Rideshare companies such as Uber and Lyft changed the transportation industry in Kentucky. Rather than hailing an expensive taxi, rideshare apps allow passengers to request transportation from private drivers for a fraction of the cost. Uber drivers operate their personal vehicles under their non-commercial driver’s licenses, which allows passengers to obtain these reduced-rate transportation services. However, it also creates legal barriers to recovering financial damages if you’re involved in a serious rideshare accident.
Standard personal auto insurance does not cover losses that occur when drivers are using their personal vehicles for commercial purposes. Providing rideshare services requires special insurance coverage that most Uber drivers cannot afford. If you suffered an injury in a Kentucky Lyft or Uber accident, you need an experienced Kentucky rideshare accident lawyer from Gray & White.
Our dedicated personal injury attorneys understand Kentucky’s complex transportation network insurance laws applicable to Uber and Lyft accidents. Do not take on these powerful companies alone. Call our 24/7 rideshare injury team at (502) 210-8942 or connect with us online to schedule a free case analysis.
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Kentucky Rideshare Accident Guide
- Most Common Causes of Uber and Lyft Crashes in Kentucky
- Understanding Kentucky Transportation Network Insurance Laws
- Basic TNC Liability Insurance Requirements
- Common Types of Uber and Lyft Accidents in Kentucky
- Holding Rideshare Companies Directly Liable for Personal Injuries
- Serious Injuries Sustained in Kentucky Lyft and Uber Accidents
- Damages Available in Kentucky Rideshare Injury Cases
- Cost of Retaining an Uber Accident Lawyer
- Contact an Experienced Rideshare Accident Attorney in Kentucky
Most Common Causes of Uber and Lyft Crashes in Kentucky
Driver distraction and inattention are the leading causes of motor vehicle accidents in Kentucky and the United States. Because rideshare drivers must use a smartphone application while providing services, this increases the likelihood your rideshare accident involved cell phone distraction.
Uber drivers must accept rides through the application, use the associated GPS for tracking purposes, and close all transactions via their cell phones. However, using a cell phone requires drivers to take their hands, eyes, and minds off the road. Even looking down for a split second can result in a devastating car crash.
In addition to driver distraction, the following factors commonly contribute to Kentucky rideshare collisions:
- Failure to yield
- Medical emergencies
- Falling asleep at the wheel
- Following too closely
- Driving too fast for the conditions
- Overcorrecting
- Speeding
- Weaving between lanes
- Illegal turns
- Drugs and alcohol
- Failing to obey traffic signals
Kentucky vehicle and traffic laws apply to Uber and Lyft accidents. If a rideshare driver violated traffic laws and caused a car crash, our attorneys can hold the driver liable for your injuries. We might even sue the rideshare company directly if it broke the state’s transportation network laws.
Understanding Kentucky Transportation Network Insurance Laws
In Kentucky, rideshare companies are called ‘transportation network companies’ (TNCs). It is because Uber and Lyft are technology companies that provide a platform – the Uber or Lyft smartphone app – connecting drivers with passengers. Further, TNC drivers are not Uber or Lyft employees. They are independent contractors (1099s).
TNC companies intentionally market themselves as technology companies and do not employ drivers to protect themselves from direct car accident liability. However, this legal structure leaves claimants injured by rideshare drivers in an insurance void: they can’t sue the rideshare company for driver negligence, but the driver’s private auto insurance provider would disclaim coverage. Kentucky passed a series of transportation network company laws to address this complicated legal issue.
Basic TNC Liability Insurance Requirements
Under Kentucky law, rideshare companies must maintain primary auto liability insurance when the TNC driver is providing active rideshare services. Rideshare accidents are legally complex because they often involve three separate insurance policies: the driver’s private auto insurance, primary TNC liability insurance, and TNC pre-trip acceptance insurance. The insurance policy applicable to your rideshare accident depends on the driver’s legal status when the collision occurred.
Personal Use
Rideshare drivers offer discount transportation services because they’re using personal vehicles. Just because a negligent driver was also an Uber driver does not mean you can demand damages from Uber or the TNC insurance company. If the driver was using his private vehicle for non-commercial purposes when the accident occurred, standard car accident laws apply. Our personal injury attorneys might help demand damages from the driver’s private auto insurance policy.
