In recent years, Georgia has seen a dramatic uptick in the use of rideshares. Uber and Lyft are two of the most prominent companies. While ridesharing apps can make transportation more convenient, they also result in more car accidents. An Uber or Lyft driver may not necessarily be a good driver.
Whether you are a passenger in an Uber or Lyft that is involved in a crash or the driver of another car hit by an Uber or Lyft driver, you may sustain serious injuries. These can include broken bones, organ damage, traumatic brain injury, spinal cord damage, amputations, burns, or disfigurement.
At Van Slant Law, our Atlanta rideshare accident lawyers are prepared to protect your rights and interests throughout the legal process as we fight for the compensation you deserve. We have recovered hundreds of millions of dollars for injury victims, including many who were hurt in Uber & Lyft accidents. Call our Atlanta personal injury lawyers today for a free consultation.
Causes of Rideshare Accidents in Atlanta
Below are some of the most common causes of accidents with rideshare services:
- High-traffic locations. Rideshare drivers operate in several high-traffic locations where accidents are more likely, such as the Midtown bar district or Buckhead entertainment corridor.
- Dangerous pickup spots. Rideshare drivers may also pick up and drop off passengers in dangerous locations, like the Hartsfield-Jackson Airport pickup zone.
- Distractions. Uber drivers and Lyft drivers must contend with several distractions in their vehicles, like checking the app, talking with passengers, or adjusting the radio and mirrors.
- Unfamiliar locations. Lyft and Uber drivers may have to navigate unfamiliar locations and may make avoidable errors, like turning the wrong way down a one-way street.
Establishing Liability in a Rideshare Accident
To recover compensation after a rideshare crash, you must establish liability. Many Uber and Lyft accidents occur because of negligence. You must prove that it is more likely than not that the Uber or Lyft driver owed you a duty of care, the driver breached their duty, the breach caused your injuries, and the accident resulted in damages.
Breaches of duty of care may involve:
- Speeding
- Tailgating
- Weaving
- Failing to obey traffic signs and signals
- Texting while driving
- Failing to check blind spots
For example, if you are a passenger and your Uber or Lyft driver was weaving through traffic without checking his blind spots, and they collided with the side of another car, you may seek damages.
To further illustrate, if an Uber or Lyft driver runs a red light and T-bones you while you are driving to the grocery store, and you suffer a skull fracture, you may be able to establish liability with the assistance of an Uber or Lyft accident attorney in Atlanta.
Rideshare Accident Liability Coverage: Uber and Lyft Insurance
Understanding liability coverage is crucial if you’re involved in an accident with a rideshare vehicle. Uber and Lyft require drivers to maintain liability insurance policies at the state-mandated minimum levels. However, coverage shifts depending on the driver’s status at the time of the accident, whether offline, available for a trip, or actively transporting a passenger.
According to O.C.G.A. 33-1-24, rideshare insurance coverages work as follows in different scenarios:
- Offline. If Uber or Lyft drivers are offline and are not using the rideshare app, their auto insurance is responsible for covering accident-related damages or injuries. The rideshare company’s coverage does not apply in this situation.
- Online and available for a trip. When the driver is online and waiting for a ride request, Uber’s or Lyft’s third-party liability insurance comes into play if the driver’s insurance doesn’t cover the accident. This insurance coverage includes: $50,000 per person for bodily injury, $100,000 per accident for bodily injury, and $25,000 per accident for property damage.
- En route or on a trip. Uber and Lyft offer increased liability coverage after a driver has accepted a ride and is either on their way to pick up a passenger or actively transporting them. This coverage provides up to $1,000,000 for injuries and property damage affecting passengers and third parties involved in the accident.
Rideshare crashes in Atlanta involve complex insurance questions. Which coverage tier applies changes everything about the value of your case, and we know exactly how to navigate it.
Comparative Fault for GA Rideshare Accidents
Georgia follows a rule of modified comparative negligence. Under O.C.G.A. 51-12-33, you can seek damages after an Uber accident, even if you were partly to blame.
However, the court will reduce your damages by an amount proportionate to your fault, and you can be barred from recovery altogether if you were 50% or more at fault. The jury will evaluate all the evidence, determine the damages, and assign percentages of fault.
For example, if you were 20% at fault and your total damages were $100,000, you would receive a total of $80,000 after accounting for shared negligence. The structure of Georgia laws on comparative negligence means you should work with a lawyer who can push back against claims of shared fault.
Process of Filing a Lawsuit for a Rideshare Accident in Atlanta
If you are in a rideshare accident with a rideshare driver in Atlanta, then you would be filing a lawsuit with the Fulton County court system. The claims process begins with you submitting a claim to the driver’s insurance and, if applicable, the rideshare company’s liability policy.
Once the insurance company receives your claim, they will approve a settlement offer. At this point, your lawyer can negotiate with the insurance company to counter any lowball offers and resolve disputes.
If negotiations fall through, your lawyer can file a formal lawsuit in Fulton County courts. During a civil trial, both sides will present evidence and arguments to a judge and jury. The courts will then decide on whether to award damages and how much.
