, liability can be complicated. Typically, one of the following parties may be responsible:

  • Government Entities (City, County, or State) – Responsible for maintaining public roads, signage, and general roadway safety.
  • Construction Contractors – If a construction company fails to properly complete a roadway project, resulting in hazards.
  • Property Owners – If a private road, driveway, or adjacent landscaping obstructs a rider’s view or creates unsafe conditions.

However, in Florida, contractors and builders may avoid liability for dangerous roadway conditions under the Slavin doctrine once their work has been completed and accepted by a government agency. This rule has significant implications for injured motorcyclists.

The Slavin Doctrine: How It Affects Bikers

The Slavin doctrine, established by the Florida Supreme Court in 1959, states that a contractor is not liable for injuries caused by a dangerous condition if:

  1. The contractor completed the work.
  2. The hazard was obvious or apparent when the government entity accepted the project.
  3. The government agency took responsibility for maintaining the road after completion.

This means that if a city or county accepts a defective roadway project—such as poor drainage leading to standing water, improperly marked lanes, or obstructed views—the contractor is released from liability. The injured motorcyclist must then pursue a claim against the government entity, which can be challenging due to sovereign immunity laws that limit how and when a government can be sued.

Case Example: Valiente v. R.J. Behar & Co.

A real-world example of how the Slavin doctrine impacts motorcycle accident claims is Valiente v. R.J. Behar & Co. (Fla. 3d DCA 2018).

In this case, a motorcyclist was killed at an intersection where tall shrubs obstructed drivers’ views. The victim’s family sued the landscaping contractor, arguing that the overgrown shrubs created a deadly hazard. These shrubs violated local height ordinances, making the intersection unsafe for all road users, especially motorcyclists who have less visibility than cars.

However, the court ruled in favor of the contractor, applying the Slavin doctrine. Because the city had accepted the landscaping project with the shrubs in place, the contractor was no longer liable. Instead, liability fell on the city, which was separately sued but had sovereign immunity protections limiting its financial liability.

For motorcyclists, this case highlights a harsh reality: If a dangerous roadway defect existed when the government approved a project, the responsible contractor might walk away without any liability.

What This Means for Florida Motorcyclists

The Slavin doctrine can make pursuing compensation more difficult for injured motorcyclists in cases involving poor road conditions. Here’s what you need to know:

  • The government, not the contractor, is likely responsible for dangerous roadway conditions if the issue was obvious when the project was completed.
  • Sovereign immunity laws may limit the amount you can recover from a city, county, or state agency.
  • You must act quickly—claims against government entities often have shorter deadlines than regular personal injury lawsuits.
  • Gathering evidence is critical—if you are injured due to a road hazard, take photos, note the location, and get witness statements immediately.

Can You Still Sue for a Road Defect Motorcycle Accident?

Yes, but it depends on the specifics of the case. If a hidden (not obvious) roadway defect caused your crash, the contractor might still be liable. Additionally, if the government entity failed to properly maintain the road, they could be held accountable. However, lawsuits against government agencies have specific procedures and shorter filing deadlines, so it’s crucial to consult with an experienced motorcycle accident attorney as soon as possible.

Final Thoughts

For Florida motorcyclists, road hazards pose real dangers that can lead to serious accidents. While the Slavin doctrine protects contractors from some liability, riders still have legal options when poor road conditions contribute to a crash. The key is knowing who is responsible, understanding how the law applies, and taking action quickly to preserve your rights.

If you or a fellow rider have been injured due to unsafe road conditions, don’t wait—speak with an experienced motorcycle accident attorney to explore your options and ensure you receive the compensation you deserve.

/by

Can You Sue If You Don’t Have a Motorcycle Endorsement in Florida?

Let’s say you’re out riding your motorcycle in Florida. You’re following the rules of the road, not doing anything crazy, and then BAM! A distracted driver plows into you. You’re hurting bad. Bike’s wrecked. Hospital bills start piling up. You start thinking: “Can I sue this Jack-Ass for damages?”

