Although rideshare rides are a convenient and affordable way to get around a city, accidents remain a fact of life and add a layer of uncertainty to the lawsuit or claims process. Whether you are a driver or a rider, you have rights to compensation in the event of an accident.
However, there are also a number of potential risks associated with rideshare companies. For example, if you are involved in an accident while using a rideshare service, you may be unsure of what to do or where to turn for help. Contact our Athens Uber and Lyft rideshare accident attorneys at Bader Scott Injury Lawyers today to discuss your options.
Rideshare Insurance Laws in Georgia
In order to legally provide service for rideshare apps, drivers must carry a certain level of coverage. Rideshare companies cover insurance costs and liabilities for drivers and passengers to a certain amount. Rideshare attorneys represent drivers and passengers in Uber or Lyft accident cases, and they can help you determine which insurance coverage will apply to your case.
According to O.C.G.A. § 33-1-24, rideshare companies like Uber and Lyft must provide insurance coverage while the driver uses the app. Georgia law enacted these certain insurance requirements with House Bill 190.
Insurance Coverage While App is in Use
Drivers who are available or waiting for a rider are covered by a $100,000 bodily injury policy per accident, $50,000 for bodily injury per person, and $50,000 for property damage.
Once a driver accepts a rider, Uber and Lyft drivers connected with a rider have up to $1,000,000 of liability and $1,000,000 of uninsured/underinsured coverage.
Insurance Coverage While App Not in Use
When the driver does not have the application open, then their personal insurance coverage applies.
About Uber and Lyft Drivers
Rideshare companies consider their drivers independent contractors, not employees. So, in accident cases, most plaintiffs work through the driver’s insurance or the rideshare company’s insurance.
For a free legal consultation with a uber and lyft rideshare accidents lawyer serving Athens, call (404) 888-8888
Determining Fault in a Rideshare Accident
When an accident occurs, the first question that must be answered is who is at fault. Determining liability is key to any personal injury claim. The law determines driver negligence in Georgia with a few key factors.
Georgia’s At-Fault Laws
Georgia is an at-fault state, meaning that in most collisions, the driver considered negligent pays for the injured party’s bills. Georgia also uses comparative negligence allows for situations in which both parties may be able to receive compensation when both parties contributed to the accident.
O.G.C.A § 51-12-33 states that victims who are no more than 49 percent responsible for their injuries can still collect damages. There are two main options for those injured in an accident: filing a lawsuit in court and filing a claim with the other driver’s insurance company.
Factors of Determining Fault
In Georgia, we can determine in a car accident when we establish negligence. Negligence means that one driver failed to use reasonable care while operating their vehicle, and as a result, an accident occurred.
To prove negligence, you must show that the other driver owed you a duty of care. If one driver broke a law, we can use this as proof that the driver acted negligently.
When determining fault, we can see if the rideshare driver’s actions were unreasonable or otherwise betrayed the duty of care owed to you and anyone else on the road. Speeding, drunk driving, and distracted driving are just a few examples of negligent behavior that could make a rideshare driver liable for your damages.
Athens Uber and Lyft Rideshare Accident Lawyer Near Me (404) 888-8888
Factors in Determining Negligence
The four main components in determining negligence are duty, breach, causation, and damages.
Duty
For example, a rideshare provider has certain legal duties in their relationship to their passengers. They are expected to handle the driving with a certain amount of reasonable care.
Breach
A breach would be actions on the part of someone that breached what would be expected of a “reasonably prudent person” in similar circumstances. This could include improper car maintenance, careless driving, and numerous other factors.
One example of a breach could be distracted driving, especially if the driver was on their phone at the time. House Bill 673 in Georgia dictates that drivers may not touch their phones while driving. They may only use the phone in speaker mode and press one button or use wireless headphones.
Causation
Causation refers to actions or behavior that directly affect the person or their physical property. For example, weather conditions can contribute to accidents, but the driver may not necessarily be liable.
Damages
Damages, either physical or monetary, will help your lawyer determine negligence in an accident. After the courts assign fault, the defendant must repair or pay back the cost of damages.
Who Determines Fault in an Accident?
In most cases, insurance providers assess fault in an accident during the claim process. For this reason, consulting with an attorney is important as they have experience communicating with insurance companies and representing injured parties.
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You Can Seek an Athens Rideshare Attorney After an Accident
After an accident, an attorney helps clients navigate legal requirements and proceedings to negotiate terms. Our attorneys can help by subpoenaing records, speaking to witnesses, and building a strong case to help prove liability. They also know the specific laws and regulations that apply to negligence on the road and in rideshare cases.
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Compensation for Rideshare Accidents
After a car accident, you need compensation for expenses related to your accident. Our lawyers can seek many types of damages including:
Lost Wages
After an accident, property damage or physical injury can contribute to potential lost wages and income. If you are unable to work after your Uber or Lyft rideshare accident, you can seek payment for your losses. You can even seek payment for injuries can hurt your future earning capacity.
Medical Bills
Medical bills include surgery, doctor visits, medications, and follow-up appointments.
Property Damage
From repairs to replacement, compensation helps recover the cost of property damage in a rideshare accident.
Pain and Suffering
Pain and suffering after an accident includes the emotional damage and harm caused by your accident. This can include depression and other mental health conditions, among others.
Contact a Lyft and Uber Rideshare Attorney in Athens Today
If you are ready to discuss the details of your case, you can get in touch with our lawyers. We will review your rideshare accident case and help you understand your legal options. Don’t wait, call Bader Scott Injury Lawyers today!
Call or text (404) 888-8888 or complete a Free Case Evaluation form