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Atlanta Rideshare Accident Attorneys

Injured In An Uber Or Lyft Accident?

In Georgia, rideshare companies such as Uber and Lyft have become popular modes of transportation. Rather than flagging down a cab, people can simply request a ride from a cell phone app and a car will arrive within minutes to take you to your destination. However, Uber/Lyft drivers and passengers alike are still susceptible to being involved in a car accident.

If you have been hurt while riding in a rideshare vehicle or driving your vehicle after getting struck by an Uber or Lyft driver, our accident lawyers at The Kalka Law Group are committed to helping you obtain the compensation entitled to you, to help you make the best possible recovery from injury.

Call for Legal Help After a Rideshare Accident

What you will find on this page:

Why Is It Important To Have An Expert Attorney In Uber/Lyft Accident Claims In Atlanta, Ga?

Remember, Uber and Lyft will do their best to deny your claim or offer you the lowest possible amount. Having a skilled attorney on your side can make a significant difference by protecting your rights and best interests.

The Kalka Law Group has had success in Uber cases in the past, recovering over half a million dollars for an Uber-X driver who was hit by a negligent driver. We have been experts in rideshare accidents since 2014 and know the ins and outs of how insurance works when it comes to Uber accidents and other rideshare companies.

With more than three decades of combined legal experience, we have recovered millions on behalf of our clients by providing them with effective and personalized legal solutions.

Determining Fault In A Uber And Lyft Accident

Rideshare drivers need to establish the facts of their case as soon as possible to pursue compensation. If another party acted negligently and caused the accident, then the rideshare driver will need to gather compelling evidence, such as a police report, pictures of the accident scene, and information for any witnesses.

Determining responsibility for who should pay compensation for a rideshare accident is complicated because rideshare drivers are considered independent contractors, according to The National Labor Relations Board.

Individuals with occupations that meet the following factors are considered independent contractors instead of regular employees:

  • Control of the work that is performed and how it is done is left to the individual
  • Business components of the job are managed by the individual
  • The individual does not receive any employee benefits
  • There is no formal employee contract

Since Uber and Lyft drivers are classified as independent contractors, they can’t file workers’ compensation claims for accident injuries.

However, the following insurance policies might apply to rideshare accidents:

  • The rideshare company’s insurance policy
  • The policy of the other driver involved in the accident
  • The rideshare driver’s personal insurance policy

Who Do You File An Insurance Claim With After A Rideshare Accident?

If you were riding as a passenger in a rideshare vehicle, you may be wondering if you must file a claim against the driver or the company. To recover financial compensation from an Uber/Lyft accident, you must prove who is at fault and the damages involved.

If the Uber/Lyft Driver Is At Fault

In this case, you will most likely file a claim against the insurance company. Even though all rideshare drivers must carry personal car insurance that meets or exceeds state minimums unless they have coverage for commercial purposes, you will have to file a claim with either Uber or Lyft. Both companies provide liability coverage totaling $1 million.

If the Other Driver Is At Fault

If you were involved in an accident with a third-party driver while riding in an Uber or Lyft, you will need to file a claim with the third-party driver’s insurance. If you were struck by an uninsured or underinsured driver while riding as a passenger, Uber and Lyft also provide $1 million in UM and UIM coverage.

If the Uber/Lyft Driver Was Not Logged Into the App

If you were struck by an Uber driver who was not logged into the app, then you would file a claim with his/her personal insurance. But if the driver was logged into the app but didn’t accept a ride, Uber/Lyft can cover victims up to $50,000 per person, $100,000 per accident, and $25,000 in property damage.

When is Uber or Lyft Responsible for a Rideshare Accident?

Companies like Uber and Lyft often try to escape liability by putting the full blame on the rideshare driver. However, it is not a cut-and-dry situation. A rideshare company might contribute to the likelihood of a rideshare accident and become partially liable for it.

For example, when a new fare becomes available, the rideshare driver gets a ping on their phone to inspect the ride request. They are then given the option to accept or reject the customer. While deciding if they want the fare, they have to pay attention to their smartphone, which is an obvious distraction. If they do want to accept the fare, then they have to take their hands off the wheel, making it even more likely that they will cause a crash.