But then it hits you – you never got that motorcycle endorsement on your Florida driver’s license.

So, does that mean you’re outta luck and can’t sue the driver who hit you?

The short answer is: No, you can STILL sue. Let me break it down for you, biker-to-biker and lawyer-to-rider.

What Is a Motorcycle Endorsement Anyway?

In Florida, to ride a motorcycle legally, you need a motorcycle endorsement added to your driver’s license. It shows you took the basic rider course and know what you’re doing. Riding without it is technically a crime—a second-degree misdemeanor.

So yeah, it’s illegal. But that’s a criminal/traffic issue. It’s not a civil issue that blocks your right to sue someone who hits you.

Can You Still File a Lawsuit If You Don’t Have the Endorsement?

Absolutely. Florida law does not stop you from going after the driver who caused your injuries, even if you were riding without that little “Motorcycle Also” endorsement on your license.

If that car or truck driver was at fault, you have every right to sue for:

  • Medical bills
  • Lost wages
  • Pain and suffering
  • Your wrecked bike
  • Future care, and more

Even if you didn’t have your motorcycle endorsement.

But Won’t the Insurance Company Use It Against You?

You bet they’ll try.

The other driver’s lawyer or insurance company might say something like:

“Well, your honor, this biker wasn’t even licensed properly. He didn’t know how to ride!”

That’s a classic insurance defense trick. But here’s the deal: In Florida, just not having a license doesn’t automatically make you at fault. They have to prove that your lack of training or experience actually caused or contributed to the crash.

If you were sitting at a red light and got rear-ended?

No amount of license talk can get that driver off the hook.

Now, if the crash happened because you did something that shows lack of skill—like dropped the clutch in a turn or panicked on the brakes—then maybe they can argue your lack of endorsement played a role. That’s when Florida’s comparative negligence rules come into play.

What’s Comparative Negligence?

Florida follows a rule where blame gets split up if both parties are at fault. If a jury decides you were, say, 20% responsible for the crash, your total money award gets cut by 20%.

So if your case is worth $100,000, you’d get $80,000.

BUT… if you were 0% at fault (like getting hit while riding straight), then you get 100% of your damages. The lack of a motorcycle endorsement doesn’t change that if it had nothing to do with the crash.

What Do the Florida Courts Say About This?

Here’s where it gets real.

In a case called Brackin v. Boles, the Florida Supreme Court said that just violating a license law (like not having an endorsement) doesn’t count as negligence unless it actually caused the accident.

In another case, Stewart v. Draleaus, a guy was riding with a passenger—but his license didn’t allow it. The court said that might be relevant, because carrying a passenger changes how a bike handles. The jury was allowed to hear about it and decide whether it contributed to the crash.

Bottom line: Courts only care about the endorsement if it somehow caused the crash or made your injuries worse.

So What Should You Do If You Get Hit and You Don’t Have the Endorsement?

  1. Don’t panic. You can still sue.
  2. Call a motorcycle attorney who knows the law and knows how to fight these insurance companies.
  3. Don’t admit fault or talk about the license to insurance adjusters—let your lawyer handle that.

Final Word from the Attorney That Rides

I’ve been riding for 46-years and practicing personal injury law in Florida since 2007 aggressively. I know how the law works, and I know how insurance companies think. Don’t let a missing endorsement stop you from getting the money you need to heal and get back in the saddle.

Rider rights matter. And I’ve got your back.

Injured in a motorcycle accident in Florida?

JUST CALL GABE!

954-533-7593

www.AttorneyThatRides.com

/by

Riding Without the Right Insurance?

Insurance Responsibilities in Motorcycle Accidents

Florida is a “no-fault” state for car insurance, but this system does not apply to motorcycles. Unlike drivers of standard vehicles, motorcyclists are not required to carry Personal Injury Protection (PIP) coverage and cannot receive PIP benefits after an accident. This distinction has significant implications for injured riders seeking compensation.