Statute of Limitations for Rideshare Accidents in Georgia
In Fulton County, the statute of limitations (O.C.G.A. 9-3-33) for personal injury claims, including those related to rideshare accidents, is typically two years. If you are injured in an accident involving Uber, Lyft, or another rideshare service, you generally have two years from the incident date to file a lawsuit.
Filing a claim after the two-year deadline can result in the court dismissing your case, which means you will lose the chance to pursue compensation for your injuries, medical bills, lost wages, and other accident-related damages. That’s why we encourage you to reach out to our Atlanta rideshare accident law firm as soon as possible after a crash.
Damages in Rideshare Accidents
If you’ve been injured in a rideshare accident, the physical, emotional, and financial toll can be overwhelming. Whether you were a passenger in an Uber or Lyft, a driver in another vehicle, or a pedestrian, understanding the types of compensation available is critical to seeking financial recovery for your medical bills, lost wages, and other damages.
Types of damages available in a personal injury lawsuit include:
- Medical expenses. Compensation can cover the costs of emergency care, surgery, hospital stays, rehabilitation, physical therapy, medications, and other healthcare expenses.
- Lost wages and loss of earning capacity. If your injuries prevent you from working, you may be entitled to compensation for lost wages during your recovery period. For more severe injuries affecting your ability to return to work or limit your future earning potential, you may also be compensated for loss of earning capacity.
- Pain and suffering. This compensation addresses the physical pain, emotional distress, and overall reduction in your quality of life resulting from the accident. It accounts for the toll the accident has taken on your day-to-day activities and emotional well-being.
- Property damage. You can seek compensation for repairs or replacement of your personal property. This relief is particularly important if you were driving your vehicle or if your items in the rideshare vehicle were damaged in the collision.
- Punitive damages (if applicable). In cases where the rideshare driver’s actions were particularly reckless or involved misconduct, punitive damages may be awarded. The court typically grants these in cases of extreme negligence, such as driving under the influence or willful disregard for safety.
Several factors, including the severity of your injuries, the cost of medical treatment, and the long-term impact of the accident on your life, determine the compensation you may receive.
Can I Use My Health Insurance If I Get in a Rideshare Accident?
If you get into an accident with a rideshare driver, you can use your health insurance to cover immediate costs. However, if you file a personal injury lawsuit, your health insurance company may be able to take a portion of your settlement to cover their costs. This is called subrogation and is a common clause in insurance policies.
If you don’t use health insurance, you may be able to find a doctor that works on a medical lien. This means that the medical professional is entitled to a portion of your future settlement to pay for medical services rendered.
What Should I Do If I’ve Been in a Rideshare Accident in Atlanta?
If you’ve been injured in a rideshare accident as a passenger or a motorist, you need to act quickly to preserve your ability to strengthen the claim. Here’s what you should do:
- Call the police. If the accident involved injuries or death, you need to call the police. Once they arrive, they will fill out a police report that will serve as evidence of the accident. If the police don’t send an officer, you may have to fill out an SR-13 accident report and submit it to law enforcement.
- Document the scene. Next, you need to document the accident scene. Take pictures and videos of the accident and your injuries. You also need to get the insurance information from the driver and contact info for any eyewitnesses.
- See a doctor. You also need to get medical attention at a facility, such as Grady Memorial Hospital or Piedmont Atlanta. Get hard copies of any documentation, like doctor’s notes, imaging results, lab reports, and discharge paperwork.
- Call a personal injury lawyer. You can also contact an Atlanta rideshare accident lawyer to start building a case. A lawyer can gather additional evidence, interpret insurance policies, and communicate with insurance companies.
Rideshare companies like Uber and Lyft can be very aggressive in pushing back against insurance claims and will have a team of lawyers to defend them. By starting early, you get the best chance of making a successful claim.
Why Choose the Rideshare Accident Lawyers in Atlanta at Van Sant Law?
Van Sant Law is an Atlanta rideshare accident law firm with a proven record of success in Uber & Lyft accident cases throughout Atlanta and Georgia. Here’s what sets us apart:
- Award-winning representation: We’ve been recognized by Super Lawyers, The National Trial Lawyers, and Avvo for our dedication and results.
- Client-focused service: We prioritize communication, compassion, and transparency throughout your case.
- No fee unless we win: You pay nothing unless we recover compensation on your behalf.
- 72-hour case timeline. We have a 72-hour process for investigating rideshare claims, including records preservation, insurance tier investigations, and sending insurance hold letters.
Our attorneys have experience with rideshare accidents, such as one case where we secured over $500,000 for a Van Sant Law client injured by a rideshare driver as a passenger on a ride.
Reach Out to Our Atlanta Rideshare Accident Attorneys Today
We know how traumatic and life-altering a rideshare accident can be. Let us handle the legal battle while you focus on healing. Call us today to speak to a rideshare accident lawyer in Atlanta.
We never settle a case unless the client is happy with the result; that is the Van Sant Law client satisfaction guarantee.
