NASHVILLE RIDESHARE ACCIDENT LAWYER
Uber, Lyft, and other rideshare companies are becoming increasingly popular as an option for commuters and travelers alike. Consumers are looking for easy ways to get from point A to point B, especially in cities or popular tourist areas. However, the potential for being involved in rideshare accidents is just as high as getting into a car accident in your vehicle.
Many ridesharing operators are largely unaware of the near-sacred trust they have to protect passenger safety. The person in the back seat is not just along for the ride. As outlined below, Uber, Lyft, and other ridesharing operators have dual legal responsibilities. Most of these drivers breach one or both of these responsibilities on pretty much every trip. Bus drivers have the same level of responsibility.
In contrast, the dedicated Nashville Lyft or Uber accident lawyers at Mitch Grissim & Associates are fully aware of all their legal and ethical responsibilities. When clients put their trust in us, we take that responsibility very seriously. So, we do more than work hard to obtain fair compensation for victims. We also proactively communicate with them, so they are never in the dark.
When you have been injured in an accident while using rideshare services, then you may be entitled to file a claim against any rideshare companies and any rideshare driver that is responsible. Though car accidents are common and rarely intentional, the responsible party must be held accountable.
Filing a Claim Against Rideshare Drivers and/or Companies
Approaching the legal process for filing a claim against rideshare drivers or ridesharing companies for an accident requires many details to be worked out. A Nashville rideshare accident lawyer can help you talk through these intricacies during a free consultation that we offer to all potential clients before signing any contract.
The following describes some of the various aspects of a rideshare accident case.
Proving Liability in an Uber or Lyft Accident
While on the road, rideshare vehicles are no different than any other vehicle in terms of safety, but when ridesharing accidents happen, the level of fault between the Uber or Left driver and other drivers is important.
Liability is potentially the biggest barrier to winning a rideshare accident case. The burden of proof is usually on the victim and their personal injury attorney when determining fault for the incident. Though if the accident is the fault of the other driver, this becomes more complicated.
What are Duty of Care and Lack of Care?
Compiling evidence is a critical step if you hope to pursue compensation after the event. Two major factors that will help lay responsibility with the at-fault driver are laid out as follows:
Duty of Care
Most noncommercial operators have a duty of reasonable care. They must drive defensively and avoid accidents when possible. But ridesharing operators and other commercial operators are common carriers in Tennessee. Therefore, they have “a duty to their passengers to exercise the highest degree of care consistent with human knowledge and experience and compatible with the nature, extent, and operations of their business.”
Adverse environmental conditions are a good example of the difference between these two levels of responsibility. Non-commercial drivers must slow down in the rain. Arguably, a rideshare driver must avoid the elevated risk of a crash altogether. They must wait until the rain has stopped or at least slacked off to avoid injuries.
This duty also extends to personal safety. An Uber or Lyft vehicle must pick up and drop off its passengers in safe locations. A rain-slicked sidewalk is not a safe location. Neither is a busy intersection or a dark parking lot. These scenarios could lead to a passenger getting injured.
Since the duty of care is so high, it’s easier for a Nashville Uber or Lyft accident lawyer to establish negligence, otherwise known as a lack of care. As the old saying goes, the bigger they are, the harder they fall.
Lack of Care
In general, largely because of the high duty of care, both driving accidents and personal safety injuries involve the ordinary negligence doctrine.
Using a hands-free cell phone while driving is a good example of driving negligence. Noncommercial vehicle operators may legally use these gadgets. But because of the high duty of care, if an Uber or Lyft driver uses such a device and that use causes a car accident involving the rideshare vehicle, the driver could be liable for damages.
Contrary to popular myth, hands-free devices are not risk-free devices. Hands-free users take their eyes off the road and take their minds off driving. Those are the two most dangerous forms of distracted driving.
As for personal safety injuries, like falls and third-party assaults, we’ve already established the high duty of care these operators have. If they know about a hazard that causes injury or should know about it, they could be legally responsible for damages in certain circumstances.
In case you’re wondering, ridesharing drivers could be liable for third-party assault damages if the driver could foresee the possible danger.
Drivers are legally responsible for damages. Usually, the ridesharing company is financially responsible for damages, because of the respondeat superior rule. This doctrine holds employers liable for the negligence of their drivers and other employees.
What Damages Resulted From the Rideshare Accident?
The whole purpose behind filing a claim against Uber and Lyft drivers or a rideshare company is to earn fair compensation for any damages that resulted from the collision or incident.
There are many types of damages, including medical bills from serious injuries, lost wages or lost income during recovery, property damage, wrongful death, or even punitive damages.
Whether you have medical attention expenses from bodily injury or are trying to recoup the value of damaged possessions, you have legal options to force the rideshare company and the Lyft or Uber drivers to provide compensation in the aftermath of an accident.
What Parties Are Involved Besides Uber and Lyft Drivers?
There are many parties involved in a rideshare accident case outside of the independent contractors and the passengers.
Who Are You Up Against?
First of all, there is the insurance company of the driver, as well as that of the rideshare company. How much insurance coverage each party has will determine the method of payout that will be followed.
Additionally, the rideshare companies that employ the driver are involved in the case as well. Although there is a large percentage of liability with the employee, these companies may have also had a role to play in the incident.
Who Can Advocate For You?
Personal injury attorneys are another piece of the puzzle if the victim chooses to work with a law firm. They help advocate for the injured passenger and protect their rights under Tennessee law while also pursuing the maximum settlement for their client.
If you are a victim of a rideshare accident, it is in your best interest to contact our law offices at Mitch Grissim & Associates to help you communicate and negotiate with the various parties involved in the incident.
Why Legal Representation Matters After Accidents
Most rideshare companies require a strong insurance policy for their drivers to protect them in the event of a Lyft or Uber accident. For example, Lyft’s insurance policy will cover the driver up to a certain amount if their personal insurance policies are not enough.
That means that in any rideshare vehicle accident that you are a part of, you are going up against the driver, their insurance company, the rideshare company, and their insurance coverage all by yourself. That is not a level playing field.
Learn More About Your Options First
The team at Mitch Grissim & Associates will give you a free case consultation to discuss what you are up against and the nature of your case. Ridesharing services have hefty resources that they can bring to bear in defense of their bottom line, so you need experts on your side.
Count on a Tough-Minded Davidson County Uber and Lyft Accident Lawyer
Ridesharing accident victims are entitled to significant compensation. Whether your rideshare accident resulted in heavy property damage, serious injuries, or lost finances, our legal team can protect your rights and privileges under the law.
Your Success is Our Priority
Our goals for your case are as follows:
- Defend Your Rights
- Ensure Mistakes Are Not Left Unchanged
- Hold Vehicle Driver Accountable
- Earn Fair Compensation
- Give You Peace of Mind
If we can do all of that for you after a Lyft or Uber accident, then you will have a higher chance of success with your claim.
Contact Us Today
For a free consultation with an experienced personal injury attorney in Nashville, contact Mitch Grissim & Associates. Attorneys can connect victims with doctors, even if they have no insurance or money, to help with recovery from any injuries.
With the rising popularity of rideshare services like Uber and Lyft, we expect to see even more instances of a car accident being caused by a rideshare driver. Make sure that the Uber or Lyft accident lawyers at our firm are your first call if you fall victim to any rideshare accidents.