Pre-Trip
Pre-trip acceptance refers to the common situation in which an Uber or Lyft driver is available to receive requests on the app but has no business. Some rideshare drivers leave themselves ‘available’ while at home or drive around airports waiting for ride requests. Kentucky calls this ‘pre-trip acceptance’ and requires TNC companies to cover the vehicle with mandatory pre-trip acceptance liability insurance. The driver’s private insurer will not provide coverage during this period, as the vehicle is actively being used for commercial purposes. Kentucky requires TNCs to provide coverage of at least $50,000 per person and $100,000 per accident occurring at this stage. This same coverage applies if you suffered an injury from a driver who’s accepted a prearranged ride but is not actively providing rideshare services. Our lawyers will request app data to determine the driver’s status at the time of the crash.
Active Rideshare
When rideshare drivers are providing services, defined as traveling to pick up or actively transporting passengers, this triggers mandatory primary TNC auto insurance. Rideshare companies must provide at least $1,000,000 in total liability insurance for active rideshare accidents. This insurance covers rideshare passengers, pedestrians, and other vehicle occupants injured by negligent rideshare drivers.
Common Types of Uber and Lyft Accidents in Kentucky
Although legally complex, rideshare accidents are still car crashes. Common Uber and Lyft collisions include the following:
- Rear-end: Rideshare drivers, often distracted looking for pickup locations, may fail to keep a safe distance from other drivers. This can result in rear-end collisions, Kentucky’s most common car accident.
- T-bone: Most fatal Uber accidents involve intersection or T-bone collisions. These occur when rideshare drivers run red lights or stop signs and often involve speeding.
- Merging: Many interstate highways intersect in Kentucky, including I-75, I-64, I-65, and I-264. When Uber drivers are navigating these complex roadways while using a GPS, it often leads to sideswipe accidents.
- Head-On: Rideshare providers must use a GPS through the TNC app when transporting passengers. However, this technology often distracts Lyft drivers and confuses them in unfamiliar areas. Head-on accidents may occur when drivers turn into oncoming traffic or take the wrong highway ramp.
If a careless TNC driver struck you in Kentucky, especially while actively providing rideshare services, contact the experienced personal injury attorneys at Gray & White to discuss your options for recovering compensation.
Holding Rideshare Companies Directly Liable for Personal Injuries
Because Uber and Lyft drivers are contractors and not employees, TNC companies are not directly liable for driver negligence. Most rideshare accident injury claims settle with the liable primary or pre-trip insurance company, but sometimes Uber and Lyft are directly responsible for your damages. It generally occurs if the rideshare company violated Kentucky’s transportation network laws, including the following.
Vehicle Inspection and Safety Requirements
The TNC is responsible for ensuring a mechanic inspects all active rideshare vehicles in Kentucky annually. Rideshare cars must also have four doors and cannot be designed to carry more than eight passengers. When working, drivers should display the company decal and TNC certificate.
Kentucky law requires Uber to keep the rideshare vehicle’s VIN and license plate number on file and maintain all inspection records for review. If a mechanical failure, such as bad brakes, contributed to the rideshare accident, our lawyers might pull these records to determine whether the rideshare company allowed a dangerous vehicle on its platform.
TNC Driver Requirements
Kentucky has stricter rideshare driver requirements than most states. To provide rideshare services in the Commonwealth, the TNC driver must:
- Undergo a national criminal background check
- Be at least 21 years old
- Own, lease, or have written permission to use the vehicle for rideshare purposes
- Maintain insurance
- Have a valid driver’s license and vehicle registration
- Complete a driver safety training course
The rideshare company must ensure that the driver meets these requirements and keep the driver’s record on file for inspection. Our rideshare accident attorneys might immediately request all TNC driver records, including the background check and traffic record report, to identify any red flags. Records of inappropriate behavior, prior accidents, and criminal conduct might support claims against Uber or Lyft for negligent hiring.
