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.
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Settlement for Client Involved in Head-on Collision
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$497,000 $497k Verdict at Trial for an Individual Who Was Struck by a Drunk Driver
Verdict at Trial for an Individual Who Was Struck by a Drunk Driver
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.
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Van Sant Law has recovered millions in compensation for our clients’ benefit.
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Van Sant Law is committed to professional and experienced personal injury representation.
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Our legal team includes former defense attorneys for large insurers who know how they settle injury claims.
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Our firm works hard to ensure that your needs are taken care of during your recovery time. We work for you so you can get your life back.
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"We were thrilled with the support from Van Sant."
The team really helped us as we navigated the claims process after our oldest child had his car totaled by a drunk driver! They were incredibly professional and helped us through every step of the process! Would absolutely recommend their services! Thank you!
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"From the first phone call to getting my settlement check the customer service was great."
They checked in throughout my care and gave updates as well, the process was truly a breeze! I cant thank you guys enough!
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"Van Sant Law was the right support to call after my car accident with my daughter."They were referred to me by a close friend of mine. Extremely professional, and asked the language I feel comfortable to discuss my case in. Alex Rusanov was my case manager and explained every aspect of my case during the process. I would highly recommend to use this law firm if you were injured in a car accident. Drive safe and stay alert!- Angela
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"Van Sant Law took care of everything."
Back in March I was involved in a rear end collision accident. The are very professional and will do whatever it takes to get the best possible offer when it comes with the insurance. 5/5 will recommend to everyone
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"I highly recommend him as a personal injury attorney."
My attorney, David Van Sant and his law firm were outstanding in handling my personal injury case. I was out of work for a considerable amount of time due to an automobile accident and Mr. Van Sant and his entire team were always kind, professional, knowledgeable and especially available. This law firm did their absolute best to answer and return calls and at no time did I ever feel like just a number or stranger. My experience with Mr. Van Sant and his law firm (from beginning to end), were very positive as well as favorable.
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From the beginning, they demonstrated a deep understanding of my case and a commitment to achieving the best possible outcome. Their attention to details, professionalism, and expertise was truly remarkable.
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"Let the Van Sant team handle your case! You're in good hands."
Attorney David M. Van Sant is one of the best injury trial attorneys here in the Atlanta area. They are precise and unique in their approach. When I had my car accident, my whole world was turned upside down, but with Attorney Van Sant and his team of professionals dedication and quality of service, my life is back on track.
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R. Shannon Carpenter is the guy to call! Because of him I got a far larger compensation than I ever expect and the whole process was stress free for me!
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Our firm is dedicated and committed to providing you with the best legal services possible, from your education on the issues to fighting for positive results for your case. Through a free, initial consultation, we will make sure you understand the best way to approach your case, and we’ll review any relevant documents that you provide us with to make sure we have a full, detailed picture of your situation.
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.
Call us at (800) 234-9556 or use our online form to reach an Uber and Lyft accident lawyer in Atlanta or the surrounding areas. We have offices in Atlanta, Alpharetta, Athens, Cumming, Duluth, Lawrenceville, and Gainesville. Discover why we are the Uber and Lyft accident attorneys Georgia victims trust for dedicated, compassionate representation.
FAQ
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What if the Responsible Driver Works for Lyft or Uber? What’s Their Insurance Coverage Limit?As rideshare services grow in popularity, the incidence of injury accidents involving rideshare drivers is also rising. Determining insurance coverage for injury accidents in these cases can be complicated. Rideshare drivers are typically required to have their own auto insurance policies. The rideshare company then also provides certain insurance coverage to drivers involved in accidents while working. For the best chances of obtaining a full and fair settlement for your claim, talk to an attorney who has experience negotiating with insurers after rideshare accidents.
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I Was in an Accident Using a Rideshare Service. What Should I Do?
Just as you would after any car accident, it is essential to inform the police so they can prepare a report documenting the incident. If injuries 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 possible at the accident scene. Gather information about the vehicles, their drivers, and anyone who may have witnessed the incident. Any photos you can take may also be helpful.
You do not need to contact your insurance company as a ridesharing service passenger. The drivers’ insurance companies may reach out to you after the accident. However, remember that insurers may not consider your best interests. Talking to an accident lawyer before directly speaking to insurance companies is a good idea.
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When Injuries Occur in Uber/Lyft Accidents, Who Is Responsible?
In most cases, liability in rideshare accidents depends on who caused it and whether the driver was actively working at the time of the incident. Uber and Lyft provide specific insurance coverage based on the driver’s status — whether off-duty, waiting for a ride request, or transporting a passenger.
In some cases, multiple parties may share responsibility for a rideshare accident. For example, if another driver caused the accident, they may be liable along with the rideshare driver. These situations require a detailed investigation to determine how much responsibility each party holds. Determining liability requires gathering evidence, reviewing insurance policies, and collaborating with experts.
Our team works to identify all potential sources of liability.
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Is My Personal Injury Claim Against the Driver or the Rideshare Company?
Uber drivers are considered independent contractors, which has not been contested in Georgia. In certain accidents, such as an accident involving an Uber driver who was not working at the time the collision 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. 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).
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My Uber/Lyft Driver Was Uninsured. What Happens Now?
Being involved in an accident while riding in an Uber or Lyft can be stressful enough. Still, the situation becomes even more complicated if the driver is uninsured. If you find yourself in this position, you still have options for pursuing compensation.
When your Uber or Lyft driver is actively transporting you or has accepted a ride request, the rideshare company’s insurance coverage should apply, even if the driver is uninsured. Both companies provide liability coverage for accidents that occur during a trip. You should file a claim with Uber’s or Lyft’s insurer, providing all necessary documentation.
If the driver was offline, meaning they were not using the Uber or Lyft app at the time of the accident, their auto insurance is the primary coverage for injuries or damages. However, if the driver is uninsured or underinsured, you may need to rely on your insurance policy for compensation. If you have uninsured/underinsured motorist coverage (UM/UIM) through your auto insurance policy, you can file a claim under it. This coverage protects you when the at-fault driver lacks insurance or enough coverage to compensate you fully for your injuries.
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 help you seek damages in these circumstances.
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