Contact Us for a Free Consultation 865-259-0020

Knoxville Rideshare Accident Lawyer

Have you or a loved one been injured in an accident involving a rideshare driver in Knoxville, Tennessee? Contact DZ Law today to schedule a free consultation with our Knoxville rideshare accident lawyers. We will help you get the justice and compensation you deserve.

Ridesharing services like Uber and Lyft are convenient, but what happens when your ride ends in an accident? Whether you're heading home from a night out on Market Square or catching a ride to McGhee Tyson Airport, a collision involving an Uber or Lyft can be traumatic.

If you've been injured in a Knoxville rideshare accident, whether as a passenger, another driver, or a pedestrian, you might be facing a confusing and stressful situation. Figuring out who is responsible – the driver, the rideshare company, or another party – can be a real headache. These companies often have layers of insurance coverage, making the claims process incredibly complicated.

Dealing with large corporations and their insurance adjusters is intimidating. You might feel pressured to settle quickly for a low amount, even if it doesn't cover your medical expenses, lost wages, and pain and suffering. It's frustrating to navigate this complex system, especially while you're trying to recover from your injuries.

At DZ Law, our Knoxville rideshare accident lawyers understand the unique challenges of rideshare accident cases in Knoxville. Led by attorneys Robert Dziewulski and Ashleigh Beer-Vineyard, both recognized as Mid-South Super Lawyers, our firm has a proven track record of success in handling complex personal injury cases. We're not afraid to take on big companies to get our clients the compensation they deserve. We know how to investigate these accidents, determine liability, and fight for your rights.

Don't let a rideshare company take advantage of you. Contact our Knoxville law office today for a free consultation and let us help you get back on your feet.

Common Causes of Rideshare Accidents

Accidents involving rideshare vehicles are on the rise, especially in busy areas like downtown Knoxville, near the University of Tennessee campus, and on major routes like Kingston Pike and I-40. It's crucial to understand the common causes to stay safe. Here are some of the causes:

Rideshare Driver Negligence

Rideshare drivers, like all drivers, have a duty to operate their vehicles safely and follow traffic laws. However, the nature of ridesharing, with its reliance on smartphone apps and constant interaction with passengers, can create unique challenges and potential for negligence.

Distracted driving is a major concern with rideshare drivers. They may be distracted by their phones, using the ridesharing app to accept rides, navigate to destinations, communicate with passengers, or even using their phones for personal reasons. This takes their attention away from the road and increases the risk of an accident.

Another factor is driver fatigue. Many rideshare drivers work long hours, often driving for multiple platforms, to make ends meet. Fatigue can impair judgment, slow reaction times, and increase the likelihood of errors.

Speeding or aggressive driving is another issue. Some drivers may speed, make unsafe lane changes, or engage in other aggressive driving behaviors to maximize their earnings or reach destinations quickly. This puts passengers and other road users at risk.

Additionally, inexperience with the area or an overreliance on GPS navigation can lead to drivers making sudden, unexpected maneuvers or getting lost, increasing the chances of an accident.

 

 

Passenger Behavior

While less common, the actions of passengers can also contribute to rideshare accidents. Intoxicated or unruly passengers can be a major distraction for drivers. They may be loud, argumentative, or even physically aggressive, diverting the driver's attention from the road.

Passengers may also pressure drivers to speed, make illegal turns, or otherwise drive unsafely to reach their destination faster. In some cases, passengers may even physically interfere with the driver's operation of the vehicle, such as grabbing the steering wheel or trying to adjust controls.

Rideshare Company Negligence

Rideshare companies, such as Uber and Lyft, can potentially be held liable for accidents under certain circumstances. If the company failed to conduct adequate background checks on drivers, and a driver with a history of unsafe driving or criminal behavior causes an accident, the company may be liable.

Similarly, if the company's policies or app features encourage or incentivize unsafe driving practices, such as pressuring drivers to work excessively long hours or accept rides in rapid succession, they may be partially responsible. The companies have a duty to properly train and monitor their drivers to ensure safe driving.

Vehicle Maintenance and Defects

While rideshare drivers are typically responsible for maintaining their own vehicles, there can be issues with inadequate maintenance that lead to accidents. If a driver fails to properly maintain their vehicle, including brakes, tires, lights, and other essential components, it can increase the risk of mechanical failures that cause accidents.

Some drivers, especially those who rely on ridesharing for their primary income, may defer maintenance due to cost concerns, leading to unsafe vehicle conditions. In rare cases, a vehicle defect caused by a manufacturer's negligence could contribute to an accident. This could involve faulty brakes, tires, steering systems, or other components.

