What Happens if You’re Hit by an Uber as a Pedestrian?

If an Uber driver hits you as a pedestrian, you can pursue compensation for medical bills, lost wages, and other losses. However, available coverage depends on the Uber driver’s app status. If the driver accepted a ride or carried a passenger, Uber’s insurance may apply, with exact coverage depending on the app’s status. Otherwise, the driver’s personal insurance will cover the accident.

In pedestrian Uber accident claims, insurance companies may try to shift blame by arguing you entered traffic unexpectedly or ignored a signal. If you face these disputes, our lawyers at Todd Miner Law can help. We gather police reports, witness statements, surveillance footage, and app data to prove the Uber driver’s fault and pursue full compensation. Call 407-894-1480 for a free case evaluation.

What Rights Do Pedestrians Have After an Uber Crash?

After an Uber crash, pedestrians may seek PIP benefits, file a claim against Uber’s commercial policy, or pursue the at-fault driver’s personal auto insurance. In Florida, PIP can cover 80% of reasonable medical expenses and 60% of lost income, subject to policy limits.

After PIP, the next source of compensation depends on the Uber driver’s app status. If the driver was online and waiting for a ride request, at least $50,000 per person in bodily injury liability coverage may apply. However, once the driver accepts a ride or starts transporting a passenger, the available liability coverage increases to at least $1 million.

Here are some other rights you may have after an Uber pedestrian crash:

• Obtain the crash report: You can access the police crash report even during Florida’s 60-day confidentiality period because you were involved in the accident.
• Receive driver information: The Uber driver must provide their name, address, vehicle registration, and available license information after an injury crash.
• Receive uninsured or underinsured motorist benefits: If the at-fault driver lacks enough coverage, your own UM/UIM policy may provide additional compensation if you carry this coverage.
• Pursue pain and suffering: If your injuries satisfy Florida’s statutory threshold for non-economic damages, you may be able to pursue pain and suffering and other losses.
• File a lawsuit: If the insurer refuses fair compensation, you can file a negligence lawsuit within the 2-year deadline.

What Should You Do Right After an Uber Hits You?

After an Uber hits you, call 911, seek medical attention, and stay at the accident scene if you can. You should also note the rideshare vehicle’s license plate number, at-fault driver’s insurance information, and contact details. In addition, photograph the vehicle, your visible injuries, road conditions, traffic signals, and nearby surroundings.

Here are some other steps you should take to strengthen your insurance claim:

1. Get witness information: Ask anyone who saw the crash for their name, phone number, and a brief account of what happened.
2. Request the police report: Confirm the responding agency and obtain the report number so you can request a copy later.
3. Report the crash to Uber: Use the Uber app or reporting system to create a record of the rideshare accident.
4. Preserve app and trip information: Save screenshots, ride details, messages, receipts, and any information showing the driver’s app status.
5. Continue medical treatment: Follow your doctor’s recommendations and attend physical therapy, specialist visits, or follow-up appointments.
6. Keep records of your losses: Save hospital bills, prescription receipts, wage records, and other expenses connected to the accident.
7. Avoid detailed insurer statements: Do not speculate about fault or minimize your injuries when an insurance company contacts you.
8. Speak with a pedestrian accident lawyer: Legal representation can help preserve evidence, identify available coverage, and handle the claims process.

What Compensation Can an Injured Pedestrian Recover?

As an injured pedestrian, you can recover compensation for medical bills, lost wages, and pain and suffering. You may also seek future damages if your injuries require ongoing medical care or affect your ability to work. These damages can include future medical expenses and reduced earning capacity.

Here are some other losses you may include in your claim:

• Permanent disability: Losses caused by long-term mobility problems, physical limitations, or reduced independence.
• Rehabilitation expenses: Physical therapy, occupational therapy, assistive devices, and other recovery-related treatment.
• Scarring or disfigurement: Lasting scars, surgical marks, or other permanent changes to your appearance.
• Loss of enjoyment of life: The impact your injuries have on hobbies, exercise, travel, family activities, and daily routines.
• Property damage: Repair or replacement of personal belongings damaged in the crash, such as a bicycle, phone, or clothing.
• Punitive damages: Additional damages that may apply when the Uber driver’s conduct involved gross negligence or intentional misconduct.

What If Several Drivers Share Responsibility?

When several drivers contributed to a crash, fault may be allocated among the responsible parties based on the evidence. You can then pursue compensation from each responsible driver based on their share of fault.

For example, an Uber driver may speed toward a crosswalk while another driver illegally blocks part of the intersection. Investigators may assign the Uber driver 70% fault for failing to slow down and the other driver 30% fault for creating the obstruction.

Which Traffic Laws Protect Florida Pedestrians?