Seeking Compensation After a Motorcycle Accident

Because motorcyclists are excluded from the no-fault system, they must pursue compensation directly from the at-fault driver’s liability insurance or other coverage sources. This usually means filing a liability claim or a lawsuit against the responsible party to recover damages such as:

  • Medical expenses
  • Lost income
  • Pain and suffering

Since PIP benefits are unavailable, motorcyclists must take extra precautions to ensure they have financial protection in case of an accident.

Alternative Insurance Coverages for Motorcyclists

To fill the gap left by the absence of PIP, riders often rely on alternative types of coverage, including:

  1. Medical Payments (MedPay) – Covers some of the rider’s own medical costs, regardless of fault.
  2. Uninsured/Underinsured Motorist (UM/UIM) Coverage – Provides compensation if the at-fault driver has little or no insurance.
  3. Comprehensive and Collision Insurance – Helps cover damage to the motorcycle itself.

Having these additional coverages can significantly improve financial security after an accident, ensuring that riders are not left with excessive out-of-pocket expenses.

Legal Advantages for Motorcyclists

Because PIP does not apply, motorcyclists are not subject to Florida’s “serious injury” threshold that applies to car accident victims. Drivers of four-wheeled vehicles must prove they suffered a serious injury to seek non-economic damages, such as pain and suffering. Motorcyclists, however, can sue for full damages regardless of the severity of their injuries, making it easier to pursue compensation for pain and suffering.

Challenges Under Florida’s New Laws

Recent legislative changes have made it more difficult for injured motorcyclists to recover compensation. Key changes include:

  • Comparative Fault Rule – If a motorcyclist is found 51% or more at fault, they are barred from recovering damages.
  • Elimination of One-Way Attorney Fees – Previously, insurance companies had to pay the plaintiff’s legal fees if the plaintiff won a case. Now, plaintiffs must cover their own legal expenses, making litigation riskier.
  • Stronger Insurance Defenses – New laws have made it harder to sue insurers for bad faith practices, reducing the pressure on them to settle claims fairly and quickly.

What This Means for Florida Motorcyclists

Due to these changes, insurance companies now have more leverage in disputes, making it crucial for riders to build strong cases backed by solid evidence. Motorcyclists should:

  • Ensure they have adequate UM/UIM and MedPay coverage.
  • Gather strong evidence at the accident scene (photos, witness statements, police reports).
  • Consult an experienced motorcycle accident attorney to navigate the evolving legal landscape.

Final Thoughts

Motorcycle riders in Florida face unique insurance challenges that make it critical to understand coverage options and legal rights. While the ability to sue for full damages provides an advantage, the new comparative fault rule and insurer protections pose significant hurdles.

To maximize the chances of recovery after an accident, motorcyclists should have strong insurance coverage and legal representation to counteract the growing difficulties in pursuing compensation. If you’ve been injured in a motorcycle accident, it’s essential to act quickly to protect your rights and secure the financial support you need.

/by

A Quick Glance at Your Phone: Not Enough for Punitive Damages in Florida

In a significant ruling, the Florida Fourth District Court of Appeal clarified when cell phone use while driving crosses the line from negligence to reckless misconduct deserving punitive damages. The case, Creech v. Santomassino, demonstrates that not every instance of distracted driving meets the high threshold for punitive damages. Here’s what happened and why it matters.

The Case: What Happened?

The defendant, driving a truck, collided with a golf cart at an intersection. The key dispute was which driver had the green light. During his deposition, the defendant admitted hearing a text notification, glancing down at his phone to see his wife had texted him, but not responding to the text. He acknowledged that texting while driving is reckless.

The plaintiff argued that the defendant’s glance at his phone was enough to show a “conscious disregard” for safety and sought to amend the lawsuit to include punitive damages. To bolster their claim, the plaintiff cited:

  • Reports equating cell phone distraction to drunk driving.
  • Examples of courts allowing punitive damages in texting-and-driving cases.

The trial court allowed the plaintiff to amend, citing the dangerous circumstances—Halloween, heavy traffic, and the defendant’s admission of negligence.