Reasonably, you would say that the rideshare company has contributed to the accident by distracting the rideshare driver so much. Yet the rideshare company will still fight to say they are not liable because the driver is an independent contractor, not an employee.

When Is the Driver Responsible for a Rideshare Accident?

Much like any other kind of accident, drivers are typically liable in accidents in which they act negligently. With regards to rideshare accidents, there may also be some discussion of whether the driver lied about a clean driving record to become a driver for the company.

However, much of the acts involving rideshare accidents and driver liability falls on various reckless actions, including the following:

When a driver acts in a manner that puts others in danger, they are considered responsible for their actions. It is also important to discover if there was any additional negligence involved that may be attributed to the company or another factor.

When Is a Third Party Considered Responsible?

While not always the case, there may be some situations in which additional parties may be considered liable in a case involving a rideshare vehicle. Like other car accidents, there’s the potential for manufacturers to be held accountable for the crash should a defect be the cause.

Auto defect matters can come into play should the parts of a vehicle fail to work properly. Consider a situation in which the brakes fail due to a defect, causing the vehicle to crash into another vehicle or a pedestrian. In this instance, it is the manufacturer who can be held liable.

However, there may be other circumstances involved to complicate matters, such as the need for maintenance. If the driver and owner of the vehicle fail to properly check their vehicle, or provide repairs when they know of a potential issue, they may be considered responsible as well.

Common Causes Of Uber And Lyft Collisions

Distracted Driving

Distracted driving is one of the top causes of car accidents across the United States. Phone use is especially dangerous — taking your eyes off the road to look at your phone, even for a short time, can quickly result in a collision.

Uber and Lyft drivers frequently use the rideshare apps during their trips, mainly for navigation purposes. This behavior is still an act of distracted driving and can be hazardous for passengers and others on the road.

Maintenance Issues

As Uber and Lyft drivers are considered independent contractors, they have no more responsibility than any other driver to maintain the condition of their car. Uber and Lyft do not require their drivers to have regular oil changes, tire rotations, or anything of the sort. A person who drives for a rideshare company can fail to regularly repair their car, and this negligence can result in mechanical issues. Brake failure, inadequate tires, dim headlights, and a variety of other problems can lead to an accident.

Traffic Violations

Traffic laws are in place to protect the safety of all drivers and passengers, and committing a traffic violation endangers everyone else on the road. Unsafe driving practices can obviously cause accidents. Any Uber or Lyft driver who speeds, fails to signal, runs red lights and stop signs, or engages in any other illegal behavior on the road can collide with another driver and cause injury to all those involved.

Who Are Common Injury Victims In Rideshare Accidents?

Any time a rideshare accident occurs, it can be easy to get confused about the situation that lies ahead and how you can proceed with legal action. Unfortunately, there are a number of factors that must be considered when pursuing compensation of which you must be aware.

First, though, it’s imperative to know who can be a victim in a rideshare accident. Knowing this can give you an idea of what legal rights and options you may have moving forward. Here are a few of the most common parties who are considered victims in rideshare accidents and what action can be taken.

Injured Pedestrians

Pedestrians are some of the most common—and sometimes most severely injured—in rideshare accidents. They don’t have the same protection that other motorists have and they’re often vulnerable to catastrophic injuries caused by the collision.

Much of the time, when a driver is distracted, unaware of his or her surroundings, and scanning for passengers, they can run stop signs or traffic signals. This can create a serious problem for pedestrians crossing intersections.

Other Drivers

Much like any vehicle accident, other drivers can be severely injured when a rideshare driver is negligent. If he or she is looking at a cell phone, it can create a head-on or rear-end collision. Drivers in the other vehicle can suffer significant harm and can take legal action for the negligence involved.

Rideshare Passengers

Many take rideshare vehicles to be safe and avoid drinking and driving. Unfortunately, rideshare passengers can also be injured when the driver is negligent and causes a serious accident. Part of this is a result of the distractions that drivers face when accepting or declining new fares.

At The Kalka Law Group, we put your rights first and help you understand if you have the right to pursue legal action against a negligent party. Trust that we’re on your side every step of the way and are working to hold the responsible party fully accountable for their actions.

