Articles Posted in Automobile Accidents

OK, I will admit it. I am a card-carrying member of AARP and I am proud of it – mostly because of the discounts I have enjoyed since qualifying for membership at age 51.   Earlier this week, while reading the AARP monthly magazine, I was alerted to the growing trend of on-call chauffeurs. Rather than using a taxi, the bus or Uber, etc., these on-call chauffeurs will drive you in your car.   While many of these companies are clearly trying to minimize drunk driving, they are certainly not limited to those situations. Over 600 such companies exist in over 46 states. In Nashville, our research revealed three on-call chauffeur companies: Guardian Angel Drivers, noDUIride and Scooter Squad.   Additional companies are located in Knoxville and Memphis. 

These on-call chauffeurs are fantastic to the extent that they prevent even one drunk driving accident. However, there are some things consumers should consider when using these services:

·       How are the drivers screened? Clearly, they should have a clean driving and criminal history?

It is not just U.S. taxi drivers who are upset over Uber. In some European cities yesterday, taxi drivers took to the streets without passengers yesterday to clog traffic in protest over the unregulated Uber.   The protests in Europe focus on the same issues raging in the United States: licensure, training, insurance, fare regulation and safety.   Uber is now valued in the $17 to $18 billion range, so this start-up is quickly turning into a giant.   Uber’s liability to injury victims is an issue we are following closely as this type of service becomes more popular. 

Views…News…And Reviews is keeping on close eye on Uber and similar companies.

For the reasons outlined in this prior post on the subject, we have been interested in  the tort implications associated with Uber and similar ride-sharing services.   Recently, we read some troubling comments from Uber’s CEO regarding an alleged assault perpetrated by an Uber driver. Apparently, an Uber driver allegedly choked a woman who was kissing her bi-racial husband in the back seat of the Uber car. The Uber driver denies this account and claims the woman was drunk and belligerent. To be sure, we do not know what happened and who is telling the truth about the incident. But, we do know this: following the incident Uber’s CEO emailed his press team telling them that “we need to make sure these writers (press) don’t come away thinking we are responsible even when things do go bad. . . these writers are starting to think we are somehow liable for these incidents that aren’t even real in the first place.“   

To be sure, Uber’s CEO may have been correct: this alleged assault may have been contrived. But since his email was sent the same day as the attack, it is unlikely that he had the benefit of a full investigation into the matter to know one way or the other. Instead, his approach appears to be: deny, deny, deny. The fact that Uber’s CEO thinks he has no responsibility to his customers “when things do go bad” is alarming. However, it is unfortunately not unique. As injury lawyers, we see this approach taken time and time again, which is why we do what we do. 

If you or a loved on has been injured and need to hold the at-fault party accountable and recover the damages you deserve, call our award-winning lawyers at either our Nashville or Murfreesboro office.   Nashville 615-742-4880 . Murfreesboro: 867-9900. Toll-free 866-812-8787.   We will review your case at no charge an we handle all accident cases on a contingency basis so we only get paid if we win.

Distracted driving is an epidemic and apparently no one is immune. According to a recent study, 90 percent of parent drivers have engaged in distracted driving with their child in the car with them. The distractions range from talking on the phone, texting while driving, handing a child food or a toy, interacting with the vehicle’s navigation system, etc.

The dangers of this type of behavior are two-fold: First, as any parent can attest, children tend to mirror their parent’s behavior. If parents engage in distracted driving, children are more likely to model that type of behavior when they begin driving. Second, distracted driving is dangerous and the cause of many avoidable accidents. In 2012, 421,000 people were injured in car wrecks involving distracted drivers, an increase of nine percent from the previous year. And each year, more than 130,000 children under the age of 13 seek emergency room treatment for injuries sustained in a car accident.

If you or a loved one has been injured in a car accident, contact us for a free, no obligation evaluation of your case. Call us any time at 615-742-4880 or toll-free at 866-812-8787.   We handle all accident cases on a contingency basis.

Have you seen cars driving around Nashville decked out with a fuzzy pink mustache? The pink mustache is the logo, if you will, for Lyft, a ride-sharing service. Lyft, Ubert and Sidecar all operate in much the same manner.  For Lyft, individuals who need transportation can summon a driver by using their phones — the companies have apps for their services. A pre-screened driver then picks up the individuals and takes them to their destination. The driver does not charge a fare but instead takes a "donation." The cost associated with these types of ride-sharing services has been estimated to be 30% less than a traditional taxi, which is wonderful for the consumer.

But there are some questions related to these services. While these ride-sharing services are quasi-taxis, they are not currently subject to a number of regulations applicable to taxis and limousines. For instance, the drivers do not have to have chauffeur licenses. While the vehicles must be a 2000 model year or later, the vehicles are not subject to inspections. Unlike Nashville taxis, there is not presently a requirement that they be licensed by the city’s Transportation Licensing Commission.

And then there is the issue of liability and insurance. Lyft’s website indicates that it does criminal background checks and Department of Motor Vehicle checks for all of its drivers. These checks are designed to weed out drivers who have been convicted of a DUI, a violent crime, etc. Lyft also requires its drivers to have the state minimum in insurance coverage and then Lyft has its own, additional $1,000,000 liability coverage. 

While knowledge may be power, it does not necessarily translate into positive action as evidenced by a recent study from Liberty Mutual Insurance and SADD (Students Against Destructive Decisions). According to the study, most teens understand the dangers associated with drinking and driving and texting and driving, but they continue to engage in these behaviors. The study also shows teenagers have an alarming definition of what constitutes a designated driver.

The report showed almost all teenagers (96%) understand the distraction associated with texting and driving or talking on the phone and driving. In fact, 62% of teenagers agreed that it is very or extremely distracting. Yet, 86% of teens still do it. The same applies to drinking and driving. While 86% of teenage drivers think drinking and driving is very or extremely distracting, more than two-thirds of the teenagers who admit to doing it also admit to doing it after consuming more than three alcoholic beverages.

As for the concept of a designated driver, 21% of teens think that means the driver is "basically sober," i.e., the driver can have some alcohol as long as they do not become too impaired. 4% of teens think a designated driver means selecting the most sober person in the group to drive. These numbers show us just how much more needs to be done to get teenager drivers to comprehend just how lethal these behaviors can be. Talk to your kids, model good behavior (i.e., don’t text and drive yourself), use an app that will auto-respond to incoming texts to let the sender know the receiver is driving or consider using a device like CellControl. 

According to the Centers for Disease Control and Prevention, teenage drivers (age 16 to 19) are three times more likely to be involved in a fatal crash than drivers over the age of 20.  In the face of these statistics, the Wisconsin Senate has passed a bill which would limit the amount of money a person could recover from a negligent teenage driver’s parents.    

Currently, in Wisconsin, parents are responsible for any harm caused by their child who is under age 18. In fact, the teen driver must be sponsored by a parent who actually signs for the teen to be allowed to obtain a license and agrees to be responsible for the harm caused by the teenager.  Under the proposed legislation, parents would only be responsible for up to $300,000.00 for the harm caused by their teenage child. 

So let’s assume, the teenage driver was texting and crosses the center line and kills another driver and renders the passenger a quadriplegic.  The damages would be capped at $300,000 even though the medical bills and future care for the passenger would be in the millions of dollars and someone lost their life due to the teenage driver’s negligence.