What Are Punitive Damages?

Punitive damages are not meant to compensate the injured party but to punish the wrongdoer for outrageous or reckless conduct. Florida law requires proof of behavior equivalent to criminal manslaughter—conduct that demonstrates intentional disregard for the safety of others.

The Appellate Court’s Decision

The appellate court reversed the trial court’s ruling. Here’s why:

  1. The “Glance” Was Not Enough:
    The evidence showed the defendant glanced at his phone but did not actively engage with it (e.g., reading or responding to the text). The court found this momentary glance was not sufficient to show recklessness or gross negligence.
  2. Negligence vs. Punitive Conduct:
    While the defendant’s actions may have been negligent, the court emphasized that negligence is different from the kind of outrageous misconduct needed for punitive damages.
  3. Gatekeeping Standards:
    Trial courts have a responsibility to deny amendments for punitive damages unless there’s clear and convincing evidence that a reasonable jury could find the defendant’s actions outrageous or reprehensible. In this case, the plaintiff’s evidence fell short.
  4. Legal Precedent:
    The court compared this case to a prior ruling (Mercer v. Sadler Creek) where a driver held a phone in foggy conditions but didn’t actively use it. The court concluded that passive or minimal contact with a phone does not amount to reckless behavior.

Why Does This Matter?

  1. This decision reinforces the high standard required to pursue punitive damages in Florida. A distracted glance at a phone, while dangerous, does not automatically rise to the level of gross negligence or intentional misconduct. For plaintiffs, this means that claims for punitive damages must be supported by evidence showing more than ordinary negligence.
  2. For drivers, it’s a reminder to stay focused—but also an indication that courts will carefully differentiate between momentary lapses and reckless disregard for safety.

Takeaway for Florida Drivers

  1. Distracted driving is always risky, but as this case shows, not all distractions are created equal under the law. A quick glance at your phone might be negligent, but it’s not enough for a court to punish you with punitive damages. However, keeping your eyes on the road is still the best way to avoid accidents—and lawsuits altogether.
  2. For more legal insights on Florida cases, visit my blog. If you’ve been injured in an accident, JUST CALL GABE for a free consultation!
/by

Rethinking Parental Immunity: Should Insurer Bad Faith Be an Exception or the Doctrine Be Abandoned Altogether?

A young boy’s visit to his father in Florida turned tragic after a nighttime fishing trip. Following an enjoyable evening on one of Florida’s many fishing bridges, the father and son were headed home around 11 p.m. in a car owned by the father’s wife. Along the way, a collision occurred when another vehicle turned in front of them. The crash, partly attributed to the father’s speeding and driving without headlights, left the boy with a traumatic brain injury after he was thrown into the dashboard. Despite clear evidence of negligence, the stepmother’s insurer refused to settle the claim, leading to protracted litigation. Ultimately, the insurer was found to have acted in bad faith when a verdict far exceeded the policy limits. Unfortunately, the child may never receive full compensation for his injuries due to Florida’s doctrine of parental immunity.

The Origins of Parental Immunity

Parental immunity, unlike interspousal immunity rooted in English common law, originated in the United States. The Mississippi Supreme Court first articulated the doctrine in Hewellette v. George (1891), barring a minor child from suing her mother. The court reasoned that family harmony and societal peace necessitated such immunity.

Florida adopted this doctrine in Orefice v. Albert (1970), where the court barred lawsuits between children and their parents to safeguard family resources and relationships. This stance emphasized the preservation of “family harmony and resources” as paramount.

Challenging the Doctrine: Ard and Waite

In Ard v. Ard (1982), the Florida Supreme Court revisited parental immunity. The case involved a mother whose negligent actions placed her infant son in harm’s way, resulting in severe injuries. Acknowledging the historical policy goals of the doctrine, the court recognized that the widespread availability of liability insurance had changed the landscape. It ruled that parental immunity should be waived to the extent of available insurance coverage, as such cases no longer threatened family assets or harmony.