 

 

Road and Environmental Conditions

Factors outside of the driver's or company's control can also contribute to rideshare accidents. Poor road conditions, such as potholes, uneven pavement, or inadequate signage, can create hazards for rideshare vehicles, just as they can for any other vehicle on the road.

Adverse weather conditions, like heavy rain, snow, ice, or fog, can significantly reduce visibility and make driving more dangerous.

Other Drivers' Negligence

Rideshare vehicles share the road with other drivers, and the negligence of those drivers can lead to accidents. If another driver runs a red light, speeds, makes an unsafe lane change, or is driving under the influence, they can cause a collision with a rideshare vehicle, even if the rideshare driver is operating safely.

Local Rideshare Services in Knoxville

Knoxville, Tennessee offers a variety of rideshare options to get around town, with Uber and Lyft being the most prominent players. These app-based services provide convenient and generally affordable transportation, whether you're heading to McGhee Tyson Airport, exploring Market Square, or catching a show at the Tennessee Theatre.

Uber in Knoxville

Uber is a major player in the ridesharing industry and operates throughout the Knoxville area. They offer a variety of service levels, including UberX (the standard, most affordable option), UberXL (for larger groups), Uber Black (luxury vehicles), and Uber Pet (for riders with pets). Uber's app allows users to request rides, track their driver's location, estimate fares, and make cashless payments.

 

 

Lyft in Knoxville

Lyft is another prominent ridesharing company operating in Knoxville, providing a similar range of services to Uber. Their offerings include Lyft (the standard option), Lyft XL (for larger groups), Lux (luxury vehicles), and Shared rides (where you can share a ride and split the cost with other passengers traveling in the same direction).

The Lyft app offers features like ride requests, driver tracking, fare estimates, and in-app payments.

Other Potential Ridesharing Options

While Uber and Lyft are the dominant ridesharing services, other smaller or niche services may operate in Knoxville or become available in the future. These might include services that focus on specific types of vehicles or cater to particular demographics. It is a good idea to research what services are available.

Availability and Coverage

Ridesharing services in Knoxville generally have good coverage throughout the city and surrounding areas, including the University of Tennessee campus, downtown, and popular entertainment districts.

However, availability may fluctuate depending on the time of day, day of the week, and demand. Wait times might be longer during peak hours, special events, or in less densely populated areas.

 

 

Understanding Rideshare Insurance Policies in Tennessee

Rideshare services like Uber and Lyft have transformed transportation in Tennessee, but navigating their insurance policies can be tricky.

These policies are designed to protect passengers, drivers, and other parties involved in accidents, but they differ significantly from traditional auto insurance. Here's a breakdown to help you understand:

Personal Auto Insurance vs. Rideshare Insurance

A standard personal auto insurance policy typically excludes coverage for any commercial use of the vehicle, including driving for a ridesharing company. This means that if you're in an accident while working as a rideshare driver and only have personal auto insurance, your claim will likely be denied.

Ridesharing companies, therefore, provide supplemental insurance policies that apply during different phases of a rideshare trip. However, these policies can have gaps and limitations.

Phases of a Rideshare Trip and Insurance Coverage

Rideshare insurance coverage is generally divided into distinct periods, each with varying levels of coverage:

Period 0: App is Off

When a rideshare driver is not logged into the app, their personal auto insurance policy is in effect. The ridesharing company's insurance does not provide any coverage during this period.

Period 1: App is On, No Passenger/Ride Accepted

When the driver is logged into the app and waiting for a ride request, the ridesharing company typically provides contingent liability coverage.

This coverage is secondary to the driver's personal auto insurance and generally only applies if the driver's personal insurance denies the claim or does not provide sufficient coverage. The coverage limits during this period are usually relatively low, often meeting only the state's minimum requirements for liability insurance.

In Tennessee, this would be $25,000 for bodily injury per person, $50,000 for bodily injury per accident, and $25,000 for property damage.

 

 

Period 2: Ride Request Accepted, En Route to Passenger

Once a driver accepts a ride request and is on their way to pick up the passenger, the ridesharing company's insurance coverage increases. During this period, the company typically provides primary liability coverage with higher limits, often $1,000,000 per accident.

This coverage protects the driver if they are at fault in an accident that injures another person or damages their property. The company may also provide uninsured/underinsured motorist (UM/UIM) coverage and contingent collision and comprehensive coverage, subject to a deductible.

Period 3: Passenger in Vehicle, Ride in Progress

This period begins when the passenger enters the vehicle and ends when the passenger exits the vehicle. During this time, the ridesharing company's insurance provides the highest level of coverage.

