Atlanta Rideshare Accident Lawyer

Atlanta Rideshare Accident Attorney (Uber or Lyft)

Rideshare apps like Uber and Lyft have become popular alternatives to public transportation and taxi services, but it is vital for everyone who uses these services to know what to do if they experience a car accident. An Atlanta rideshare accident lawyer is an invaluable resource for helping you recover fully from this type of accident. Resolving a rideshare accident is quite different from resolving any other vehicle accident case.

While proving fault for a rideshare accident is likely to follow a similar process to what you could expect after most other vehicle accidents, the recovery process could be quite different. You’re likely to face a difficult insurance claim filing process, and many encounter various legal challenges you will not be able to overcome on your own. The team at the Merritt & Merritt Law Firm can provide the guidance and advocacy you will need in these proceedings.

Hurt in a Rideshare Crash? We Can Help

If you’ve been injured from an Uber or Lyft rideshare accident in Atlanta, or in the surrounding area, call our accident attorneys at 404-975-1775. We will hold the at-fault parties financially responsible. Merritt & Merritt has more than 40 years of professional experience representing Atlanta clients in a wide range of car accident cases, including rideshare accident cases. We know the challenges you will face in the aftermath of an Uber or Lyft accident.

Injury cases involving Uber or Lyft can be complicated because determining which insurance carrier is responsible for the damages is not always clear cut. It may be tempting to just settle with an insurance company, but doing so could result in a significantly reduced settlement. It is also possible that a victim may need to file multiple insurance claims to fully recover, or they may need to file a personal injury claim.

Our firm can listen to your story, help you gather the evidence you need to prove fault for the accident and determine what your most viable recovery options are in this difficult situation. Our goal for every case we accept is to help our client maximize their total compensation in the shortest possible timeframe by exploring all available avenues of recovery.

Filing Your Rideshare Accident Claim in Atlanta

Uber and Lyft are convenient methods of transportation, but they are not without risk. A 2018 report states that since 2010, the number of people killed in accidents involving rideshare vehicles has increased by 2-3 percent.

The study was conducted in more than 2900 cities where rideshare services were introduced and examined accident statistics from the National Highway Traffic Safety Administration. Generally, you are no safer in a rideshare than you would be in any other vehicle. Rideshare drivers are not exactly professionals; they are average people like you who take up rideshare driving for work.

When a rideshare accident happens, it is common for an injured passenger to wonder who is to blame and who is responsible for their damages. They may have grounds for legal action against the rideshare driver as well as a third party, and filing an insurance claim will be complicated due to the way that rideshare company insurance works in these situations.

While liability for a rideshare accident could fall to the driver, it is also possible for another driver to be responsible for the accident or for the rideshare company to bear fault for the actions of the driver they negligently hired. This is just one example of how a rideshare accident could turn out to be far more complex than you realize at first. Your attorney can be invaluable for the help they can provide in proving fault for the accident you experienced.

Do You Have a Rideshare Accident Claim?

If you intend to pursue compensation for any vehicle accident in Atlanta, you will need to prove the exact cause of the accident and identify the party responsible for causing it. You may have a rideshare accident claim if one of the following conditions applies:

• You were riding as an Uber or Lyft passenger when the accident occurred
• You were injured in an accident and the other vehicle was an Uber or Lyft rideshare
• You were hit by an Uber or Lyft vehicle while walking, cycling or riding a motorcycle

Under Georgia’s comparative fault rule, you may only file a claim if you have been found 49 percent or less at fault for the accident. If you were riding as a passenger, it is highly unlikely for any party to be able to claim that you bear partial fault for the accident. However, if you were driving your own vehicle when a rideshare driver hit you, they may attempt to claim that you contributed to causing the accident.

An experienced Atlanta rideshare accident lawyer can help defeat any such allegations. However, if you do bear partial responsibility, your attorney can still help mitigate the impact of your comparative fault on your recovery. Whatever fault percentage is assigned to you is how much of your case award you will lose as a penalty. The higher the value of your claim, the more detrimental even slight comparative fault could be.

Why Should You File an Uber or Lyft Accident Claim?

Any traffic accident can leave you with injuries. Some physical injuries, like a broken finger, are immediately felt and understood; others, like a traumatic brain injury, may take months to fully recognize. If you were harmed by another party’s actions, you should not be left to pay for the damage yourself. You could face a host of immediate and long-term issues that should not fall to you if you did not cause the accident.

You may feel fine at the scene of the accident and then hours later, start experiencing excruciating pain when the shock and trauma wear off. You may also require future surgeries or develop complications months or years afterward. Perhaps you have lost income due to hospitalization, therapy or disability. Without the right legal help, how will you be able to care for yourself or your family?

Our firm has decades of experience representing injured people. Our attorneys will make sure you are getting proper medical care and that your compensation includes payment for the full long-term effects of the injury. We can help our clients secure copies of all relevant documentation so they can accurately determine the total value of the damages they can claim from the at-fault party.

Beyond your medical expenses, you may also have grounds to seek compensation for lost income if your injuries prevent you from working during your recovery. You have the right to also seek compensation for future income you will no longer be able to earn if the accident has left you permanently disabled. In addition to your economic damages, you may also seek compensation for the pain and suffering you experienced.

Another reason it is important to file a claim is to hold the other party accountable under the law. People who engage in negligent behavior are more likely to repeat that behavior if they are not held responsible. Your successful claim could potentially prevent others from experiencing similar harm to what you experienced. It will also provide a sense of justice and closure that can be important for anyone who has been harmed in a serious accident.

