Hurt in an Uber or Lyft Crash? Brain Injuries Need Careful Legal Attention

Uber Lyft Accident Brain Injury Lawyer: Rideshare Claims in Florida

By Igor Hernandez, CHG Lawyers, Coral Gables, Florida

Uber Lyft Accident Brain Injury Claims: Your Legal Rights After a Crash

If you were hurt as a passenger in an Uber or Lyft crash, you may have a traumatic brain injury (TBI). A TBI is an injury to the brain.

If you were hurt in a rideshare crash and have a brain injury, talking with an attorney can help you understand your options and the next steps to consider. You may be able to seek compensation from the at-fault driver, the rideshare company, or both. This depends on the facts.

Brain injuries can be serious and long-lasting. Outcomes vary. Please follow your doctors’ care.

This guide explains what a rideshare brain injury claim may cover. It walks you through the general legal process. It can help you decide whether to move forward.

What Is a Rideshare Brain Injury Claim?

A rideshare brain injury claim is a legal case. It asks for compensation. Compensation is money to pay for your losses.

It may apply when a passenger has a traumatic brain injury in an Uber or Lyft crash.

A claim may involve driver negligence, reckless driving, mechanical failure, or unsafe conditions. This depends on the facts.

A passenger or family members may be able to bring a claim. This depends on the facts and Florida law. It may apply if the injury was fatal. A claim may be brought against the driver, the rideshare company, or both.

Brain injuries from rideshare crashes can be serious. Some symptoms may not be visible right away.

Care needs may include:

• Cognitive rehabilitation (therapy to help with thinking, memory, and focus)
• Adaptive support

A crash can affect work, daily life, and independence. Outcomes vary by person.

Who This Is For

This information may be for you if:

• You were a passenger in an Uber or Lyft vehicle involved in a crash.
• You have a traumatic brain injury. This may include a concussion with ongoing symptoms, diffuse axonal injury (widespread damage to nerve fibers in the brain), brain contusions (bruising of the brain), or other serious brain damage.
• The crash was caused by driver error, reckless driving, distraction, impairment, or vehicle maintenance failure.
• You face medical bills, lost income, cognitive or physical disabilities, or permanent life changes.
• You want to understand your rights and whether you may have a viable claim.

What a Rideshare Brain Injury Claim Covers

Compensation in a rideshare brain injury claim may include the following.

Medical Expenses

These may include:

• Emergency care and hospitalization
• CT and MRI imaging (scans that show the inside of the body)
• Neurology consultations (visits with brain and nerve doctors)
• Rehabilitation, physical therapy, occupational therapy, and speech therapy
• Ongoing treatment and future medical care related to your brain injury

Lost Income

This may include wages lost during recovery and any ongoing disability. If a brain injury affects your ability to return to prior work, or lowers your earning capacity, past and future lost income may be part of a claim.

Pain and Suffering

Damages are money awarded for your losses. Damages for physical pain, cognitive impairment, emotional distress, loss of enjoyment of life, and permanent disability caused by a brain injury may be part of a claim.

In a Florida motor-vehicle claim, damages for pain, suffering, mental anguish, and inconvenience generally require an injury that meets one of the permanency categories in § 627.737(2). A permanency category is a legal standard for how lasting an injury must be. Comparative fault may also reduce recovery under § 768.81. Comparative fault means shared blame.

Rehabilitation and Adaptive Equipment

Costs for therapy, home modifications, assistive devices, or personal care attendants may be part of a claim. These can support recovery and daily functioning.

Wrongful Death Damages

If a passenger dies from brain injuries in a crash, Florida law may allow a family to bring a wrongful death claim. Whether this applies, and what damages may be available, depends on the facts and applicable law.

Punitive Damages

In some cases involving gross negligence or reckless conduct by the driver, a court may consider punitive damages. These are damages meant to punish serious misconduct. Whether they apply depends on the facts and applicable law.

How Rideshare Liability Works

Knowing who may be responsible for your injuries is important to your claim. Responsibility under the law is called liability.