This usually includes at least $1,000,000 in liability coverage, as well as UM/UIM coverage, and potentially comprehensive and collision coverage.

Gaps in Coverage and Potential Issues

While ridesharing companies provide insurance coverage, there can still be gaps and potential issues:

       Low Liability Limits in Period 1: The contingent liability coverage during Period 1 may be insufficient to cover damages in a serious accident.

       Deductibles for Collision and Comprehensive: If a driver relies on the ridesharing company's contingent collision and comprehensive coverage, they will typically have to pay a high deductible (often $1,000 to $2,500) before coverage kicks in.

       Insurance Company Disputes: There can be disputes between the driver's personal insurance company and the ridesharing company's insurer over which policy applies, potentially delaying claims processing.

Tennessee's Ridesharing Insurance Law

Tennessee has enacted laws to address some of the insurance issues related to ridesharing. These laws require ridesharing companies to maintain certain minimum levels of insurance coverage during different phases of a trip. The specifics of these requirements can be found in Tennessee Code Annotated (TCA) Title 55, Chapter 32.

 

 

Steps to Take After a Rideshare Accident

Being involved in a rideshare accident, whether as a passenger, driver, or another party involved, can be a disorienting experience. It's crucial to take the right steps immediately following the accident to protect your health, safety, and legal rights. Here's what you should do:

Ensure Safety and Seek Medical Attention

Your first priority after any accident, including a rideshare accident, is your safety and well-being. Check yourself and any passengers for injuries. If anyone is seriously injured, call 911 immediately.

Even if injuries seem minor, it's crucial to seek medical attention as soon as possible. Some injuries, like internal bleeding or whiplash, may not be immediately apparent. A medical professional can properly diagnose and treat your injuries, creating a record that links them to the accident. It is advisable to go to UT Medical Center, Parkwest Medical Center, or another appropriate facility for treatment.

Move to a Safe Location

If the vehicles are drivable and it's safe to do so, move them out of the flow of traffic to prevent further accidents. If the vehicles cannot be moved, turn on hazard lights to alert other drivers. Stay in a safe location, away from traffic, while you wait for the police to arrive.

Call the Police

Always report the accident to the police, even if it seems minor. The police report will be essential for any insurance claims or legal action. When the police arrive, provide them with a factual account of what happened, but avoid admitting fault. Obtain a copy of the police report number and the names and badge numbers of the responding officers.

 

 

Document the Accident

Gather as much information as possible at the scene, but only if it's safe to do so. Take photographs and videos of the accident scene from various angles, showing the damage to all vehicles involved, the position of the vehicles, any skid marks or debris, traffic signals, road signs, and the surrounding environment.

Note the weather conditions, lighting, and any other factors that may have contributed to the accident. If you are a passenger, take pictures of the inside of the rideshare vehicle.

Gather Information from the Rideshare Driver and Other Parties

Collect the following information from the rideshare driver: name, contact information, driver's license number, insurance information (both their personal auto insurance and the rideshare company's insurance information), and vehicle information (make, model, license plate number). If there were any other vehicles involved in the accident, obtain the same information from those drivers.

Identify and Collect Witness Information

If there were any witnesses to the accident, get their names and contact information. Their statements can be valuable in corroborating your account of events and establishing fault. Encourage witnesses to stay at the scene and speak to the police.

Report the Accident to the Rideshare Company

Notify the rideshare company (Uber, Lyft, etc.) about the accident through their app or customer support as soon as possible. Provide them with the details of the accident and any information you have about the driver and the other parties involved. The rideshare company will likely conduct their own investigation.

Preserve Evidence

Keep any damaged clothing or personal belongings, as they may be relevant evidence. Maintain a file with all documents related to the accident, including the police report, medical records, insurance correspondence, photos, witness contact information, and any other relevant materials. Do not get your car repaired until you have consulted with an attorney.

 

 

Avoid Discussing Fault

Do not admit fault or make any statements about the accident to the other drivers, witnesses, or insurance adjusters. Stick to the facts when describing what happened. Even a seemingly innocent comment like "I'm sorry" could be used against you.

Contact an Attorney

Rideshare accident cases can be complex due to the multiple insurance policies involved and the legal issues surrounding the driver's employment status. Consulting with an experienced rideshare accident attorney in Knoxville is highly recommended.

An attorney like the ones here at DZ Law can protect your rights, investigate the accident, gather evidence, deal with insurance companies, and help you pursue the compensation you deserve. Our team has a great deal of experience handling complex cases like these and we are familiar with the tactics used by rideshare companies and their insurers.