Drug, Alcohol, and Safety Policies
Rideshare companies must establish policies prohibiting drivers from operating vehicles while under the influence of drugs or alcohol, accepting street hails, directly soliciting passengers, or providing cash services. The TNC app should also display the rideshare driver’s photograph along with the vehicle description and license plate number to ensure passenger safety.
Any legal violations linked to the accident may support additional personal injury claims against Uber or Lyft. Our rideshare lawyers will immediately request all driver and vehicle safety records to determine whether the TNC allowed a dangerous driver to use its platform. In some cases, legal professionals will discover previous reports of negligent driving behaviors in customer reviews. It allows us to request additional financial compensation from rideshare companies.
Serious Injuries Sustained in Kentucky Lyft and Uber Accidents
Motor vehicle collisions cause life-altering injuries. Common rideshare passenger injuries include the following:
- Concussions: Rideshare passengers often hit their heads on the seat back during Uber accidents, resulting in traumatic brain injuries. Concussions may cause brain bleeding, memory loss, and concentration difficulties. More serious head trauma can result in comas and significant cognitive disabilities.
- Herniated Discs (Back and Neck Pain): The crash force often causes the discs between your vertebrae to slip. Herniated discs push on spinal nerves, resulting in extreme pain, numbness, tingling, and weakness. Back and neck pain are the most reported rideshare accident injuries.
- Burns: High-speed rideshare accidents on major highways or involving large trucks might result in sudden car fires. Passengers may get trapped in the back seat and suffer from third-degree burns and lung damage.
- Fractures and Dislocations: T-bone accidents may result in broken bones and shoulder dislocations. An attorney might help injured passengers, pedestrians, and other drivers recover compensation from the TNC insurer for the pain and lost earnings caused by the fracture.
- Paralysis: When Uber and Lyft drivers speed, it can result in high-impact car crashes. The crash force may permanently injure passengers’ central nervous systems, paralyzing them below the area of damage.
- Death: In some cases, negligent rideshare drivers cause fatal car accidents. Our wrongful death lawyers might obtain damages for eligible family members in such cases.
Catastrophic injuries often result in substantial personal injury damages beyond Uber’s $1,000,000 liability insurance policy. At Gray & White, our experienced Kentucky rideshare accident lawyers will fight to maximize available insurance compensation. It might mean holding third-party drivers liable for contributing to the crash or holding the TNC directly responsible for your injuries.
Damages Available in Kentucky Rideshare Injury Cases
Most serious Uber accident claims settle with the liable insurance company. However, high-value insurers often make tempting lowball settlement offers to claimants without legal representation. Do not accept a rideshare injury settlement without speaking with a dedicated legal professional. In Kentucky, eligible claimants may demand compensation for the following after Lyft or Uber accidents:
- Hospital and ambulance bills
- Surgeries
- Doctors’ fees
- Home nursing costs
- Medications
- Medical equipment
- Medical transportation
- Rehabilitation
- Therapy
- Lost income
- Lost workplace benefits
- Emotional suffering
- Physical pain
- Lost enjoyment of life
- Inconvenience
- Frustration
Reputable law firms will retain expert economists to calculate the lifetime value of your personal injury damages. It allows experienced attorneys to demand fair settlements from TNC insurers.
Cost of Retaining an Uber Accident Lawyer
Do not take on powerful TNC companies alone. At Gray & White, we may accept your rideshare injury case on a contingency fee basis. It allows you to retain dedicated legal counsel without upfront fees or out-of-pocket costs. Instead, we only get paid if we recover compensation for you after an Uber or Lyft crash. Our fee is typically a percentage of the overall award, and we will fight to maximize the damages available in your case.
Contact an Experienced Rideshare Accident Attorney in Kentucky
You may be entitled to substantial personal injury compensation if a rideshare driver injured you, especially while displaying the Uber or Lyft emblem. Our dedicated Kentucky personal injury lawyers might help rideshare passengers and injured third parties identify the active insurance policy and demand fair injury settlements. Contact Gray & White for free to discuss your TNC accident claims by calling (502) 210-8942 or connecting with our Uber injury team online.
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Gray & White, PLLC – Kentucky Office Location
Address: 2301 River Rd #300, Louisville, KY 40206, United States
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