Rideshare services have exploded in popularity in recent years as more and more people rely on Uber, Lyft, and assorted other services to get them to and from destinations. As convenient as these services are, people can become extremely confused when they happen to be involved in a motor vehicle accident with an Uber or Lyft vehicle.
While passengers within Uber and Lyft vehicles will have clear cases for financial compensation, matters can become much trickier when we are discussing other drivers involved in collisions with Uber and Lyft vehicles, pedestrians, bicyclists, and several other parties. Any person involved in an Uber or Lyft accident will want to be quick to seek the help of an experienced Johns Creek rideshare injury attorney because they will be able to determine the best way for you to proceed with your claim.
Responsibility for Uber and Lyft Accidents
Many people who are involved in Uber and Lyft accidents want to believe that both major companies have deep pockets with which to pay compensation in these cases, but Uber and Lyft have specific rules about how much compensation they will pay. All cases are going to depend on the status of an Uber or Lyft driver at the time of an accident.
Uber and Lyft use the following policies:
- When an Uber or Lyft driver is not logged into the app — Rideshare drivers who are not carrying passengers and not available to pick up passengers must be logged out of the app. When rideshare drivers are not logged in to the app when they cause an accident, injury victims will have to go through a rideshare driver’s own personal insurance.
- When an Uber or Lyft driver is logged in but has no passengers — Uber and Lyft drivers that are logged into the app but do not have any passengers will be considered on duty, and the rideshare company’s insurance coverage will provide compensation for an accident victim’s injuries. Uber and Lyft both offer $50,000 per person for bodily injury and $100,000 per accident for bodily injury.
- When an Uber or Lyft driver is carrying a passenger — When Uber or Lyft drivers have passengers, Uber and Lyft will provide compensation of up to $1 million for accident victims.
While these rules seem fairly clear-cut, people should be aware that many rideshare companies will not play fair in their handling of these claims. It is possible that a rideshare company may claim a driver was not logged in when they actually were, so you will want to be sure you have an experienced lawyer on your side.
Causes of Uber and Lyft Accidents
Uber and Lyft vehicles can get into accidents for many of the same reasons other drivers cause collisions. Some of the more common causes of Uber and Lyft accidents include, but are not limited to:
- Speeding
- Distracted driving
- Driver fatigue or drowsy driving
- Improper merging
- Failure to yield
- Failure to abide by traffic lights or signs
- Driving under the influence (DUI) of drugs or alcohol
- Inclement weather
- Improper passing
What You Should Do After an Uber and Lyft Accident
It will be critical for any person involved in an Uber or Lyft accident to seek medical attention as soon as possible, regardless of whether they believe they were hurt. You should always visit a hospital to have a medical professional review your condition and determine what care you may need.
People should always call 911 to report any accident. It can be beneficial for a person to take as many photographs or videos of their crash scene as possible. Another good step to take can be to seek contact information for any witnesses to a crash. People should then contact a personal injury attorney as soon as they can.
Compensation for Uber and Lyft Accidents
Georgia is a modified comparative fault state, meaning that a negligent party must be 51 percent or more responsible for an accident. People involved in Uber and Lyft accidents may be entitled to multiple kinds of compensatory damages.
Special damages or economic damages are actual financial losses or expenses and are much easier to calculate. Examples of special damages include:
- Current and future medical bills
- Lost wages
- Property damage
- Funeral costs
General damages or noneconomic damages will be losses for concerns without financial value, meaning a jury usually decides what the costs are for such damages. Examples of general damages include:
- Pain and suffering
- Disability
- Disfigurement
- Emotional trauma
- Loss of consortium
It is also important to understand that comparative fault in Georgia means that a person’s award will be reduced by their share of negligence in connection with an accident. Thus, a person who receives $100,000 for an Uber or Lyft accident in which they were 15 percent at fault would have their award reduced by $15,000 and ultimately receive $85,000.
Under Georgia Code § 51-12-5.1, punitive damages, vindictive damages, or exemplary damages can also be awarded in tort actions when it is proven by clear and convincing evidence that a defendant’s actions showed willful misconduct, malice, fraud, wantonness, oppression, or that entire want of care which would raise the presumption of conscious indifference to consequences. These awards are not intended to be compensation but punishments for defendants, and Georgia Code § 51-12-5.1(g) limits punitive damages to a maximum of $250,000.
Schedule a Free Consultation With Our Georgia Personal Injury Lawyer
If you suffered serious injuries or your loved one was killed in an Uber or Lyft accident in Georgia, do not hesitate to reach out for legal help so you are able to recover everything you are entitled to. Spaulding Injury Law has handled a wide variety of motor vehicle accident cases, so our firm will have the experience and the know-how to ensure that you are able to recover all of the compensation you need and deserve.
Our firm understands the difficulties that can arise in dealing with these rideshare companies, but we also know how to get them to the table to negotiate possible settlements, although we will not be afraid to take your case to trial when it is necessary. Call us or contact us online to set up a free consultation.
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Brain Injury Lawyer Johns Creek GA
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