Rideshare Driver Liability

Whether a rideshare company may be liable depends on the facts of each case and applicable law. Possible claims may involve:

• Inadequate driver screening
• Failure to remove unsafe drivers

Insurance Coverage

Florida law sets minimum insurance amounts for transportation network company (TNC) drivers. A TNC is a company that connects riders with drivers through a digital app. These amounts apply while a driver is logged on to the app but is not engaged in a prearranged ride. § 627.748 sets these amounts:

• Logged on but not engaged in a prearranged ride: primary automobile liability coverage of at least $50,000 per person and $100,000 per incident for death and bodily injury, and $25,000 for property damage. Personal injury protection benefits also apply under the statute.
• Engaged in a prearranged ride: primary automobile liability coverage of at least $1 million for death, bodily injury, and property damage.

The same statute allows a driver’s personal automobile insurance policy to exclude coverage while the driver is logged on to the app or providing a prearranged ride. Available coverage depends on the policy terms and the driver’s status at the time of the crash.

Third-Party Liability

If another vehicle caused the crash, that driver may be legally responsible. Any claim would be evaluated against that driver and the coverage available, subject to Florida law. We review all potentially responsible parties.

Comparative Fault

Under Florida law, contributory fault generally reduces damages. Contributory fault means the injured person also shares some blame. It does not bar recovery unless the person seeking damages is found greater than 50 percent at fault. § 768.81 governs this rule. Your recovery is reduced by your percentage of fault.

The Rideshare Brain Injury Claim Process: What to Expect

A rideshare brain injury claim may follow these general steps.

Step 1: Initial Consultation

We discuss your accident, your injuries, your medical records, and your insurance details. We review whether a claim may exist. This depends on the facts, the records, and applicable law. We explain your options.

CHG charges no attorney’s fees and no case costs unless there is a recovery.

Step 2: Investigation

We may obtain police reports, crash data, driver records, vehicle maintenance logs, and witness statements. We may hire accident reconstruction experts to help show how the crash happened. Liability depends on the facts of each case.

Step 3: Medical Evaluation

We work with neurologists and other medical specialists to document your brain injury. Your doctors determine your diagnosis and treatment. Medical records may be important to your claim, depending on the facts.

Step 4: Demand and Negotiation

We may prepare a demand letter with medical records and documented losses. A demand letter asks the other side to pay a claim. We may negotiate with the rideshare company’s insurance carrier.

Step 5: Settlement or Litigation

If a settlement is reached, the agreement will set out its terms. If not, we may file a lawsuit and prepare the case for trial.

Timeline

How long a claim takes depends on injury severity, case complexity, and whether litigation is necessary. We aim to keep you informed as your case moves forward.

How We Handle Rideshare Brain Injury Claims

Brain Injury Focus

CHG focuses on personal injury claims. This includes serious brain injuries and other permanent injuries. The firm handles personal injury matters of any severity. When reviewing a claim, we consider the long-term medical, financial, and personal effects of a brain injury.

Rideshare Claims

We review the insurance coverage, company policies, and Florida law that may apply to rideshare crashes.

Medical Collaboration

When a case calls for it, we may work with neurologists, neuropsychologists, life-care planners, and rehabilitation specialists.

Serving Florida

CHG is based in Florida and represents people in Florida. We apply Florida law to your case.

Fees and Costs

CHG charges no attorney’s fees and no case costs unless there is a recovery.

Common Questions About Rideshare Brain Injury Claims

Factors That May Matter in a Rideshare Brain Injury Claim

Several factors may be relevant to a claim:

• Liability: Evidence about whether the rideshare driver or another party was negligent or at fault
• Documented injury: Medical records, imaging, and specialist reports about the brain injury and its severity
• Causation: Medical evidence about how the crash relates to your brain injury. Causation means proof that the crash caused the injury. It depends on the facts and medical records of each case.
• Damages: Documentation of medical expenses, lost income, rehabilitation costs, and ongoing care needs
• Consistent treatment: Medical records and testimony from treating professionals

Related Resources

• Learn more about catastrophic injury cases and your legal options.
• Explore how we handle traumatic brain injury compensation.
• Understand your rights in rideshare accident claims.

Get Your Case Evaluation

If you suffered a traumatic brain injury as a passenger in an Uber or Lyft crash, you may have a claim for compensation. This depends on the facts and applicable Florida law. We can review your accident, your injuries, and your rights during an initial consultation.

CHG charges no attorney’s fees and no case costs unless there is a recovery.