Rideshare services like Uber and Lyft have changed the way people travel in Atlanta and throughout Georgia, but accidents involving these vehicles can create complex liability issues. Unlike traditional car accidents, where one or more drivers are responsible, rideshare accidents involve multiple parties, including rideshare companies, drivers, passengers, and other motorists. Determining who is liable depends on the circumstances of the accident and the status of the rideshare driver at the time of the crash
Georgia law recognizes that rideshare drivers are independent contractors, not employees, which can complicate liability claims. However, state and federal laws, including O.C.G.A. § 33-1-24, require rideshare companies to carry insurance that covers both their drivers and passengers under certain conditions. This insurance coverage plays a crucial role in determining who pays for damages after a rideshare accident.
A rideshare driver can be held liable if their negligence caused the accident. This includes reckless driving, speeding, distracted driving, or failure to follow traffic laws. However, the driver’s insurance coverage depends on whether they were:
Uber and Lyft provide $1 million in liability coverage under O.C.G.A. § 33-1-24, but they only assume responsibility when the driver is actively engaged in a ride. If a driver was off duty, Uber and Lyft may deny responsibility, leaving the injured party to seek compensation from the driver’s personal auto insurance.
If another driver was responsible for the crash, their insurance policy may cover medical expenses, lost wages, and property damage. In some cases, both the rideshare driver and another motorist may share liability, leading to multiple claims.
If a rideshare accident was caused by hazardous road conditions, a government agency responsible for road maintenance may be liable. Additionally, if a vehicle defect contributed to the crash, the car manufacturer may bear responsibility.
First, call 911 and seek medical attention, even if injuries seem minor. Then, gather evidence by taking photos of the accident scene, vehicle damage, and any visible injuries. Obtain contact information from the rideshare driver, other drivers, and witnesses. Finally, request a copy of the police report, as it will be essential for filing a claim.
Not always. The rideshare company’s insurance coverage depends on whether the driver was actively working at the time of the accident. If the driver was off duty, their personal insurance applies. If they were transporting a passenger or en route to pick one up, Uber and Lyft’s $1 million liability policy may cover damages.
Rideshare companies typically avoid liability by classifying their drivers as independent contractors rather than employees. However, in some cases, victims may file a claim against Uber or Lyft if they failed to conduct proper background checks or allowed unsafe drivers to work under their platform.
Victims of rideshare accidents may recover medical expenses, lost wages, pain and suffering, property damage, and rehabilitation costs. In cases of severe injury or wrongful death, families may be entitled to long-term financial compensation.
Under O.C.G.A. § 9-3-33, the statute of limitations for filing a personal injury lawsuit in Georgia is two years from the date of the accident. Failing to file within this period may result in losing the right to compensation.
Uber and Lyft provide uninsured/underinsured motorist coverage, meaning victims can still recover damages even if the rideshare driver does not have adequate insurance.
Yes. Rideshare accident claims are complex, involving multiple insurance policies and legal challenges. A skilled personal injury attorney can negotiate with insurance companies and ensure maximum compensation for your injuries.
At Shani O. Brooks P.C., we understand the challenges victims face after a rideshare accident. Whether you were a passenger, a pedestrian, or another driver, we are prepared to fight for the compensation you deserve.
Contact our Atlanta rideshare accident attorney at Shani O. Brooks P.C. Attorneys at Law by calling 404-920-4736 to receive your free consultation. We proudly serve clients throughout Atlanta and the entire state of Georgia.