Rideshare Accident Attorney in Louisville, Kentucky

Who are the Major Rideshare Companies in Louisville, KY?

A Transportation Network Company (TNC) is defined under KRS 281.010(67) as a person or entity that connects passengers through a digital network or mobile application to its drivers for the provision of transportation network company services.

Two of the largest rideshare companies across the U.S. include Uber and Lyft. You can find information on what to do after an Uber crash here, and after a Lyft crash here.

Additionally, the state of Kentucky offers alternative rideshare methods including the following:

• Enterprise Rideshare – In Lexington, you can get matched to other interested riders or drivers through their Ride-Sharing Program;
• Every Commute Counts – Specifically for the Louisville area, Every Commute Counts is a community ridesharing program to organize car and vanpools;
• Cardinal Directions – The University of Louisville (UofL) offers free ridesharing and trip planning services for the community.

How Do Rideshare Accidents Occur?

It’s worth noting that motor vehicle accidents occur for all varied reasons. Common scenarios of a rideshare accident in Louisville, Kentucky can include:

1. Distracted driving – Rideshare drivers are required to use a smartphone for navigation purposes and to accept new ride requests. While this is helpful for the act of ridesharing, one cannot overlook the potential distracted driving elements this can cause. An Uber or Lyft driver in Louisville who is distracted while driving can lead to a car accident.
2. Fatigue – Uber or Lyft drivers often work long hours or choose to drive in the late hours of the night. A driver who is fatigued in Louisville can cause a rideshare accident with another person or vehicle.
3. Speeding – There are times where an Uber or Lyft driver has accepted another pickup while still driving another passenger. This can cause the rideshare driver to speed to reach their destination faster, especially during peak driving hours. However, speeding can easily lead to a rideshare accident.
4. Failure to yield – An Uber or Lyft driver who is attempting to navigate a busy road or highway during a trip can cause them to fail to yield the right of way when it is required of them, which can cause a rideshare collision.
5. Impaired driving – Despite the strict policies Uber and Lyft have against impaired driving, an instance where an employed rideshare driver operates their vehicle under the influence of drugs or alcohol could cause a collision.
6. Inexperienced drivers – A rideshare driver who is new to driving or operating a vehicle specifically for rideshare purposes may be unfamiliar with the specific rules of the road or their company, which can cause a crash.
7. Vehicle maintenance – A rideshare driver who does not properly maintain their vehicle that leads to a mechanical failure can cause an unexpected collision.

If you were recently involved in a rideshare accident that was caused by another person’s negligence, contact a personal injury attorney to discuss your case.

Potential Injuries from a Rideshare Crash

The resulting injuries from an unexpected car accident can vary. Morrin Law reminds all our clients that receiving medical attention following a crash should always be prioritized. It is especially important that you collect and maintain all medical documentation of any injuries, which can include:

• Cuts, lacerations, bruises;
• Broken bone(s);
• Amputation;
• Traumatic brain injury (TBI);
• Herniated discs;
• Permanent scarring;
• Internal bleeding; or
• Wrongful death.

Even if your injuries aren’t listed above, you should still consider contacting a Kentucky personal injury lawyer. Morrin Law can analyze your crash details and determine if you have a case.

Who is Liable for a Rideshare Car Accident?

If you are planning to file a personal injury claim, it is important that fault has been determined in the accident. When it comes to figuring out who is liable, it can be complicated in Kentucky. This is because we live in a “no-fault” state, meaning any compensation awarded will be subtracted by the amount of fault each person is responsible for. The following are example accident scenarios of a rideshare accident and the resulting fault and liability:

• If you were a passenger in a rideshare vehicle and your driver is at fault for the accident, then the rideshare company can be held liable for the damages;
• If you were a passenger in a rideshare vehicle and the driver of another vehicle is at fault, the other driver can be held liable, and their insurance should provide compensation for the damages; and
• If you were driving your vehicle and a rideshare vehicle crashes into you, the driver’s insurance or the rideshare company can be held liable for the damages.

Determining fault for a rideshare accident can be confusing. Consider consulting the experienced personal injury attorneys with Morrin Law to review your case.

Regulations for Rideshare Companies in Kentucky

According to 601 KAR 1:113, all rideshare companies must submit and receive approval of a Transportation Network Company Authority Application (TC 95-627). Through this form, TNCs agree to follow all applicable rules and regulations.

The Kentucky Statute further explains that a rideshare driver must obtain and maintain a liability policy and insurance coverage while using a vehicle to transport passengers for compensation.

KRS 304.39-020 provides that a rideshare driver engaged in a prearranged ride must have the basic reparation benefits, meaning to provide reimbursement for the net loss suffered by an injury arising out of the operation, maintenance, or use of a motor vehicle, subject, where applicable, to the limits, deductibles, exclusions, disqualifications, and other conditions under this subtitle. The maximum amount of basic reparation benefits for all economic losses resulting from an injury to any one person because of a single accident is $10,000.