Proving Fault in Rideshare Accident Cases

Proving fault in a rideshare accident can be complex due to the multiple parties involved and the unique nature of the rideshare business model. Here is what's involved in establishing liability so you can seek fair compensation.

Establishing Driver Negligence

The first step is often to establish the negligence of the rideshare driver. This involves demonstrating that the driver breached their duty to operate the vehicle safely and that this breach caused the accident and your injuries.

Common examples of driver negligence include speeding, distracted driving (such as using a cell phone or the rideshare app), running red lights or stop signs, failing to yield, driving under the influence, and fatigued driving. Evidence such as police reports, witness statements, photos and videos of the accident scene, and dashcam footage can be crucial in proving driver negligence.

Determining the Driver's Status

A critical factor is determining the driver's status at the time of the accident. Rideshare companies have different insurance coverage depending on whether the driver was:

       Offline: If the driver was not logged into the app and was not actively using the vehicle for rideshare purposes, their personal auto insurance policy would likely be the primary source of coverage.

       Available or Waiting for a Ride Request: If the driver was logged into the app and available to accept rides but did not yet have a passenger, the rideshare company's contingent liability coverage usually applies. This coverage typically has lower limits than when a ride is in progress.

       En Route to Pick Up a Passenger or During a Trip: If the driver was on their way to pick up a passenger or had a passenger in the vehicle, the rideshare company's full commercial liability insurance policy, often with limits of $1 million or more, typically applies.

 

 

Investigating the Rideshare Company's Potential Liability

While rideshare companies often try to distance themselves from liability by classifying drivers as independent contractors, there are circumstances where the company may be held responsible:

       Negligent Hiring or Retention: If the company failed to conduct adequate background checks or if they retained a driver with a known history of unsafe driving, they could be liable.

       Improper Training: If the company failed to provide adequate training to drivers on safety procedures or company policies, it could contribute to their negligence.

       App Design and Functionality: Some argue that the design of rideshare apps themselves can contribute to distracted driving, as drivers may feel pressured to constantly monitor and interact with the app to accept rides.

Comparative Fault

Tennessee's modified comparative fault system also comes into play. If you were partially at fault for the accident, your compensation will be reduced by your percentage of fault. If you're found 50% or more responsible, you cannot recover any damages.

Evidence Gathering

Proving fault in rideshare accident cases often requires a comprehensive investigation, which may involve obtaining the police report, interviewing witnesses, taking photos and videos of the accident scene, requesting trip data from the rideshare company (which may require a subpoena), analyzing the driver's history and background, and potentially consulting with accident reconstruction experts.

How Our Firm Handles Rideshare Accident Claims

Ridesharing services like Uber and Lyft have revolutionized transportation, but they also present unique challenges when accidents occur. Determining liability in a rideshare accident can be a complex process involving multiple parties and insurance policies.

If you've been injured in such an accident, it's crucial to have experienced legal representation to protect your rights. Here's how our law firm can help you:

Initial Consultation and Case Evaluation

Our firm understands that being involved in a rideshare accident, whether as a passenger, a driver, or a third party, can be a confusing and stressful experience. That's why we offer a free, no-obligation initial consultation to discuss the specifics of your case.

We'll ask you about the details of the accident, such as where it occurred, the time of day, and the driver's status within the app. We'll explain your legal rights and options in clear, easy-to-understand terms, and answer any questions you may have about the claims process.

 

 

Thorough Investigation

If we believe you have a strong case and you decide to hire us, we'll immediately launch a comprehensive investigation to gather all the necessary evidence to support your claim.

Obtaining Police Reports

We'll obtain the official police report from the accident, which contains important information such as the officer's observations, witness statements, and potentially a preliminary determination of fault.

Identifying All Liable Parties

Rideshare accident cases can involve multiple parties, including the rideshare driver, the rideshare company (such as Uber or Lyft), other drivers involved in the accident, and potentially even the manufacturer of a defective vehicle or part. We'll work to identify all parties who may share responsibility for your injuries.

Gathering Witness Statements

We'll track down and interview any witnesses to the accident to obtain their accounts of what happened. Witness testimony can be crucial in establishing fault and corroborating your version of events.

Securing Rideshare Company Data

We'll seek to obtain relevant data from the rideshare company, such as the driver's trip history, GPS data, driver ratings, and any records of complaints against the driver.

This may involve sending formal requests or, if necessary, filing a lawsuit and using the discovery process to compel the company to produce this information.