Florida Statutes § 316.130, § 316.075, § 316.123, and § 316.125 govern pedestrian right-of-way, traffic signals, intersections, and vehicles entering from driveways or private roads. Florida Statutes § 316.1995, § 316.1301, and § 316.1895 also address sidewalk use, protections for vulnerable pedestrians, and school-zone safety.

Here is how these rules protect Florida pedestrians:

1. Crosswalk Right of Way Rules

Florida Statutes § 316.130 sets the main rules for pedestrians using Florida roads and crosswalks. At signalized intersections, drivers must stop for pedestrians crossing with a permitted signal. At other crosswalks, drivers must yield and stop when necessary if a pedestrian is in their half of the roadway.

2. Yielding During Turns at Traffic Signals

According to Florida Statutes § 316.075, a green light does not give an Uber driver an unrestricted right to turn through a crosswalk. Drivers turning right or left must yield to pedestrians who are lawfully within the intersection or adjacent crosswalk.

3. Stopping and Yielding at Intersections

At a stop sign, an Uber driver must stop before entering the crosswalk and check for pedestrians before moving forward. At a yield sign, the driver must slow down and give the right of way when required. If the driver fails to do this and hits a pedestrian, they violate Florida Statutes § 316.123, which can help prove negligence.

4. Yielding When Exiting Private Property

Florida Statute § 316.125 applies when an Uber driver exits a driveway, parking garage, hotel, apartment complex, or other private property. The driver must stop before crossing the sidewalk and yield to pedestrians nearby.

5. Vehicle Use on Sidewalks and Bicycle Paths

Florida Statutes § 316.1995 generally prohibits drivers from operating vehicles on sidewalks or bicycle paths. However, drivers may cross these areas through an authorized driveway. If an Uber driver enters a sidewalk or bicycle path and hits you, that conduct can support your claim against the driver.

6. Speed and Safety Rules in School Zones

An Uber driver must fully stop when a blind pedestrian crosses with a white cane or guide dog under Florida Statutes § 316.1301. The driver must then wait until it is safe to continue. Importantly, a blind pedestrian still has legal protections even without a cane or guide dog.

7. School-Zone Pedestrian Safety

Florida Statutes § 316.1895 requires lower speed limits and traffic controls around school zones to protect children crossing the road. In many urbanized areas, the speed limit cannot exceed 20 mph during designated school hours. If an Uber driver speeds or ignores these controls, that violation can support your pedestrian accident claim.

Can You Still Recover Damages If You Were Jaywalking? 

Yes, you can still recover damages if you were jaywalking when an Uber driver hit you. Under Florida Statutes § 316.130, pedestrians crossing outside a crosswalk must yield to approaching vehicles. However, drivers must still use reasonable care to avoid hitting pedestrians. That means crossing outside a crosswalk does not automatically make you at fault for the crash.

Instead, insurers and courts assess how the crash happened. They may consider where you entered the roadway, how fast the Uber driver was traveling, visibility, traffic conditions, and reaction time. If they find you partly at fault, your compensation will be reduced according to your percentage of fault.

For example, if you are 30% responsible, you can recover 70% of your damages. However, if your share of fault exceeds 50%, Florida law generally prevents you from recovering compensation.

Why Are Uber Pedestrian Accidents Different?

Uber pedestrian car accidents can cause serious injuries because pedestrians have no physical protection from the impact. These crashes also involve risks that are specific to rideshare driving. Uber drivers regularly use navigation, monitor ride requests, locate passengers, and make frequent stops while moving through traffic.

This constant interaction with the Uber app can divide the driver’s attention. At the same time, frequent pickups and drop-offs can lead to sudden stops, quick turns, and unexpected lane changes in pedestrian-heavy areas. All these factors can increase the risk of a rideshare driver hitting a pedestrian, especially near crosswalks, pickup zones, and other crowded areas.

Uber’s involvement can also complicate the insurance claim. The applicable policy depends on the Uber driver’s status when the accident happened. Therefore, your lawyer must gather digital evidence such as GPS data, trip timestamps, and app activity logs to determine the driver’s exact status at the time of the crash.

How Do Insurers Dispute Pedestrian Accident Claims?

Insurance companies may dispute pedestrian accident claims by arguing that you stepped into traffic unexpectedly, crossed outside a marked crosswalk, or ignored a pedestrian signal. They may also question whether the crash caused your injuries, highlight treatment gaps, or dispute which insurer provides coverage.