Similarly, in Waite v. Waite (1993), the court struck down interspousal immunity, citing shifting societal norms and the trend among other states to abandon the doctrine. These cases signaled cracks in the armor of absolute family immunities.

The Role of Liability Insurance and Public Policy

The evolution of liability insurance reshaped how courts view family immunity doctrines. States that have abrogated or limited parental immunity often emphasize that insurance coverage eliminates the adversarial nature of intra-family lawsuits. Instead of depleting family resources, compensation flows from the insurer. At least 24 states have moved to fully or partially abolish parental immunity, permitting lawsuits where a parent’s negligence caused injury to their child.

Florida, however, has yet to take this step.

Stepparents and Parental Immunity

The case of the injured boy raises another question: should parental immunity extend to stepparents? Florida law has historically drawn distinctions between parents and stepparents in various contexts, such as probate and child welfare statutes. Courts in other jurisdictions have generally declined to extend parental immunity to stepparents unless they stand in loco parentis to the child. This nuanced approach reflects an understanding that the stepparent’s role may differ significantly from that of a natural or adoptive parent.

Insurer Bad Faith: A Compelling Exception?

Florida law imposes a duty of good faith on insurers to fairly evaluate and settle claims within policy limits. When an insurer acts in bad faith, it becomes liable for damages exceeding those limits. The doctrine of parental immunity, however, can shield insurers from bearing full responsibility for such damages, even when their bad faith has exacerbated the harm.

In cases like Allstate v. Sutton (1998), Florida courts have recognized that bad faith determinations can expose insurers to liabilities beyond policy limits. Extending this principle to parental immunity would serve public policy goals. If bad faith by an insurer results in full compensation for a child’s injuries, family resources remain intact, and family harmony may be preserved.

The Path Forward: Abrogation or Reform?

The rationale for parental immunity—protecting family resources and harmony—diminishes when liability insurance is involved. Rather than fostering family unity, the doctrine can hinder justice and discourage insurers from handling claims in good faith. Florida should join the growing number of states that have either abolished parental immunity or created exceptions in cases involving insurer bad faith. Such a step would align with modern legal and societal values, ensuring that children injured by parental negligence receive fair compensation while holding insurers accountable for their actions.

By retaining this outdated doctrine, Florida risks enabling insurers to act in bad faith without consequence. Reform is necessary to ensure justice for injured children and to promote ethical claims handling practices within the insurance industry.

/by

What Are the Damages Recoverable in a Florida Uber Accident?

There are several damages you can claim in a Florida Uber accident. They include medical expenses, lost wages, pain and suffering, property damage, permanent disability or disfigurement, loss of consortium and punitive damages.

Medical Expenses After an Uber Accident

If a person suffers injuries in an Uber accident, the rideshare company’s insurance bodily injury coverage can pay up to $50,000 per person.

Lost Wages After an Uber Accident

Many who suffer injuries after an Uber accident require time off from work to recover. This gives them the chance to recover lost wages damages from Uber’s insurance coverage.

Pain and Suffering After an Uber Accident

Pain and suffering is another damage you can claim if you’ve suffered injuries after being involved in an Uber accident. The rideshare’s insurance should cover such damages.

Property Damage After an Uber Accident

After an Uber accident results in property damage, Uber’s insurance policy kicks in at $25,000 to cover the costs of such damage. This applies to the vehicle of another person who gets into an accident with an Uber driver and passengers whose property is damaged.

Permanent Disability or Disfigurement After an Uber Accident

If a person is permanently disabled or left disfigured in an Uber accident, Uber’s insurance coverage for bodily injury kicks in to compensate the victim.

Loss of Consortium After an Uber Accident

If an Uber accident leaves a person unable to enjoy things they once took for granted such as enjoying a romantic, intimate relationship with their spouse or partner, they can claim loss of consortium as part of their damages.