Reviewing Insurance Policies

We'll carefully review all applicable insurance policies, including the rideshare company's policy, the driver's personal auto insurance policy, and your own insurance policy (including any uninsured/underinsured motorist coverage). Understanding the available coverage is essential for maximizing your financial compensation.

 

 

Documenting Your Injuries and Damages

We'll work closely with you to gather all medical records and bills related to your injuries. We may also consult with medical experts to fully understand the extent of your injuries, the required treatment, and your prognosis for recovery. We'll also help you document your lost wages, property damage, and other economic losses.

Building a Strong Case

Our experienced attorneys will analyze all the evidence and build a compelling case demonstrating the negligence of the at-fault party or parties.

We'll develop a legal strategy tailored to the specific circumstances of your case, whether it involves negotiating with insurance companies or pursuing a lawsuit in court.

Negotiating with Insurance Companies

We'll handle all communications and negotiations with the insurance companies involved. Our attorneys are skilled negotiators who know how to effectively advocate for our clients' interests and counter the tactics insurance companies often use to minimize payouts.

We'll fight to ensure you receive a fair settlement that covers your medical expenses, lost wages, pain and suffering, and other damages.

Filing a Lawsuit if Necessary

If a fair settlement cannot be reached through negotiations, we're prepared to file a lawsuit and take your case to court. We have extensive experience litigating personal injury cases, including those involving rideshare accidents, and we'll vigorously represent you throughout the entire legal process.

Keeping You Informed

We believe in open and transparent communication with our clients. We'll keep you informed of all developments in your case, explain your options at each stage, and answer any questions you may have. We're committed to providing personalized attention and support throughout this challenging time.

Contingency Fee Representation

We handle rideshare accident cases on a contingency fee basis. This means you don't pay any upfront fees, and we only get paid if we successfully recover compensation for you. Our fee will be a percentage of your settlement or court award, which we'll discuss with you upfront, so there are no surprises.

Maximizing Your Compensation

Our ultimate goal is to help you recover the maximum compensation possible to cover your medical expenses, lost income, pain and suffering, and other losses. We understand the physical, emotional, and financial toll that a rideshare accident can take, and we're dedicated to fighting for the justice and compensation you deserve.

We will help you to decide on the best course of action for your specific case. We will make sure that you understand all of your options, and that you know what is going on throughout the entire process. We will do everything possible to make sure that you receive the compensation that you deserve.

Frequently Asked Questions About Rideshare Accidents in Knoxville

Who is liable for damages in a rideshare accident?

Determining liability depends on who was at fault and whether the rideshare driver was actively engaged in a ride at the time of the accident. If the rideshare driver was at fault and actively on a trip, the rideshare company's insurance policy will likely cover damages up to a certain limit. If the other driver was at fault, their insurance will likely apply. However, if the rideshare driver was not actively on a trip, their personal insurance would be the primary coverage.

What should I do if I'm involved in a rideshare accident?

Just like any other accident, ensure everyone's safety first and seek medical attention if needed. Contact the police to file a report and gather information from all parties involved, including the rideshare driver, passengers, and witnesses. It's crucial to document the scene with photos and notes. Note the exact location - was it near the Sunsphere, on Gay Street, or outside a restaurant in Turkey Creek? Be sure to report the accident to the rideshare company (Uber or Lyft) as well. Be sure to report the accident to the rideshare company (Uber or Lyft) as well.

How can I prove the rideshare driver was at fault?

Gathering evidence is key. This includes the police report, witness statements, photos and videos of the accident scene, and any medical records related to the accident. If there were any passengers in the rideshare vehicle, their accounts can be valuable. Sometimes, rideshare companies also have access to trip data that might be helpful in determining fault.

What damages can I recover after a rideshare accident?

Recoverable damages can include medical expenses, lost wages, property damage, pain and suffering, and in some cases, punitive damages. The specific amount will depend on the severity of your injuries and the circumstances of the accident.

Do I need an attorney for a rideshare accident?

While not always required, having an attorney experienced in rideshare accidents can be extremely beneficial. They can help navigate the complexities of insurance claims, gather evidence, negotiate with insurance companies, and represent you in court if necessary.

 

 

Contact a Knoxville Rideshare Accident Lawyer

Don't let the rideshare companies or their insurance providers minimize your injuries or deny your claim. Contact DZ Law by calling 865-259-0020 today for a free consultation. Our team is ready to put our experience, dedication, and resources to work for you today.

Contact Us Today

DZ Law is committed to answering your questions about Transactional Litigation, Transactional Drafting, and Personal Injury law issues in Knoxville, Tennessee. We offer consultations and we'll gladly discuss your case with you at your convenience. Contact us today to schedule an appointment.

Menu