Driving comes with risks, such as an accident involving another vehicle, but giving up the wheel in favor of hiring an Uber or Lyft does not eliminate that risk. Even if you are not driving, an accident can still occur, which may cause an injury.
Uber/Lyft/rideshare accidents in Nashville can leave you injured and unsure of how to make things right. An experienced car crash attorney from Ponce Law can guide you through the process of filing a compensation claim after a car accident.
Additional training is usually not required to become a driver for a company such as Uber or Lyft. However, before approving a prospective driver, these companies do require certain information—such as a driver’s license and proof of insurance—and will typically perform a simple background check.
Rideshare companies typically allow their drivers to operate independently—usually as contractors—but there may be a company insurance policy that covers the ride. So, if you are in an Uber in Nashville and the driver gets into an accident, you might be eligible to receive benefits from both Uber and the driver.
That assumes, however, that the correct process is followed from the beginning of the ride, which includes starting the ride with the app and binding the company to the duty of keeping you safe. Without this important step, you can find yourself struggling to get compensation from the company, and your injuries can leave you with a diminished quality of life.
Injuries can include traumatic brain injuries and spinal cord damage from the impact of a collision, along with superficial cuts and bruises that can cause pain and infection. You may suffer disfigurement and require long-term care, including rehabilitation and accommodations. Making a claim for compensation—whether against a rideshare company, a driver, or both—can help you cover the costs of these problems so you can heal.
Your claim will likely be based on negligence, which holds people responsible for causing injuries regardless of intention. Proving a negligence claim usually requires evidence of certain elements: duty of care, breach of that duty, causation, and damages.
The exact circumstances of the accident and who caused it will vary, as your driver or another driver might be at fault. A personal injury attorney can help you figure out what evidence you need to prove your claim, but there are additional rules that can affect your case for compensation.
First, Tennessee Code § 28-3-104 creates a short statute of limitations of only one year for personal injury claims. If you file after that one-year period expires, you can lose your ability to receive any compensation.
It is also important to consider any way that you may be responsible for your own injuries. Of course, this might not matter if you are only a passenger, but Tennessee’s system of negligence can place fault on a plaintiff. As set up by the case McIntyre v. Balentine (Tenn. 1992), this system allows a court to reduce a victim’s compensation or block it entirely if the victim is deemed more than 50 percent responsible.
Fortunately, an experienced Nashville attorney can help you navigate these rules and build your rideshare accident case. As you recover from your injuries, your lawyer can act on your behalf to get a claim started quickly and efficiently.
Uber, Lyft, and other rideshare companies have become an essential part of the transportation landscape, and you should feel confident using their services, knowing that you will be able to recover from an accident-related injury. Working with an attorney as soon as possible can help you get a claim together with everything you might need.
The personal injury attorneys at Ponce Law bring many years of experience to claims arising from Uber/Lyft/rideshare accidents in Nashville, utilizing their knowledge of the local community and court system. Contact our office for a free review of your case by attorneys who are ready to fight for you.