Punitive Damages After an Uber Accident

Punitive damages may be awarded to an injured person if they were in an Uber accident in which the driver acted recklessly. For example, if an Uber driver had a passenger in their vehicle and drove recklessly while knowing they were putting the passenger and others in danger and an accident occurred, anyone left injured could be awarded punitive damages for the driver’s behavior. It should be noted that these damages aren’t given to reward a plaintiff; instead, they are meant to punish a defendant for outrageous conduct.

By now you are ready to share your story with Attorney Gabriel J. Carrera in a free case evaluation by calling 954-533-7593 or emailing him at [email protected], Let Gabe fight for you!

/by

How Uber’s Insurance Policy Operates

Similar to other rideshare services, Uber has an insurance policy to cover damages resulting from an accident involving one of its drivers. Whether this coverage applies depends on the status of the Uber driver and whether they are using the app at the time of the incident. If the driver does not have the app open, indicating they are off duty, their personal auto insurance policy applies in case of an accident.

Uber’s insurance covers incidents that occur when the driver has the app open while waiting for a ride request (period 1), while they are en route to pick up a passenger (period 2), and when they have a passenger in the vehicle (period 3).

During period 1, Uber’s insurance provides $50,000 in bodily injury per person, up to $100,000 in bodily injury total, and $25,000 in property damage liability if an accident occurs.

In period 2, Uber’s insurance offers uninsured and underinsured motorist coverage if an accident happens, resulting in injuries to the driver and passengers or only the passengers. This applies when the driver is at fault and lacks insurance or has insufficient coverage.

In period 3, Uber’s insurance includes collision and comprehensive coverage, which pays for damages to another vehicle at full value. However, there is a $2,500 deductible that must be paid out of pocket before Uber’s insurance coverage applies.

Understanding Compensation Recoverable from Uber Accidents

Victims of Uber accidents can claim compensation for injuries, property damage, and lost wages. This includes medical expenses, lost income, property damage repairs, and temporary transportation if the victim’s vehicle is under repair or totaled. Additionally, victims can seek compensation for pain and suffering, future medical expenses, loss of earning capacity, and wrongful death if applicable.

Florida’s Statute of Limitations for Uber Accident Claims

In Florida, the statute of limitations for filing a lawsuit for an Uber accident is two years. It is crucial to file within this timeframe if you have suffered injuries to ensure you can recover compensation.

By now you are ready to share your story with Attorney Gabriel J. Carrera in a free case evaluation by calling 954-533-7593 or emailing him at [email protected], Do NOT leave money on the table let – Gabe fight for you!

/by

Comprehending Uber Accident Dynamics in Florida

When you need a ride but are unable to drive yourself, Uber is among the many available options in Florida. It offers a swift, convenient, and cost-effective way to travel from one location to another. With just a few taps on the Uber app, you can request a vehicle to pick you up and take you to your destination. However, like all vehicles, rideshare cars are not immune to accidents. Uber has a unique accident history, and there are various causes behind these incidents.

Uber’s Accident Track Record

As one of the leading rideshare services in Florida and beyond, Uber has inevitably experienced road accidents. Some of these incidents are minor, causing little to no injuries. However, others have been severe, resulting in fatalities.

Uber publishes U.S. Safety Reports to shed light on the number of fatal accidents involving their drivers. For instance, their reports indicate that 107 individuals lost their lives in 97 crashes involving Uber vehicles in 2017 and 2018. Notably, many of these accidents happened at lower speeds than the national average for car accidents and predominantly occurred at night in well-lit areas.

While Uber’s report focuses on fatal crashes, it does not address non-fatal accidents. In one notable case, a pedestrian who sustained injuries and recovered sued the driver and Uber, alleging that the driver was distracted by his smartphone. Due to the nature of rideshare services, drivers must use their phones and the Uber app to find and pick up passengers, which can lead to distractions.

Common Causes of Uber Accidents

Uber accidents can result from numerous factors. Some of the most prevalent causes include distracted driving, fatigue, speeding, reckless or aggressive driving, failure to yield the right of way, driving under the influence (DUI), adverse weather conditions, mechanical failures, inexperienced drivers, road hazards, GPS or navigation errors, and disturbances from passengers.