Here are some other tactics insurance companies use to dispute pedestrian accident claims:

• Claim you were distracted: Insurers may argue you were using your phone, wearing headphones, or looking away before entering the roadway.
• Question your visibility: They may say dark clothing, poor lighting, rain, or nighttime conditions made it difficult for the driver to see you.
• Blame another vehicle: Insurers may argue that another car blocked the Uber driver’s view or created the conditions that led to the pedestrian crash.
• Request recorded statements: Adjusters may ask detailed questions and use inconsistent wording to challenge your account of the accident.
• Blame pre-existing conditions: They may argue that earlier injuries or medical conditions caused your current symptoms.
• Use defense medical examinations: A defense doctor may minimize your injuries or disagree with your treating physician’s recommendations.
• Make an early low settlement offer: Insurers may offer payment before your doctors know the full extent of your injuries or future care needs.

How Long Do You Have to File an Insurance Claim?

You should report an Uber pedestrian accident to the relevant insurance companies as soon as possible after the crash. Florida does not set one universal deadline for notifying every auto insurer. However, your insurance policy may require prompt notice. If you miss that requirement, the insurer may dispute insurance coverage or argue that the delay made it difficult to investigate the rideshare accident.

However, you must follow a separate deadline for filing a personal injury lawsuit. Under Florida Statutes § 95.11(5)(a), you generally have two years from the accident date to file a negligence lawsuit. This deadline applies to accidents that occurred after March 24, 2023. Missing this deadline can prevent you from pursuing compensation through the courts. You should also pay attention to Florida’s PIP requirements. If PIP coverage applies, you must receive initial medical services within 14 days of the accident to qualify for PIP medical benefits.

Can a Child File a Claim After Being Hit by an Uber? 

Yes, a child’s parent or legal guardian can file a claim if an Uber driver hits the child. The claim may include compensation for medical expenses, pain and suffering, future care, and other accident-related losses. However, Florida Statutes Chapter 744 places additional protections on settlements involving minors to protect the child’s financial interests. These protections include:

1. Court Approval of the Settlement

If you already filed a lawsuit for your child, the court must approve the settlement before it becomes final. The judge reviews the terms and checks whether they protect your child’s interests. Court approval can also happen before a lawsuit if a guardian asks the court to review the proposed settlement.

2. Legal Guardianship for Larger Settlements

If your child’s net settlement exceeds $15,000, Florida law requires a guardianship of the child’s property. The appointed guardian manages the money for your child under court supervision. As a result, larger settlement funds cannot simply be released for unrestricted use.

3. Guardian ad Litem Review

The court may appoint a guardian ad litem when the gross settlement exceeds $15,000. In most cases, an appointment becomes mandatory at $50,000 or more, unless an exception applies. The guardian ad litem reviews the settlement independently and checks whether the terms protect your child’s best interests.

4. Bond or Protected Financial Institution

The court may also require the guardian to post a bond before managing your child’s settlement funds. In some cases, the court can place the money with a protected financial institution instead. These arrangements help prevent misuse and keep the funds available for your child.

5. Structured Settlement Payments

A child’s settlement can also be arranged through structured payments instead of one lump sum. This option can spread payments over time and preserve money for future care, education, or other needs. The payment schedule usually depends on the settlement terms and the court-approved arrangement.

How Are Fatal Uber Pedestrian Accidents Handled?

Fatal Uber pedestrian accidents are handled through a wrongful death claim under Florida law. The victim’s personal representative files the claim on behalf of the surviving family members and the estate. This claim replaces the victim’s personal injury action and seeks compensation for the financial and personal losses caused by the death.

Before filing, the court may need to appoint a personal representative through the probate process. The wrongful death complaint must also identify each eligible survivor and explain their relationship to the deceased person. Florida law then determines which damages each survivor can recover.

Depending on the family relationship, recoverable damages may include:

• Lost financial support and household services
• Funeral and medical expenses
• Loss of a spouse’s companionship and protection
• Mental pain and suffering for a surviving spouse
• Loss of parental companionship, instruction, and guidance for eligible children
• Lost earnings and certain net accumulations recoverable by the estate

Hit by an Uber as a Pedestrian? Call Todd Miner Law for a Free Consultation!

In rideshare pedestrian claims, Uber’s insurer may try to shift blame onto you by arguing that you crossed outside a crosswalk, ignored a signal, stepped into traffic suddenly, or were distracted. They use these tactics to reduce your payout. In such cases, you may need legal help, but the cost of paying high lawyer fees can make it difficult to get the support you need.

At Todd Miner Law, we handle your case without charging attorney’s fees upfront. You pay attorney’s fees only if we recover compensation for you. Throughout the case, we gather evidence, negotiate with insurers, and challenge tactics that may reduce your claim. Using this approach, our lawyers have recovered millions in settlements and verdicts for clients across Orlando and Central Florida. Call 407-894-1480 or visit 915 Outer Rd, Orlando, FL 32814 for a free consultation.

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