Georgia Uber & Lyft Accident Lawyers
In recent years, there has been a dramatic uptick in the use of rideshares in Georgia. One of the most prominent rideshare companies is Uber. While ridesharing apps can make transportation more convenient, they also result in a greater number of car accidents. An Uber driver may not necessarily be a good driver. Whether you are a passenger in an Uber that is involved in a crash, or the driver of another car hit by an Uber 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 accident in Georgia, you may be able to recover damages.
An Uber accident lawyer can help. You should contact the Atlanta Uber accident lawyers at Van Sant Law about your situation.Uber Accidents
To recover compensation, you will need to establish liability. Many Uber accidents occur because of negligence. You will need to prove that it is more likely than not that the Uber driver owed you a duty of care, the Uber driver breached the duty, the breach caused your injuries, and damages resulted. Breaches of the duty of care may involve speeding, tailgating, weaving, failing to obey traffic signs and signals, texting while driving, or failing to check blind spots. For example, if you are a passenger, and your Uber driver was weaving through traffic without checking his blind spots, and he collided with the side of another car, you may be able to recover damages. For another example, if an Uber 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.
Uber maintains insurance for accidents caused by its drivers, which is available if the driver does not carry their own insurance in these amounts. The amount available in a certain situation depends on whether the driver has accepted a trip. If a driver is available but has not accepted a trip, the limits of liability insurance are $50,000 per person and $100,000 per incident. If a driver has accepted a trip, the limit is $1 million in liability insurance and $1 million in uninsured motorist coverage.Comparative Fault
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.
When there is an accident involving a rideshare, several defendants may share fault. Potential defendants could include not only an Uber driver but also other drivers and even other entities. For example, if your Uber 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, and the damages were $1 million, your Atlanta Uber accident attorney should be able to help you recover $250,000 from your Uber driver, $500,000 from the other driver, and $250,000 from the manufacturer.Damages
Once we establish liability in your Uber accident case, you may be able to recover compensatory damages. These can include both economic and non-economic losses. Economic losses could include loss of consortium, out-of-pocket expenses, medical bills, and lost income. Non-economic losses can include pain and suffering, loss of enjoyment of life, and loss of consortium.Consult an Experienced Car Accident Attorney
If you were injured in an Uber accident in Georgia, you should talk to the seasoned personal injury attorneys at Van Sant Law. We are an adapting and safety-conscious law firm, so we can sign your case up electronically without face-to-face interactions, although we can also visit you in person at your home. We have offices in Atlanta, Alpharetta, Athens, Cumming, Duluth, Lawrenceville, and Gainesville, and we represent accident victims throughout Georgia. Call us at 855-GA-INJURY or use our online form to reach an Uber accident lawyer in Atlanta or the surrounding areas. Discover for yourself why we are the Uber and Lyft accident attorney that Georgia victims trust for dedicated, compassionate representation.
I Was in an Accident Using a Rideshare Service. What Should I Do?
Just as you would after any type of car accident, it is important to inform the police so they can prepare a police report documenting the incident. If there are injuries that require medical attention, calling 911 to report the accident will also help ensure injured parties receive the care they need at the scene. It can also be helpful to document as much as you can at the scene of the accident. Gather information about the vehicles, their drivers and contact information for anyone who may have witnessed the accident. Any photos you can take may also be helpful.
As a passenger using a rideshare service, you do not need to contact your insurance company. The drivers’ insurance companies may reach out to you after the accident. However, remember that they may not have your best interests in mind. It’s a good idea to talk to an accident lawyer before speaking to the insurance companies directly.
When Injuries Occur in Uber/Lyft Accidents, Who Is Responsible?
Determinations of fault in any kind of motor vehicle accident can be difficult. As a passenger in an Uber or Lyft, however, you are not at fault; either the rideshare vehicle driver is at fault, the driver of another vehicle is at fault, or both share some responsibility for the accident. If you were injured, you are entitled to receive compensation under Georgia law.
If the Uber or Lyft driver was responsible for the accident, it is likely covered under the corresponding company’s insurance policy and not the driver’s personal auto policy.
Is My Personal Injury Claim Against the Driver or Against the Rideshare Company?
Uber drivers are considered independent contractors, and this has not been contested in Georgia to date. This means that, in certain types of accident scenarios — such as an accident involving an Uber driver who was not working at the time the accident occurred — you could have a legal claim against the driver. In that case, the driver’s personal insurance policy would cover claims up to the policy’s limits.
In most accidents involving Uber or Lyft drivers, however, victims can file lawsuits against the rideshare companies themselves. If the driver was on the clock at the time of the accident, the Uber or Lyft corporate insurance policy should step in to protect the driver and handle claims.
Your Uber accident lawyer will evaluate the facts and circumstances of the accident to determine the specific details of your claim, including identifying the appropriate defendant(s).
My Uber/Lyft Driver Was Uninsured. What Happens Now?
Unfortunately, situations may arise where Uber or Lyft drivers are uninsured or underinsured. Even though rideshare companies typically have stringent requirements for their drivers, the drivers may circumvent the rules. Similarly, you could be involved in an accident where the driver of the other (non-rideshare) vehicle was at fault, and that driver did not have appropriate insurance coverage in place.
Motor vehicle injury accidents can be complex, especially when rideshare drivers and multiple insurance companies are involved. A skilled Lyft or Uber accident lawyer could be invaluable in helping you recover damages in these types of circumstances.
What Compensation Am I Entitled to After an Accident Involving a Rideshare Service?
People who are injured in motor vehicle accidents involving Lyft or Uber are usually entitled to compensation for their injuries under state law, just as injured victims of any non-rideshare accidents are entitled to damages. This includes compensation for the following:
- Medical treatment related to the accident (immediate and ongoing)
- Lost wages
- Pain and suffering
- Compensation for wrongful death if a victim died as a result of the accident
The amount of compensation you may receive depends on the facts and circumstances surrounding the accident. Talk to an experienced personal injury attorney if you or a loved one was injured in an accident involving a rideshare vehicle.