Our attorneys understand the various problems you face after a serious injury, including medical expenses, lost wages, and more. We’ll work hard to pursue the compensation you need to cover these losses.

What Can Be Done After A Rideshare Accident In Atlanta?

Unfortunately, there are a lot of complexities involved in the legal world when it comes to rideshare vehicles and companies, and their contribution to accidents. There is not much of a history involved in these types of accidents, and it makes it more difficult to litigate for the injured.

However, this does not mean the matters are impossible, and you can still have the right to pursue compensation if you’ve been involved in an accident involving one of these vehicles. You can still work with an attorney to recognize what negligence may exist, who is responsible, and your rights to move forward.

If you have been involved in an accident involving a rideshare vehicle, it’s imperative to recognize your legal options. At The Kalka Law Group, we’re here to help you understand how liability works in these types of cases and help you pursue the compensation you need.

Whether liability falls on the company itself, the driver of the vehicle, or another party, our Uber & Lyft accident lawyers will work with you to gather the necessary evidence and build a strong case on your behalf. Trust that we have the experience and knowledge to navigate these matters confidently and compellingly.

What Should My Next Steps Be?

Uber and Lyft accidents should be treated like any motor vehicle collision — get medical help, and gather evidence and information from everyone involved in the crash.

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It is crucial that you report the incident to Uber or Lyft and secure legal representation right away.

Are Uber And Lyft Drivers Insured?

In addition to their own personal car insurance plan, Uber and Lyft drivers are also required to have insurance that is supplied by the rideshare company. Their policies are meant to cover the driver for incidents that may not be covered by their own plan.

The Uber and Lyft insurance plans apply only when a driver is available to pick up passengers, when drivers are “on the clock,” in a sense.

Each of the companies have a very similar policy, with coverage limits of $50,000 per person, $100,000 per accident, and $25,000 for property damage when a driver is awaiting a ride request. Once a driver accepts a ride request, Uber and Lyft offer $1,000,000 in accident coverage during the time a driver is going to pick up a passenger or has a passenger in their vehicle.

Can I Pursue A Claim Against Uber Or Lyft If I Get In An Accident With One Of Their Drivers?

Rideshare app drivers are classified as independent contractors, rather than Uber or Lyft employees. This classification, in a way, separates the companies from the actions of their drivers. A suit can be brought against Uber or Lyft if it is discovered that the company was negligent in some way by hiring a driver. Hire an experienced Uber & Lyft accident attorney to take a look at your claim right away.

Is The Uber Or Lyft App Considered A Distraction For The Driver?

Uber and Lyft drivers will generally be using their respective rideshare apps while driving for navigation purposes. Any cell phone use, for whatever reason, is distracting and can cause accidents.

Should I Report Misconduct, Such As Driving Under The Influence?

As is the case with any driver, any violation that you felt endangered you or others should be reported — especially driving under the influence. If you ever suspect your Uber or Lyft driver is intoxicated, end the ride and call 911. Be sure to report the presence of drugs or alcohol if you were in an accident while riding in an Uber or Lyft.

Why Are Uber/Lyft Accident Cases Different Than Other Accidents?

An Uber or Lyft accident case is different from other car accident cases because it always involves a third party: the rideshare company. Even if the rideshare driver did not have a passenger in their car when they hit you, it is still worthwhile to review any insurance that might be provided to them by Uber or Lyft. These cases are also unique in that you can expect to be up against a defense team from the auto insurance company and other legal experts who directly represent the rideshare company. With so much opposition, it is highly recommended that you seek a lawyer’s assistance as soon as possible after being in a crash with a rideshare driver or while using a rideshare service.

If you still have questions about what to do after an Uber or Lyft accident in Georgia – do not hesitate to contact The Kalka Law Group for a FREE consultation of your case! Call (404) 529-9371!

Our legal team can help you maximize your award on a contingency fee basis, meaning you don’t have to pay us anything until we win your case. We can investigate the accident, collect evidence, and create a strong case strategy to get the compensation you deserve.

Please download the “What You Need To Know About Rideshare Accidents in Georgia” e-book for more information.

For more information, contact us and discuss your case today.