Can I Seek Punitive Damages in a Florida Rideshare Accident Case?

If you’ve recently been involved in a rideshare accident in Florida, you’re probably feeling a mix of emotions. You might be confused, worried, or uncertain about what steps to take next. It’s completely understandable to have questions, especially about what compensation you may be entitled to, including the possibility of punitive damages. This blog will walk you through the key elements of a Florida rideshare accident case and whether you can seek punitive damages.

We at the firm understand that after an accident, the journey toward recovery can be overwhelming. Not only do you have to deal with medical bills, insurance companies, and possibly even lost wages, but you may also be wondering if you can get additional compensation for the actions that led to the accident. That’s where we come in. We want to help guide you through this process, ensuring that you have a clear understanding of your rights and options.

What Are Punitive Damages?

Before we dive into whether punitive damages are available in a Florida rideshare accident case, let’s first clarify what punitive damages are. Unlike compensatory damages, which are meant to cover medical expenses, lost wages, and pain and suffering, punitive damages are awarded in cases where the defendant’s actions were particularly reckless, malicious, or intended to cause harm. These damages are not designed to compensate the victim for their losses but rather to punish the wrongdoer and deter similar behavior in the future.

In many cases, punitive damages are only awarded when the defendant’s conduct is seen as grossly negligent or intentionally harmful. For example, if a rideshare driver was driving under the influence of alcohol or drugs at the time of the accident, this may be considered gross negligence, which could make the case eligible for punitive damages.

When Are Punitive Damages Available in a Rideshare Accident?

In Florida, the law allows for punitive damages to be awarded in certain types of personal injury cases, including those involving rideshare accidents. However, the circumstances of the accident must meet specific criteria. In general, you can seek punitive damages if the defendant’s actions were more than just ordinary negligence.

Michael Serrano

Founding Attorney

Candace “Cea” Hartley

Associate Attorney

For example, if the rideshare driver was engaging in behavior such as speeding excessively, driving while impaired, or acting in a way that shows a blatant disregard for the safety of others, there may be grounds for punitive damages. This can also extend to rideshare companies, though it’s more common to pursue punitive damages against the driver directly.

Florida law requires that you prove by clear and convincing evidence that the defendant acted with gross negligence or intentional misconduct. This is a higher standard than the one used for compensatory damages, which only requires proving negligence. Gross negligence, in this case, refers to behavior that is so reckless that it goes beyond simple carelessness and shows a disregard for the safety of others.

Mike Serrano’s law office was everything I needed after a very traumatic accident. He was always super up front and honest with me. I never got the feeling he was trying to sell me on something or to do something that I wasn’t comfortable with. He listened to my concerns and when it tough moments came that I needed to stand my ground. He backed me and made me feel 100% secure. He got me exactly what I needed in a settlement and I would never consider using anyone else. His office staff is also phenomenal.”

- Mary

Mike Serrano was a great attorney for my case!! He was very flexible with phone calls/ Zoom meetings. His staff are always friendly, whether it be on the phone or emails. They keep you updated during your entire case! They don’t leave you silent for months. if you call, they always call back with updates! Highly recommend!"

- Kylie Collier Border

I’ve never had to deal with a lawyer before but Mike has set the bar HIGH. He was always available to communicate my concerns and explain each step of the way. I know no other lawyer would have been able to achieve the same results because he jumped on an opportunity that was a little out of the ordinary and it paid off. He really fought for my case and over delivered. I really hope I never have another accident but if I do I’m running to Mike for help."

- Sandy Carter

The Role of Rideshare Companies in Punitive Damages

In a rideshare accident case, there’s often the question of whether the rideshare company itself can be held liable for punitive damages. While rideshare companies like Uber and Lyft generally aren’t held responsible for the negligent actions of their drivers, there may be circumstances where they can be held accountable for actions that go beyond simple negligence.

For example, if a rideshare company knowingly allows unsafe drivers to operate on its platform or fails to enforce safety standards, they could be held liable for punitive damages. However, this is a much more complex area of law and would require a detailed investigation of the company’s practices and policies.

The Process of Seeking Punitive Damages

If you believe your rideshare accident case may qualify for punitive damages, it’s important to work with an experienced attorney who can guide you through the process. First, your attorney will need to gather evidence that shows the defendant acted with gross negligence or malicious intent. This may include obtaining police reports, witness statements, and any video footage from the accident.

Once this evidence is collected, your attorney will need to file a lawsuit and prove that the defendant’s actions warrant punitive damages. This can involve presenting arguments in court and demonstrating that the defendant’s behavior went beyond ordinary negligence.