Distracted Driving in Uber Accidents

Distracted driving is a leading cause of car accidents, and Uber drivers are no exception. Since Uber drivers need to be on the app for their work, this can lead to distraction. A driver might focus on the app to check for their next passenger, potentially missing crucial road signals or obstacles. For example, a pedestrian might be crossing the street, the traffic light could be red, or oncoming traffic might have the right of way while the Uber driver is making a turn. These are just a few scenarios where distracted driving can cause accidents.

Fatigue in Uber Drivers

Driving while fatigued can impair a driver’s abilities similarly to driving under the influence. If an Uber driver works while tired, it can lead to serious accidents, even if they don’t fall asleep at the wheel. Fatigue can diminish a driver’s judgment, reaction time, and control over their vehicle, increasing the risk of a crash.

Speeding and Uber Accidents

Speeding is another major cause of collisions, including those involving Uber vehicles. If a driver exceeds the speed limit, it becomes harder to control the vehicle, affecting steering, braking, and stopping. Speeding can lead to severe accidents, catastrophic injuries, and fatalities.

Reckless and Aggressive Driving

Reckless and aggressive driving poses a significant risk to everyone on the road. Uber drivers who engage in such behavior can cause serious accidents, resulting in severe injuries or death. Uber drivers are responsible for driving safely and avoiding reckless or aggressive behavior to protect their passengers and others on the road.

Failure to Yield Right of Way

Accidents can occur when Uber drivers fail to yield the right of way. Whether another car has the green light, reached a stop sign first, or if a pedestrian is in the crosswalk, the Uber driver must yield. Failure to do so is a common cause of accidents.

Driving Under the Influence (DUI)

Driving under the influence is extremely dangerous and can lead to horrific accidents. An Uber driver intoxicated by alcohol or drugs poses a severe risk to passengers and others on the road. DUI impairs a driver’s judgment, cognitive abilities, and control over the vehicle, making accidents more likely.

Adverse Weather Conditions

Uber drivers, like all drivers, must take precautions when driving in poor weather conditions. Many people underestimate the dangers of driving in the rain, leading to accidents due to not slowing down and maintaining extra space between vehicles. Using high beams during heavy rain or fog should be done cautiously to avoid blinding other drivers. Ensuring the vehicle is well-maintained for specific weather conditions is also crucial to avoid accidents.

Mechanical Failures

Mechanical failures can contribute to Uber accidents and are sometimes beyond the driver’s control. However, Uber drivers must ensure their vehicles receive regular maintenance, such as oil changes, proper tire care, and addressing any known defects promptly. Neglecting vehicle maintenance can lead to unexpected accidents.

Inexperienced Drivers

Uber and other rideshare companies aim to hire skilled drivers, but occasionally, inexperienced drivers are employed. This can lead to a higher likelihood of accidents due to their lack of experience. Hiring inexperienced drivers can pose significant risks to passengers and others on the road.

Road Hazards

Road hazards such as potholes, debris, and other obstacles can cause even the most cautious Uber driver to lose control and have an accident. Swerving to avoid road hazards can also lead to collisions if not done carefully.

Other Drivers

Other drivers’ actions can significantly impact Uber accidents. Even if an Uber driver is driving safely, they cannot control other drivers who may be distracted, intoxicated, or otherwise negligent, leading to accidents.

GPS or Navigation Errors

Errors in GPS or navigation systems can cause Uber drivers to take wrong turns or drive against traffic. These errors can also distract drivers as they try to correct their route, leading to accidents.

Passenger Disturbances

Although rare, passenger disturbances can also cause Uber accidents. If a passenger is rowdy, loud, or gets into a fight, it can distract the driver and lead to a loss of focus, potentially resulting in an accident.

By understanding these factors, passengers and drivers can be more aware of the potential risks and take steps to prevent accidents, ensuring safer rides for everyone.

By now you are ready to share your story with Attorney Gabriel J. Carrera in a free case evaluation by calling 954-533-7593 or emailing him at [email protected]

/by