Helping Victims and Their Families After Rideshare Accidents
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. If you were injured in an Uber or Lyft accident in Georgia, you may be able to recover damages.
At Van Slant Law, our Atlanta rideshare accident lawyers are prepared to protect your rights and best interests throughout the legal process to ensure you obtain the compensation you deserve. We have experience handling all types of car accident claims, including Uber & Lyft accidents.
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 personal automobile insurance 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.
Uber’s and Lyft’s 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 coverage includes:
- $50,000 per person for bodily injury
- $100,000 per accident for bodily injury
- $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.
Comparative Fault for GA Rideshare Accidents
Georgia follows a rule of modified comparative negligence. 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.
Several defendants may share fault in an accident involving a rideshare.
Potential defendants could include:
- An Uber or Lyft driver
- Other drivers
- Other entities
For example, let’s say your rideshare driver was 25% at fault, a driver of another car was 50% at fault, and a manufacturer of a defective part in one of the vehicles was 25% at fault. The damages were $1 million. Your Atlanta Uber and Lyft accident attorney can seek to recover $250,000 from your Uber driver, $500,000 from the other driver, and $250,000 from the manufacturer.
Statute of Limitations for Rideshare Accidents in Georgia
Georgia’s statute of limitations for personal injury claims, including those related to rideshare accidents, is two years. If you are injured in an accident involving Uber, Lyft, or another rideshare service, you typically 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.
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 rideshare accident cases 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 damage (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.
Why Choose Van Sant Law?
Van Sant Law is a trusted personal injury 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.
We know how traumatic and life-altering a rideshare accident can be. Let us handle the legal battle while you focus on healing.
