The law around liability for rideshare accidents is complex and rapidly evolving. In fact, one state has passed a law designating Uber and Lyft drivers as employees rather than independent contractors, and this has huge implications for who becomes liable in an accident involving a rideshare driver.
Georgia law defines a ride share network service as “any person or entity that uses a digital network or Internet network to connect passengers to ride share drivers for the purpose of pre- arranged transportation for hire or for donation.” A rideshare accident can involve the driver, the passenger, a struck pedestrian, or the person in the other vehicle.
If you’ve been in an accident with a Lyft or Uber vehicle, call the law offices of Banks, Stubbs & McFarland at 770-887-1209 for an initial consultation.
Who is Responsible in a Rideshare Accident?
It depends on who was found to be at fault. In other words, whose negligence caused the accident to happen? Under Georgia law, generally an employer is responsible for an employee’s negligence in causing a car wreck while they are working.
Uber and Lyft will claim that their drivers are independent contractors, and therefore, that these rideshare companies are not legally responsible for their drivers’ mistakes. In the absence of employer liability, if the rideshare driver is at fault, compensation will likely be limited to the driver’s insurance and may be insufficient to make the injured party whole.
But what if the at-fault rideshare driver doesn’t have enough insurance coverage? What if no one is found to be at fault? In either case, we can help you determine if it’s appropriate to file a lawsuit against the rideshare company.
Uber and Lyft insurance both cover up to $1 million for injury and property damages, but an experienced personal injury lawyer will need to uncover evidence that the rideshare company retained control over their driver in order to be held accountable.
If you were the passenger
The first step after any accident is to make sure everyone was was injured receives the medical care that they need. It is wise to take photos of the accident scene, preferably before any vehicles are moved following the wreck. Then, contact an attorney who represents the victims of auto accidents. At Banks, Stubbs & McFarland, we never represent insurance companies, only injured victims.
Do not speak with a rideshare company or insurance representative before consulting with a personal injury attorney. There is no duty to cooperate with an opposing party’s insurance company and the majority of their questions can be answered by the motor vehicle crash report. If you do, you may inadvertently say something that could be used to minimize your claim. Because they work for the insurance company, the adjuster does not have your best interests at heart.
Contact Banks, Stubbs, and McFarland to represent you at 770-887-1209. We will protect your rights and make sure you receive the full compensation you need to cover any medical expenses, disability treatments, losses of earning potential, or pain and suffering.
If you were a pedestrian or another driver struck by a rideshare vehicle
If you were hit by a rideshare driver, whether as a pedestrian or in another vehicle, we urge you to contact an experienced personal injury attorney immediately.
If you are the loved one of someone who died in a rideshare accident
If your loved one was killed as a result of a rideshare driver, you may be able to file a wrongful death lawsuit.
Why do I need a lawyer after an Uber Accident?
Accident cases involving ridesharing companies can be complicated and difficult to navigate. In order to obtain a full recovery, it may be necessary to establish the negligence of the rideshare company. Whether you hire Banks, Stubbs & McFarland or another firm, it will be necessary to retain counsel in order to hold the rideshare company liable. Don’t delay. Contacting us today is the first step towards getting your life restored.