Ridesharing car services have become an incredibly popular method of getting around. However, while grabbing an Uber or a taxi is convenient, a passenger can suffer injuries while riding in one. When this happens, the passenger may be able to file a claim for compensation.
A Franklin Uber/taxi accident lawyer could help you build your claim to recover the compensation you deserve for your injuries and any other losses. It may be difficult to determine liability, so consider contacting a skilled car wreck attorney to discuss the details of your situation.
Common Carrier Liability in Uber/Taxi Accident Cases
Taxis, cab services, and limousines are known as common carriers, which means they have a legal duty to use reasonable care when they operate their vehicles to transport people. When drivers of common carriers do not use reasonable care while driving customers, they may be considered negligent.
Under Tennessee law, negligence is when one party who owes a duty of care to another individual behaves in a way that breaches their duty. As such, they can be held liable for the injuries that ensue, depending on the circumstances.
Additionally, the driver’s employer, a manufacturer of defective auto parts, or a maintenance vendor who failed to keep the vehicle in safe working order can be held liable for the plaintiff’s injuries. A skilled Franklin Uber/taxi accident lawyer could help an injured individual determine liability following a wreck.
Ridesharing Liability and Insurance
Certain rules and procedures are in place to ensure the passenger’s safety. Part of the passenger’s fare goes toward driver background checks, driver safety education, and screenings. As an additional level of protection, rideshare companies are required to have insurance in case of potential accidents. Rideshares often have what is known as commercial insurance. Commercial insurance determines coverage based on the circumstances of a given accident.
Transportation Company Services Act
In Tennessee, the Transportation Company Services Act (T.C.A. 55-12-141), effective as of January 2016, requires rideshare companies to meet specific legal guidelines for car insurance.
This new law requires rideshare companies to provide their drivers with liability insurance, which may help account for any gaps in coverage between the rideshare company’s insurance policy coverages and the driver’s personal car insurance.
It should be noted that commercial insurance only applies when the driver is transporting a passenger for business purposes. When an employed Uber driver is using their vehicle for personal purposes, commercial insurance may not apply. Tennessee is a “fault” state, which means that the at-fault driver’s insurance must cover the damages for which they were responsible. If the rideshare or taxi driver was behaving negligently at the time of the crash, the driver may have to rely on their personal liability coverage.
Talk to a Franklin Uber/Taxi Accident Attorney
If you were injured as a passenger in a taxi or an Uber, it may be unclear as to whose insurance will be covering your injuries and losses. An experienced Franklin Uber/taxi accident lawyer could clarify any questions you have regarding liability. If you are eligible to file a personal injury lawsuit, an attorney could represent you in your pursuit of fair compensation after your injury. Call today to discuss your legal options.
The insurance company has a legal team. You should too.