Hit by an Uber or Lyft Driver in Georgia? Here’s How to Protect Your Case

Rideshare services like Uber and Lyft have become part of everyday life in Atlanta. While they offer convenience, they also bring new legal issues when an accident happens. When someone is injured in a crash involving a rideshare driver, the legal process is different than a regular car accident case. That’s because these companies operate under a business model that separates themselves from their drivers — even though the drivers are making them money. As attorneys representing those injured in rideshare accidents across Georgia, we want people to understand how negligence claims work and what rights you have under state law.

In Georgia, liability in rideshare accidents often depends on whether the driver was actively using the app at the time of the crash. Under O.C.G.A. § 33-1-24, rideshare companies must maintain liability insurance coverage of at least $1 million when a driver is engaged in a ride. If the app is on and the driver is available but hasn’t accepted a ride, lower coverage applies — typically $50,000 per person and $100,000 per accident. If the app is off, the driver’s personal insurance is responsible. Understanding this timing is key to filing a claim.

Negligence is the legal foundation of most personal injury claims, and rideshare crashes are no different. To hold a rideshare driver or company liable, we must prove the driver owed a duty of care, breached that duty, and caused injuries as a result. Georgia follows a modified comparative fault system under O.C.G.A. § 51-12-33, which means if you are found to be 50% or more at fault, you cannot recover damages. If you are less than 50% at fault, your compensation will be reduced by your percentage of fault.

Rideshare Accident Injury Cases Are Complex

What makes rideshare claims more complex is the involvement of third parties. For example, if an Uber driver causes a crash while transporting a passenger, both the driver and Uber’s insurance carrier may be involved. Rideshare companies will try to distance themselves by calling their drivers “independent contractors.” However, under Georgia law, this doesn’t automatically shield them from liability. Courts can look at how much control the company has over the driver’s work and determine whether the company can be held responsible under theories of vicarious liability.

Another legal issue is direct negligence. This can include claims against the rideshare company for negligent hiring, retention, or supervision. If Uber or Lyft allowed a driver with a history of reckless driving to remain on their platform, and that driver causes a crash, the company may be liable for putting profits ahead of public safety.

As attorneys handling these cases, we also look closely at the role of distracted driving, driver fatigue, and app-related behaviors. Georgia law bans texting and using handheld phones while driving under O.C.G.A. § 40-6-241, but rideshare drivers often break these rules as they interact with the app while driving. These violations strengthen your claim and may help support punitive damages under O.C.G.A. § 51-12-5.1 if the conduct was especially reckless.

Rideshare accident claims require careful legal strategy. We work hard to protect our clients’ rights and pursue compensation for medical bills, lost income, pain and suffering, and other damages under O.C.G.A. § 51-12-4. If you’ve been involved in a rideshare crash, we want you to know your legal options are clear — and you don’t have to face this alone.

Frequently Asked Questions About Atlanta Rideshare Negligence Claims

What Insurance Coverage Applies If I’m Injured In A Rideshare Accident In Georgia?

Insurance coverage depends on the rideshare driver’s status at the time of the crash. If the driver was off the app, their personal insurance applies. If the app was on and the driver was waiting for a ride request, Georgia law under O.C.G.A. § 33-1-24 requires minimum coverage of $50,000 per person, $100,000 per accident, and $25,000 in property damage. If the driver was transporting a passenger or en route to pick one up, the coverage increases to $1 million. This layered system is why timing is so important in these cases.

Can I Sue Uber Or Lyft Directly For My Injuries?

Possibly. While rideshare companies classify drivers as independent contractors, they can still be held liable in some cases. We may be able to prove direct negligence, such as failure to properly screen or monitor drivers. We may also use agency law to show the company had enough control over the driver to be held responsible. Each case depends on the facts, but courts have been willing to hold rideshare companies accountable under certain conditions.

How Do We Prove The Rideshare Driver Was Negligent?

We build a case by collecting evidence such as police reports, dashcam footage, app data, and witness statements. If the driver violated a traffic law — like speeding, texting while driving, or running a red light — we use that to establish a breach of duty. We also review the driver’s history and any prior complaints, as well as the rideshare company’s hiring and monitoring practices.

What If I Was A Passenger In An Uber Or Lyft When The Crash Happened?

If you were a passenger, you almost always have the right to seek compensation. You may file a claim against the at-fault driver’s insurance, the rideshare company’s insurance, or both. As a passenger, your role in the crash is usually not questioned, so liability becomes a matter of determining which party caused the crash and how coverage applies.

How Long Do We Have To File A Rideshare Accident Lawsuit In Georgia?

Under O.C.G.A. § 9-3-33, you generally have two years from the date of the accident to file a personal injury claim. However, building a strong case takes time. Evidence can disappear, and witnesses’ memories fade. We encourage injured victims to take legal action as soon as possible.

What Damages Can Be Recovered In A Georgia Rideshare Injury Claim?

You may be entitled to compensation for medical expenses, future treatment, lost income, diminished earning capacity, pain and suffering, and more. In serious cases, punitive damages

may be awarded under O.C.G.A. § 51-12-5.1 if the driver’s behavior was grossly negligent or intentional.

Is The Rideshare Company Liable If Their Driver Was Using The App But Didn’t Have A Passenger?

If the app was on and the driver was available for rides, then the lower-tier insurance coverage applies. The company may still be liable under certain legal theories. We look at whether the company exercised control over the driver, whether the driver was acting within the scope of their service, and whether any hiring or monitoring failures played a role.

What If A Rideshare Driver Hit Me While I Was Walking Or Biking?

Pedestrians and cyclists can also be victims in rideshare crashes. Whether the driver was using the app or not will affect which insurance policy applies, but your right to compensation remains the same. We investigate driver behavior, phone use, speed, and whether the rideshare company had any responsibility for the driver’s actions.

Protect Your Rights With Shani O. Brooks P.C.

At Shani O. Brooks P.C., we take rideshare negligence seriously because we know what’s at stake. When you’ve been hurt by a careless rideshare driver, your health, livelihood, and future are on the line. Whether you’re a passenger, pedestrian, or another driver, our team is here to fight for your rights under Georgia law. Many of our clients are business owners and professionals who can’t afford to lose the stability they’ve worked hard to build. We help protect what matters — your health, your income, and your family’s security.

Contact our Atlanta auto accident attorney at Shani O. Brooks P.C. Attorneys at Law by calling 404-920-4736 to receive your free consultation. From our office in Atlanta, we represent injured clients across the entire state of Georgia. Let us put our knowledge of Georgia rideshare laws to work.