More Nashville residents than ever are utilizing ride-sharing services. Customers can book a ride on their smartphones using their precise location. Technology savvy people of all ages enjoy the speed and ease of booking a ride-share from companies like Lyft and Uber. In addition to ride-sharing services, taxis remain popular, especially around Nashville International Airport. Commuters may find it easier to flag down a taxi at the airport than schedule and wait for a ride-share service to arrive. Unfortunately, many taxis, Uber, and Lyft drivers work under the pressure of needing to transport as many customers as possible in a short amount of time. Drivers receive payment not based on the amount of time they drive, but on the number of customers, they transport. The pressure to transport as many customers as possible may result in negligent driving. If you’ve suffered an injury resulting from a taxi accident, you may be wondering who is at fault. Many passengers are unsure as to their right to compensation as a transportation service passenger especially after calling a personal injury attorney.
Our Nashville Taxi Accident Attorney Can Help
At Cummings Law, we’ve helped customers who experienced ride-share accidents recover compensation. After reviewing your case, our attorneys will investigate the cause of your ride-share accident. We will interview witnesses, review the police reports, and all relevant information. After reviewing the available evidence, our skilled taxi accident attorneys will recommend the best course of action and fight for your rights along the way. If you’ve suffered injuries in a taxi, Uber, or Lyft accident, it is wise to secure legal representation as soon as possible.
Common Causes of Nashville Taxi Accidents
Fatigue is a common cause of taxi cab accidents. Taxicab drivers only receive payment when they successfully transport a passenger. Many taxi drivers hurry to complete as many passenger trips as possible to obtain more compensation. When a driver becomes focused on rushing and not on safe driving practices, he or she can cause an accident. Other common causes of taxi cab accidents include the following:
- Driving while under the influence of drugs, alcohol, or any other intoxicating substance
- Driving while fatigued
- Failing to yield to on-coming traffic when making a left-hand turn
- Exceeding the legal speed limit
- Recklessly driving in and out of traffic lanes
- Making lane changes negligently or recklessly
- Failing to come to a complete stop at a four-way stop or traffic light
- Failing to slow down and stop at a yellow traffic light
- Disregarding traffic caution signs
- Making reckless U-Turns
- Overly aggressive driving in crowded areas like airports
- Distracted driving, including texting, eating or talking while driving
- Hitting the car, truck, or bus ahead of the taxi due to inattention
Nashville taxi drivers often drive aggressively, especially when picking up and dropping off passengers at Nashville International Airport. When taxi drivers become more focused on making as many trips as possible, they become less focused on safe driving practices. A taxi driver who drives efficiently is not necessarily driving negligently or recklessly. Our experienced taxi accident attorneys can help determine the precise cause or causes of your taxi or ride-share accident. Negligent drivers are liable for any injuries they cause under Tennessee law.
Who Is At Fault in a Taxi Accident?
Determining liability in a common carrier accident is often challenging. Taxicab drivers are regulated differently than Uber or Lyft ride-sharing drivers. If you’ve suffered an injury in a Nashville taxicab accident caused by the driver’s negligence, you could be entitled to compensation. Tennessee law imposes a higher duty of care on common carriers.
A common carrier is anyone who transports passengers in exchange for payment. Common carriers in Tennessee owe their passengers the highest degree of care for their safety. In other words, common carriers must exercise more reasonable care than the average driver when they are transporting passengers. When common carriers do not use the highest duty of care, they are liable for passenger injuries that their negligence caused. Taxicab drivers are almost always considered common carriers under Tennessee personal injury law.
Taxicab drivers are usually employees of larger companies. Taxi companies may be liable for the accident if they negligently hired the taxi cab driver, and the driver caused an accident. Under the doctrine of vicarious liability, an employer may be liable for the actions of an employee. A court will impose vicarious liability on an employer who knew or should have known that their employee lacked experience or was otherwise unqualified to drive.
Who Is At Fault in a Nashville Ride-Sharing Accident?
Ride-sharing drivers are almost always independent contractors, not employees of the ride-share company they utilize. Thus, different legal principles apply when it comes to Lyft or Uber drivers. For example, passengers involved in ride-sharing accidents may not be able to bring a lawsuit against Lyft or Uber for negligent hiring.
Uber and Lyft provide their drivers with liability coverage. The amount of coverage depends on when the car accident occurred. If the accident occurred while the driver was not logged into the ride-share phone app, Uber and Lyft do not provide any compensation. In this instance, injured passengers may need to file a claim with the driver’s personal car insurance company.
If the driver is logged into the application and is waiting to accept a ride request, Lyft and Uber will provide compensation in an amount of up to $50,000 per person for bodily injuries and up to $25,000 for property damage. Uber and Lyft will only cover accidents in which their driver is at fault if the accident happened before the driver accepted a request.
Uber and Lyft will cover up to $1 million in damages if an accident occurs any time after the driver accepts a request until the driver drops the passenger off. The timing of the motor vehicle accident is a determining factor in how much compensation you can claim from Lyft and Uber. Our experienced Nashville personal injury attorneys can help you determine the best way to seek compensation for your injuries.
Contact Our Nashville Taxi Accident Attorney
Determining fault in a common carrier accident is usually not straightforward. If you’re wondering whether a taxicab, Uber, or Lyft driver is liable for your injuries, our skilled taxi accident attorneys can help. We can conduct a thorough investigation into your accident and determine who is at fault under Tennessee law. Our attorneys fight hard to ensure that our clients receive the maximum possible compensation for their injuries. Contact our Nashville law office today to set up your initial consultation.