KRS 281.655(4) provides the administrative regulations for TNC pre-trip and prearranged ride liability insurance. The minimum amount of insurance coverage for a pre-trip acceptance liability is:

• $25,000 for property damage;
• $50,000 for personal injury or death to one person; and
• $100,000 for personal injury or death resulting from one incident.

The minimum amount of insurance coverage for prearranged ride liability is:

• $50,000 for property damage;
• $100,000 for personal injury or death to one person; and
• $300,000 for total liability for personal injury or death from one incident.

As Louisville has other rideshare companies aside from Uber and Lyft, this can potentially affect the claims process. While all rideshare companies are required to abide by the TNC rules, there may be less time to pursue an injury claim against a community-based rideshare program. Contact an experienced personal injury lawyer in Kentucky if you have questions about the insurance and liability of a rideshare company following a collision.

Potential Compensation for the Injured Person

When it comes to a Louisville car accident caused by a rideshare driver or company, the following lists damages that a successful claim can be awarded for:

• Emergency medical treatment;
• Past, present, and projected medical expenses;
• Property damage;
• Loss wages;
• Pain and suffering; and
• Other non-economic losses.

An experienced Louisville personal injury lawyer can analyze your case and determine what damages you may be able to recover through a claim.

Example Cases of Rideshare Accidents

The following provides two different examples of rideshare accidents causing injury or death to another person:

• Arizona, 2018 – A self-driving vehicle from Uber caused a fatal pedestrian crash when its sensors did not notice a person crossing the street. According to a report, the sensors inside the autonomous driven vehicle “detected the pedestrian, who was crossing the street with a bicycle, but Uber’s software decided it didn’t need to react right away.” In other words, the software identified a pedestrian as a “false positive,” which resulted in the car hitting and killing 49-year-old Elaine Herzberg.
• Kentucky, 2022 – The Louisville Metro Police Department (LMPD) responded to an accident on Greenbelt Highway that resulted in one person injured and one person killed. The local report indicated that an Uber driver was picking up a passenger outside of a business and attempted to make a left turn. At the same time, a motorcyclist driving North on Greenbelt Highway was speeding and struck the back of the Uber van. The impact of the crash caused the van to “rotate 100 degrees counterclockwise.” The motorcyclist was not wearing a helmet at the time and was pronounced dead at the scene from the impact. The Uber driver was transported to a hospital for non-life-threatening injuries.

How a Personal Injury Attorney Can Help

If you’ve recently been injured in a motor vehicle accident, it is likely that you are still recovering from the initial shock and injuries that are beginning to set in. The last thing you’ll want to focus on is the legal proceedings of a personal injury claim.

Luckily, an experienced attorney can provide exponential help throughout the entire process. If you choose to work with Morrin Law Firm, we can assist you in the following ways:  

• Obtaining and reviewing all investigative evidence – Prior to filing a claim against the person or party at-fault for your rideshare accident, you will need to collect evidence to support your claim. The steps Morrin Law can take to help you develop a successful claim includes:
  • Collecting images and videos of the accident scene to highlight any property damage, indications of fault, and any initial injuries;
  • Reviewing the crash report filed by the responding Kentucky police officer;
  • Receive and analyze medical records from your treatment;
  • Interviewing any witnesses to the accident; and
  • Enlisting expert witnesses such as crash reconstruction experts.
• Contacting insurance companies on your behalf – One of the few things scarier than the accident itself can be contacting the insurance companies afterwards. This is because the insurance companies can be extremely strict, even attempting to downplay the extent of your injuries. However, our personal injury attorneys can speak with the insurance representatives for you, making sure that your claim is being taken seriously.
• Valuing the total damages caused by the rideshare accident – If your injuries are severe, it is likely that you will have other resulting damages from the accident. This can include any medical treatment, loss of work, or any non-economic losses like pain and suffering. Morrin Law ensures to identify the value of all our client’s expenses and losses. When moving forward with your personal injury claim, we will aim to get you the best possible settlement to cover the overall costs caused by the crash.
• Fighting for a Fair Settlement – Once our lawyers have fully assessed the details surrounding your Louisville rideshare accident, we will fight to win you a healthy settlement. This can occur in a settlement agreement, or we can fight for you in court if the case goes to trial. Morrin Law will inform you on what a fair compensation for your case would look like and help to advise you on whether settling or taking the case to trial is the best move for your case.

Still unsure how to proceed for the injuries sustained in a Kentucky rideshare accident? Schedule a free case evaluation with Morrin Law Firm to get started on your case today.

Contact a Rideshare Accident Attorney in Louisville, KY

If you or someone you love has been wrongfully injured by a rideshare driver’s negligence, you should not be responsible for the injuries you have suffered. There may be avenues you can take to receive compensation to help the economic losses caused by the injury. By consulting with a personal injury attorney, you can receive knowledge and insight into Kentucky’s litigation process. Morrin Law is prepared to assess your options through a phone call or video conference with one of our legal representatives.

Find out more about our services and how we can fight to win you the compensation your injuries require. Contact Morrin Law Firm today at (859) 358-0300 to schedule your free consultation.