Nashville Uber/Lyft Accident Lawyer
Many ridesharing operators are largely unaware of the near-sacred trust they have to protect passenger safety. The person in the back seat is not just along for the ride. As outlined below, Uber, Lyft, and other ridesharing operators have dual legal responsibilities. Most of these drivers breach one or both of these responsibilities on pretty much every trip. Bus drivers have the same level of responsibility.
In contrast, the dedicated Nashville Uber/Lyft accident lawyers at Mitch Grissim & Associates are fully aware of all their legal and ethical responsibilities. When clients put their trust in us, we take that responsibility very seriously. So, we do more than work hard to obtain fair compensation for victims. We also proactively communicate with them, so they are never in the dark.
Duty of Care
Most noncommercial operators have a duty of reasonable care. They must drive defensively and avoid accidents when possible. But ridesharing operators and other commercial operators are common carriers in Tennessee. Therefore, they have “a duty to their passengers to exercise the highest degree of care consistent with human knowledge and experience and compatible with the nature, extent and operations of their business.”
Adverse environmental conditions are a good example of the difference between these two levels of responsibility. Non-commercial drivers have a duty to slow down in the rain. Arguably, ridesharing operators have a duty to avoid the elevated risk of a crash altogether. They must wait until the rain has stopped or at least slacked off.
This duty also extends to personal safety. Lyft and Uber drivers must pick up and drop off their passengers in safe locations. A rain-slicked sidewalk is not a safe location. Neither is a busy intersection or a dark parking lot.
Since the duty of care is so high, it’s easier for a Nashville Uber/Lyft accident lawyer to establish negligence, or a lack of care. As the old saying goes, the bigger they are, the harder they fall.
Lack of Care
In general, largely because of the high duty of care, both driving accidents and personal safety injuries involve the ordinary negligence doctrine.
Using a hands-free cell phone while driving is a good example of driving negligence. Noncommercial drivers may legally use these gadgets. But because of the high duty of care, if an Uber or Lyft driver uses such a device and that use causes a wreck, the driver could be liable for damages.
Contrary to popular myth, hands-free devices are not risk-free devices. Hands-free users take their eyes off the road and take their minds off driving. Those are the two most dangerous forms of distracted driving.
As for personal safety injuries, like falls and third-party assaults, we’ve already established the high duty of care these operators have. If they know about a hazard which causes injury, or should know about it, they could be legally responsible for damages.
In case you’re wondering, ridesharing operators could be liable for third-party assault damages, if the driver could foresee the possible danger.
Drivers are legally responsible for damages. Usually, the ridesharing company is financially responsible for damages, because of the respondeat superior rule. This doctrine holds employers liable for the negligence of their drivers and other employees.
Count on a Tough-Minded Davidson County Uber & Lyft Accident Lawyer
Ridesharing accident victims are entitled to significant compensation. For a free consultation with an experienced personal injury attorney in Nashville, contact Mitch Grissim & Associates. Attorneys can connect victims with doctors, even if they have no insurance or money.