Determining liability for injuries resulting from Uber/Lyft/rideshare accidents in Bartlett is not always straightforward. Rideshare drivers also have different levels of insurance depending on whether they are currently engaged in work.
You should contact The Law Office of David E. Gordon & Elissa M. Coombs if you were injured in an accident involving a rideshare driver. An experienced auto collision attorney can help you understand your legal rights and whether you have a valid lawsuit.
Unique Issues Impacting Rideshare Driver Liability
One problem with the increased popularity of rideshare services is that a driver’s personal insurance policy may not offer coverage when they are working for companies like Uber or Lyft. Insurers can expressly exclude providing coverage under a personal policy for rideshare drivers.
The state has implemented specific rules to regulate how these companies and their drivers must operate and address potential gaps in coverage. The regulations refer to rideshare services as transportation network companies.
The rules provide three different periods that can impact insurance liability for rideshare drivers:
- Period 1 is when a rideshare driver is logged into the app but has no passenger
- Period 2 is when a rideshare driver has accepted a ride to pick up a passenger who is not yet in the vehicle
- Period 3 is when a rideshare driver is actively engaged in giving a ride to a passenger
While rideshare companies are generally required to provide insurance for their drivers, the coverage levels can vary during these periods. If a rideshare driver is involved in an accident in Bartlett while offline, liability will typically fall on their personal policy.
Depending on the severity of the rideshare accident, the minimum state personal insurance requirements may not allow an accident victim to recover full compensation under the policy. Further, certain rideshare or personal policies may not provide coverage for uninsured motorists.
Legal Liability in Rideshare Accidents
The state requires that rideshare companies provide insurance coverage for drivers actively engaged in picking up or giving a ride to a customer. The driver must have a minimum policy of $1 million for bodily injuries, death, or property damage.
If an accident occurs while a Bartlett rideshare driver is actively engaged in work, the transportation network company is required to provide this coverage or defend the claim.
Our attorneys have the experience to help a client identify the appropriate defendant when filing a lawsuit for negligence. This can vary based on factors like whether the victim was a driver or a passenger and who was at fault. A rideshare passenger may even have to file a lawsuit against their own driver.
Drivers in the state generally owe a duty of reasonable care to other motorists. If the responsible party was speeding or otherwise violating state traffic laws, this evidence can help prove negligence.
Available Compensation for Rideshare Collisions
When a driver’s negligence leads to a rideshare crash in Bartlett that causes injuries, our lawyers can help victims pursue several types of compensation. An injured client can recover economic damages, which includes measurable costs like:
- Medical expenses or physical therapy costs
- Property damage
- Lost salary or wages
- Lost future economic opportunities
Accident victims can also recover non-economic damages, including immeasurable losses like:
- Pain and suffering
- Emotional distress
- Lost consortium with a spouse
- Mental anguish
It is important to note that, according to Tennessee Code Annotated § 29-39-102, the state caps non-economic compensation at $750,000. This cap is raised to $1 million for catastrophic injuries, such as spinal cord injuries or amputations.
Get in Touch With a Bartlett Attorney After a Crash With an Uber/Lyft/Rideshare Driver
You should speak with The Law Office of David E. Gordon & Elissa M. Coombs immediately if you were injured in an Uber/Lyft/rideshare accident in Bartlett. Since the state has a relatively short one-year statute of limitations, a court may dismiss your claim if you delay filing your lawsuit.
An experienced attorney can help you assess your case and determine the appropriate parties to sue based on the nature of the rideshare collision. Call today to schedule your free initial consultation.