Related Videos

It’s also important to note that Florida law places caps on punitive damages. The amount of punitive damages you can seek will depend on the specifics of your case. In some situations, punitive damages can be as high as three times the amount of compensatory damages awarded, but there are limits to how much can be awarded, especially in cases involving corporate defendants.

Challenges in Seeking Punitive Damages

While it is possible to seek punitive damages in a Florida rideshare accident case, it is not an easy process. Florida courts are very careful when awarding punitive damages, and they only do so in cases where the defendant’s actions were truly outrageous. This means that proving gross negligence or intentional misconduct can be difficult and may require a thorough investigation and expert testimony.

Case Results

Car Accident

This client was injured in an auto accident with a driver who improperly merged into her lane. Her vehicle was totaled. She sustained an aggravation of her pre-existing disc herniations in her neck and new disc herniations in her lower back. We obtained the full limits of both the at-fault driver’s bodily injury coverage and our client’s underinsured motorist coverage, which were significant. The settlement was achieved without a law suit and within four months after the client finished treating.

Rear End Collision

This particular client was injured in an accident in late 2015 when she was rear-ended. She sustained an aggravation of pre-existing disc herniations in her neck and a new disc herniation which ultimately required a surgical fusion. By the time of trial, her medical bills exceeded $180,000.00. The Defendants’ offer pre-suit was $20,000.00. We were able to obtain a jury verdict of $441,000.00, plus attorneys’ fees.

Car Accident

A client was injured in a rear-end collision where he sustained an aggravation of a pre-existing disc bulge that developed into a herniation in his lower back. We obtained a jury verdict which was over 6 times what had been offered prior to trial.

Car Accident

In this case, our client injured her shoulder after being struck by a vehicle while she was performing volunteer services. The driver was traveling at such a high rate of speed entering a parking lot that he clipped another vehicle, hit a parking barrier and was launched into a tree. After the client attempted to negotiate with the insurance company prior to hiring us, we were able to obtain an amount that was over double the prior offer.

Intentional Torts

Our client was injured from an assault by a patron of a party while working security. His shoulder required multiple surgeries. He hired our office to pursue a claim to recoup his medical bills, which exceeded $130,000.00. After his assailant offered him $10,000.00 to resolve his case, we took the case to a jury to decide. The jury awarded our client all of his medical bills and tripled his award for pain and suffering.

Car Accident

This client came to us about a car wreck that occurred in 2014 where she sustained injuries. She approached our firm just one week before the statute of limitations was set to expire after being turned away by several other law firms. We filed a lawsuit and were able to obtain the limits of the at-fault driver’s bodily injury coverage and an additional settlement from the client’s insurance carrier.

Truck Crash

This couple was injured in an automobile accident after they were rear-ended in a seven-car pileup caused by a semi-trailer. Of the 15 people who made claims on the same insurance policy, our clients each received the second and third highest offers, which covered all of their past and future medical bills and their attorney’s fees.

Truck Crash

In this case, our client was injured from a rear-end collision with an eighteen-wheeler. Her original lawyer procured a settlement offer of $7,000.00 to settle her case. Because the offer did not approach the amount of bills she incurred from accident related treatment, she came to our firm for a consultation. She decided to hire us. We promptly filed suit and obtained a settlement for her.

View More Results

Additionally, insurance companies will often fight against claims for punitive damages. Insurance policies for rideshare companies or their drivers typically do not cover punitive damages, which means the defendant may be personally liable for these additional costs. This can make it more challenging to secure punitive damages, but it is not impossible with the right legal representation.

Why You Need Legal Representation

If you’ve been involved in a rideshare accident in Florida and believe you may be entitled to punitive damages, it’s crucial to have an experienced attorney by your side. A skilled attorney will understand the complexities of rideshare accident cases and can help you gather the evidence needed to prove your case. They can also handle negotiations with insurance companies and represent you in court if necessary.

At the end of the day, your goal should be to secure the compensation you deserve for your injuries and losses. Punitive damages may be a possibility in your case, but pursuing them requires a thorough understanding of the law and the evidence needed to support your claim.

At our firm, we understand the challenges that come with recovering from a rideshare accident. You may be facing physical, emotional, and financial burdens, and navigating the legal system can add to that stress. We want to take that burden off your shoulders and fight for the justice you deserve.

If you’re considering pursuing a rideshare accident case and want to know more about seeking punitive damages, our team is here to help. We will guide you every step of the way and work tirelessly to achieve the best possible outcome for your case. Don’t hesitate to reach out to us today to schedule a consultation and learn more about how we can assist you in your journey to recovery.

To learn more about this subject click here: Do I need a lawyer for my Wesley Chapel, FL Rideshare Accident Injury Case?