Ridesharing services like Uber and Lyft are a popular way to get around in Tennessee. With more rideshare vehicles on the road, though, accidents involving these drivers are on the rise. When a rideshare accident occurs, fault is not always clear cut. GPS and other data collected from the rideshare vehicle and apps may help prove which party was at fault.
Determining Liability in Ridesharing Accidents
In any motor vehicle accident, the at-fault driver is liable for damages and injuries to the other parties. Determining which driver was at fault is crucial.
For a standard car accident between two private vehicles, police investigations, eyewitness accounts, and physical evidence like skid marks are used to reconstruct the accident and assign fault.
With ridesharing accidents, liability depends on whether the rideshare driver was on-trip with a passenger or simply driving around waiting for a ride request. Rideshare companies require drivers to have their own auto insurance policies, but provide additional coverage when drivers are on active trips.
- If the accident occurs while on a trip, the rideshare company’s insurance would be primary. Their coverage ranges from $50,000 to $1 million for injuries, deaths, and property damage.
- If the accident occurs while the driver is between trips, their personal auto insurance is responsible.
GPS tracking data from the rideshare vehicle and apps may provide objective evidence of fault.
How GPS Data Can Determine Fault
Ridesharing companies closely monitor their vehicles using sophisticated GPS tracking systems. This allows them to:
- Verify whether drivers are taking the most efficient routes on trips
- Record trip details like mileage for billing
- Track vehicle location, speed, and direction
This GPS data could prove invaluable in assessing fault after an accident. Information like speed and hard braking can demonstrate if a driver was driving recklessly. Evidence that the driver was on an active trip with a passenger may trigger the rideshare company’s insurance coverage.
Specifically, the GPS data may reveal:
- Excessive Speed – Was the rideshare driver speeding at the time of the crash? Speeding is a common cause of serious accidents.
- Hard Braking – Did the GPS show the driver braked aggressively before the accident? This may indicate that they were not paying attention or driving safely.
- Ignored Traffic Signs – Does the accident route and timing data show the driver ignored traffic signs like stop signs or red lights? Running signs or lights often causes collisions.
- Trip Status – Was there an active passenger trip underway during the accident? This could impact which insurance policy takes precedence.
- Driver Distraction – Does the vehicle data reveal possible distracted driving like cell phone use leading up to the crash? Distraction greatly increases accident risk.
In addition to the vehicle GPS data, the rideshare company’s phone apps also track important activity. The passenger and driver apps record trip details that may reveal fault, like:
- Whether the driver accepted a trip request before the accident
- Communications between the driver and passenger
- Pick-up and destination locations
- Trip start and end times
Eyewitness accounts, police reports, and additional evidence would still factor into liability investigations. However, the GPS and app details could provide important objective data points on rideshare driver and passenger actions leading up to the collision. Investigators use this electronic footprint to reconstruct the accident and help determine fault.
How Tennessee Laws Affect Ridesharing Accident Claims
In Tennessee, fault or negligence must be proven in auto accident claims, whether against a rideshare driver or any other motorist. State laws impact accident claims in several ways:
- Tennessee is an “at fault” state – Drivers must prove the other motorist was at least 51% at fault for causing the crash. Comparative fault rules mean you can still seek damages even if you were partially at fault, but awards are reduced by your percentage of fault.
- Police reports are inadmissible – Accident and police reports cannot be used as evidence in injury claims. Witness statements, expert reconstructions, and other evidence must be used to prove fault.
- No “bad faith” lawsuits against insurers – Tennessee does not allow “bad faith” lawsuits against insurance companies for unfair claim settlements. But insurers can still be sued for breach of contract.
Working with an experienced Tennessee attorney can help rideshare passengers and other drivers maximize compensation when injured by a negligent rideshare driver. An attorney can effectively apply TN laws and use resources like GPS data to prove fault and secure a favorable settlement or verdict.
Contact Monge & Associates to Discuss Your Rideshare Accident Claim
Accident claims involving rideshare drivers can be complex given the unique insurance and liability issues. At Monge & Associates, our Tennessee personal injury lawyers have extensive experience handling rideshare, taxi, and limousine accident cases. We work to pinpoint which party was at fault using all available evidence, including GPS and app activity data. Our goal in every case is to build a strong claim so our clients can recover full and fair compensation.
Our lawyers provide skilled representation and personalized guidance to accident victims and their families, and we have 32 offices in 19 states, including Tennessee, Colorado, and Washington, to provide legal expertise across the country. Contact us for a free consultation at (888) 477-0597 to discuss your potential ridesharing injury claim.