You can sue either the rideshare driver or the rideshare service, like Uber or Lyft, in a rideshare accident in Atlanta. Determining which party you can sue depends on whether the rideshare driver caused your accident and whether he or she was driving for the rideshare service at the time of the accident.
If you were hurt or lost a family member in a rideshare accident in Atlanta, you may be entitled to compensation for medical expenses, property damage, and other losses. A personal injury lawyer can help you determine the best approach for your situation.
Who Is At Fault in a Rideshare Accident in Atlanta?
Accidents happen all the time, especially in a city like Atlanta that is notorious for its traffic. If you want to hold another party, like a rideshare driver, responsible for your accident, then you must show that he or she caused it through negligent driving. A successful case contains these elements:
- Duty of care: The other driver owed you a duty of care, which is an obligation to avoid putting you at risk of harm. All drivers owe a duty of care to other drivers, pedestrians, bicyclists, and anyone else sharing the road.
- Breach of duty: The rideshare driver breached this duty by driving in a way that put others at risk.
- Causation: The driver’s breach of duty caused your accident.
- Damages: The accident caused you losses that can be compensated financially.
Some of the most common types of negligent driving include:
- Following too closely
- Weaving in and out of traffic
- Ignoring traffic signs and signals
- Failing to yield
- Distracted driving
- Driving while intoxicated
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Georgia Drivers Must Carry Insurance
If another driver caused your accident, most of the time, his or her insurance will cover your losses. According to Georgia’s Office of Commissioner of Insurance and Safety Fire, Georgia drivers must carry liability insurance that meets these minimum requirements:
- $25,000 in bodily injury per person
- $50,000 in bodily injury per incident
- $25,000 in property damage per incident
If you were hit by a rideshare driver who was not driving for Lyft or Uber at the time of the accident, you may be able to recover damages from his personal insurance coverage.
Rideshare Services Provide Drivers with Insurance
Drivers who are driving for a rideshare service carry insurance provided by the rideshare service. When rideshare drivers have the app on and are available or waiting for a request, Uber and Lyft provide:
- $50,000 in bodily injury per person
- $100,000 in bodily injury per accident
- $25,000 in property damage per accident
When drivers are actively driving for a rideshare service, either on their way to pick up a customer or carrying passengers, Uber and Lyft provide:
- $1,000,000 third-party liability
- Uninsured/underinsured motorist bodily injury and/or first-party injury insurance
- Contingent comprehensive and collision up to actual cash value of the car with a $2,500 deductible
If the driver who hit you was actively working for Lyft or Uber at the time of the accident, you may be able to recover damages from his rideshare insurance coverage.
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Recovering Damages After a Rideshare Accident
The value of your damages depends on the severity of the accident. You may be able to recover damages for:
- Medical expenses such as ambulance bills, emergency care, surgeries, follow-up appointments, prescription medication, and more
- Property damage for the repair or replacement of your vehicle
- Lost wages if your injuries prevent you from working temporarily or permanently
- Pain and suffering if the accident causes you mental pain and anguish, chronic physical pain, loss of enjoyment of life, or overall reduced quality of life
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Do You Need a Lawyer After a Rideshare Accident?
You never need a lawyer, but you may want one to guide you through the legal process after a rideshare accident, especially if you decide to sue. Figuring out from which insurance provider you should seek damages, whether you should settle out of court or sue, and how much your losses are worth can be complex, especially if you are recovering from injuries.
A lawyer can:
- Investigate your rideshare accident: They will gather evidence such as police reports, eyewitness statements, cell phone records, toxicology reports, and more to show that the rideshare driver’s negligence caused your Atlanta accident.
- Determine who is legally responsible: They will determine whether the rideshare service or the driver is legally responsible for your losses.
- Estimate your losses: They will use evidence such as your medical bills and records, vehicle repair or replacement receipts, and more to estimate the value of your damages.
- Negotiate a settlement: They will negotiate an out-of-court settlement with the appropriate insurance provider.
- Represent you in a trial: If settling your case isn’t possible, they will prepare your case for court.
Time Limits on Filing a Rideshare Accident Case in Atlanta, Georgia
Georgia limits how long you have to sue after a rideshare accident. O.C.G.A § 9-3-33 sets the statute of limitations for personal injury and wrongful death at two years. This law means you typically have two years from the date of the accident to file a personal injury lawsuit against the at-fault party. You have two years from the date your loved one passed away to file a lawsuit for wrongful death.
Sometimes, the law allows for exceptions to these statutes of limitations. A lawyer will evaluate your case, determine how long you have to file a lawsuit, and make sure that you meet all legal deadlines.
Kaine Law Is Ready to Help with Your Rideshare Accident Case
If you were injured or lost a loved one in a rideshare accident caused by a rideshare driver, you may be entitled to collect financial compensation via an insurance claim or lawsuit. Allow our team to help you recover damages while you recuperate from your injuries.