As many people in Tennessee and elsewhere have become aware, there are a number of advantages to using Uber and other rideshares instead of taxis — lower cost, immediate access, cleanliness, and (because the drivers are rated by each customer) more pleasant treatment. Nonetheless, the fact that there are so many alternative means of car transportation has introduced greater complexity into the field of personal injury law in regard to car accidents.
Because laws vary from state to state, and because ridesharing is a relatively new form of transportation, it is especially important to seek out an Uber accident attorney if you are injured while riding in or have a collision with, an Uber vehicle. In this situation, you need a lawyer with in-depth legal knowledge of current Tennessee personal injury law to help you navigate the judicial system. Cummings Law, located in Nashville, is an esteemed practice with experience in ridesharing accidents. We have a well-deserved reputation for giving each of our clients individual attention and basing our legal strategies on the particular circumstances of each case. We work on a contingency basis, so you will not be charged attorneys’ fees unless we win damages for you.
Whose Insurance Covers Uber or Other Rideshare Accidents?
Uber and other rideshare companies require their drivers to be well-insured privately but also carry $1,000,000 worth of company accident injury insurance. This significant company injury insurance, however, only applies when the rideshare driver is on the job, and only after the driver’s own insurance benefits have been exhausted. Another layer of complexity is added by the fact that drivers for Uber or other rideshare companies are considered independent contractors, not employees. This means that the companies are not technically liable for the drivers’ mistakes. Although this loophole has been used by rideshare companies to try to skirt responsibility, you can sure that Brian Cummings has the legal capability and well-honed tactics necessary to fight for your right to be fully compensated for the harm that has been done to you.
The $1,000,000 personal injury insurance carried by Uber or another rideshare company can be used to cover:
- Rideshare drivers or passengers hurt in an accident caused by another driver
- Rideshare passengers who are hurt while inside the Uber vehicle during any accident
- Other drivers or bystanders who are hurt in accidents caused by a rideshare driver
Don’t forget, however, that the million dollar policy only kicks in if the Uber driver is working for the company at the time of the accident. If not, only the driver’s personal insurance will be tapped for damages.
Serious Injuries Suffered in an Uber Accident
While Uber and other rideshare companies vet their drivers, and although most drivers are cautious out of self-interest as well as safety concerns, accidents do occur. Fender benders, resulting in minor injuries, are common in slow city traffic, but there are times when Uber and other rideshare drivers are involved in serious, even catastrophic, accidents. If you are unfortunate enough to be involved in an Uber accident, as a passenger of the rideshare car or the driver or passenger of the car it collides with, you may suffer any type of serious injury, from a broken leg to a skull fracture, from whiplash or internal bleeding to traumatic brain or spinal cord injury. Clearly, if you are badly injured and unable to work or even permanently disabled, as a result of such an accident, you are entitled to substantial compensation. Cummings Law will work hard to see that you obtain it.
Types of Compensation
There are three kinds of compensation you can receive for personal injuries: economic, non-economic, and (sometimes) punitive.
Economic damages are intended to reimburse your financial costs, including those for:
- Medical, surgical, and rehabilitative expenses
- Out-of-pocket medication costs
- Psychological counseling needed as a result of the accident
- Loss of income, present, and future
- Long-term care costs related to permanent disability
- Property damage
Non-economic damages are meant to reimburse you for consequences of the accident that are difficult to assign monetary value, including:
- Pain and suffering
- Impairment or disfigurement
- Loss of limb
- Loss of sight or hearing
- Loss of consortium or companionship
- Loss of enjoyment of life
Brian Cummings is experienced at determining non-economic damages according to legal guidelines. Though the real costs of non-economic damages are incalculable, at least receiving this compensation will give you a sense that your losses are being acknowledged and justice is being served.
In order for punitive damages to be awarded, the defendant must have behaved in a particularly awful manner, usually maliciously, intentionally, and/or criminally. Punitive damages are designed both to punish the offender and to prevent others from engaging in similarly egregious behavior.
Determining Fault in Tennessee
As if all of this weren’t confusing enough, the laws determining fault in traffic accidents differ from one state to the other. This is why it is crucial that you have a Tennessee Uber attorney on the case. Brian Cummings has in-depth knowledge of Tennessee Modified Comparative Fault law and has successfully won substantial damages for many car accident victims.
Depending on which party is determined to have caused the accident, either the Uber driver or the other motorist will assume liability. In cases of severe injury, the driver (whether Uber or not) may not be carrying enough insurance to foot the entire cost. If the Uber driver’s insurance is insufficient, however, Uber may be sued for the remaining damages. As ridesharing has become more common, more and more lawsuits have been filed against Uber and other rideshare companies.
Contact An Uber Accident Lawyer
As we all know, medical, hospital and surgical costs for a severe injury can be extraordinarily high. These expenses, coupled with your inability to bring in an income, may cripple your family financially. This is why it is imperative that you come to Cummings Law if you are involved in a rideshare accident. Brian Cummings knows precisely which strategies to use in an Uber accident negotiation or courtroom trial to make sure that you receive every dollar you deserve. You should be aware that about 95 percent of personal injuries cases are settled without litigation and that Brian Cummings is an excellent negotiator. You can get in touch with Cummings Law by giving us a call or filling out a contact form on our website.