Rideshare Accidents in Atlanta: Who is Liable?

Rideshare services like Uber and Lyft have transformed the way we travel in Atlanta, offering convenience and flexibility to residents and visitors alike. However, as rideshare usage increases, so does the number of accidents involving rideshare vehicles. Determining liability in these cases can be more complex than in traditional car accidents, as multiple parties may share responsibility. At Hawkins Spizman, we specialize in navigating these complexities to help accident victims secure the compensation they deserve.

How Rideshare Accidents Differ From Traditional Car Accidents

Unlike typical car accidents, rideshare accidents involve additional layers of liability due to the involvement of corporate entities like Uber and Lyft. These companies classify their drivers as independent contractors, not employees, which can complicate liability claims. Additionally, rideshare companies provide insurance coverage for their drivers, but the extent of that coverage depends on the driver’s status at the time of the accident.

Who Can Be Held Liable in a Rideshare Accident?

Liability in rideshare accidents can fall on one or more of the following parties:

The Rideshare Driver

If the rideshare driver was at fault, they may be held liable for the accident. Their personal auto insurance may cover damages if they were not logged into the rideshare app at the time of the collision.

Uber or Lyft’s Insurance

Rideshare companies provide insurance coverage that activates under specific circumstances:

When the App Is Off: The driver’s personal insurance applies.

When the App Is On, but No Ride Is Accepted: Limited liability coverage from the rideshare company may apply (e.g., $50,000 per person for bodily injury, $100,000 per accident, and $25,000 for property damage).

During a Ride or After Accepting a Ride Request: Uber or Lyft’s $1 million liability coverage applies for accidents occurring during an active ride.

Another Driver

If another driver caused the accident, their insurance would typically be the primary source of compensation.

Other Third Parties

In some cases, third parties such as vehicle manufacturers, pedestrians, or government entities responsible for road maintenance may share liability.

Challenges in Determining Liability

Identifying the at-fault party in a rideshare accident involves several challenges, including:

Determining Driver Status

It must be established whether the driver was logged into the rideshare app and actively providing a ride at the time of the accident. This affects which insurance policies apply.

Dealing with Insurance Companies

Rideshare companies and their insurers often attempt to minimize payouts by disputing liability or the extent of damages. Their legal teams can be aggressive in denying claims.

Proving Negligence

As with any car accident case, proving negligence is key to determining liability. Evidence such as driver logs, app data, and eyewitness testimony can be critical in rideshare cases.

What Should You Do After a Rideshare Accident?

If you’re involved in a rideshare accident, take the following steps to protect your rights:

• Call 911: Report the accident to law enforcement and request a police report.
• Document the Scene: Take photos of the vehicles, road conditions, and any visible injuries.
• Exchange Information: Collect contact and insurance details from all drivers involved, including the rideshare driver.
• Notify Uber or Lyft: Report the accident through the rideshare company’s app.
• Seek Medical Attention: Even if injuries seem minor, it’s important to get checked by a healthcare professional.
• Contact our Atlanta Rideshare Attorneys: Rideshare accident cases can be legally complex, so consulting an experienced attorney is essential.

Schedule a Consultation Today

Rideshare accidents in Atlanta, Dunwoody, Alpharetta, Cobb County, Fulton County, Gwinnett County, Johns Creek and Sandy Springs require careful investigation and a thorough understanding of insurance coverage and liability laws. At Hawkins Spizman, we are dedicated to helping victims of rideshare accidents navigate these complexities to secure fair compensation for medical bills, lost wages, and pain and suffering. Contact us today for a consultation to discuss your case and learn how we can help.

Source:

uber.com/us/en/drive/insurance/