By making them pay for the damages they have caused, they understand there are consequences for their actions. It also sends a clear warning to others who may think its no big deal to speed through a light or drive under the influence of a controlled substance. Your successful claim could potentially prevent others from experiencing similar harm to what you experienced while also helping you recover fair compensation for your damages.

Who May be Liable for Injuries?

Rideshare accidents usually involve multiple parties such as the rideshare company and the driver of the vehicle. Our team will thoroughly investigate the facts of your accident to make sure all responsible parties are identified and held responsible. It is important to remember that when it comes to rideshare accidents, the fault could easily fall to more than one party, but it can be difficult for the average person to discern all liable parties in their case.

For example, the rideshare driver may have directly caused your accident, but perhaps the rideshare company never performed an appropriate background check on that driver. If such a check would have revealed that driver to be a risk due to their driving history, they may not have been hired. Your attorney can help determine whether the rideshare company and/or a third party shares fault with the rideshare driver for causing your recent accident.

What Damages Can Be Recovered in a Rideshare Accident?

You may request compensation for the medical bills you have incurred. This can include the medical treatment you received at the scene, hospital bills, physical therapy and future medical procedures.

For instance, if you incurred a traumatic head injury, research shows that future problems can develop with cognitive functioning or motor skills. As such, you could need additional therapy or medical care, and it may be possible to obtain compensation to cover those expenses.

You may also suffer from emotional trauma, experiencing nightmares or struggling with resuming your regular activity. For some people, even getting back into a vehicle can generate images of the crash and panic attacks. Psychological trauma can be difficult to prove and difficult to treat. Your attorney will know how to ensure a defendant is held appropriately accountable for the intangible damages they inflicted.

Some injuries are so severe, you miss several days of work or you may be unable to return to work at all. In such cases, you may be able to recover both the current and future income you have lost as a result of the rideshare accident. An experienced lawyer can help calculate projected future earning losses and add these amounts to your claim, ensuring the defendant is held fully accountable for diminishing your earning power.

If the investigation reveals the Uber or Lyft driver was committing a traffic violation or breaking the law at the time of the accident, such as speeding, driving under the influence or running a red light, you may be able to ask for punitive damages. Punitive damages are in place to punish the responsible party and act as a deterrent against future negligent behavior.

Your Atlanta rideshare accident lawyer can help you accurately assess the total amount of compensation you can potentially recover from a successful rideshare accident claim. You may be able to recover some or all of these damages through the insurance claim filing process, but if insurance does not fully cover your losses, you will need to prepare a personal injury suit against whoever bears direct fault for causing the accident.

Don’t Negotiate with the Insurance Company. Call Us First

Uber and Lyft drivers are provided with a $1 million liability coverage, but the coverage is limited. According to Lyft’s website, they have four different types of insurance coverage to protect their drivers and they are only active from the time a driver accepts a ride through the Lyft App until that ride ends.

If the driver’s mode is turned off, the driver’s personal insurance policy is responsible. If the driver’s mode is turned on, but no ride has been accepted, Lyft states it will cover damages if the driver’s personal insurance company won’t. As such, trying to file an insurance claim on your own can quickly become frustrating and complex, especially when it comes to determining which insurance company the claim should be submitted to.

It is important to expect resistance from an insurance company even when the fault is perfectly clear. Insurance carriers almost always fight back against claims for coverage, often looking for any justifications they can find to deny a claim or offer the lowest settlement possible. Additionally, after a rideshare accident, the injured victim may need to claim against a driver’s individual policy as well as the rideshare company’s insurance.

FAQs

Q: Is Georgia a No-Fault Car Accident State?

A: No, Georgia is not a no-fault car accident state. This means the fault rule applies, and whoever is at fault for a car accident is liable for the resulting damages. Proving fault is a required step in recovering compensation for the damages you suffered in your recent rideshare accident. If multiple parties share fault, each will have a fault percentage assigned to them, indicating how much of the total damages they are responsible for repaying.

Q: What Is the Value of My Rideshare Accident Claim?

A: The value of your rideshare accident claim depends on the extent of your damages. Whoever is responsible for causing the accident is liable for all economic losses they inflicted, such as vehicle repair costs, medical expenses, and lost earning power. Additionally, the victim has the right to claim pain and suffering compensation that they believe reflects the severity of their experience.

Q: How Are Pain and Suffering Calculated in Georgia?

A: Pain and suffering can be calculated in various ways, and Georgia law does not set a cap on pain and suffering compensation in most personal injury cases. Your Atlanta rideshare accident lawyer can help determine a suitable amount based on the overall severity of your injuries and the extent of long-term or permanent damages you suffered because of the defendant’s actions.

Q: Does Insurance Follow the Car or the Driver?

A: An auto insurance policy follows the car in Georgia. This means that if you let someone else drive your vehicle, you are essentially letting them borrow your insurance coverage as well. Every driver is responsible for carefully reviewing the details of their insurance policy to ensure they do not accidentally violate these terms and incur penalties. It’s possible for a policyholder to face penalties if they allow someone to use their vehicle in violation of the policy’s terms.

Q: How Much Does It Cost to Hire an Atlanta Rideshare Accident Attorney?

A: The cost of hiring an Atlanta rideshare accident lawyer depends on the attorney’s billing policy. The attorneys at Merritt & Merritt use a contingency fee billing policy for our personal injury clients. This means our clients do not pay anything upfront and instead pay our firm a percentage of the total compensation secured for them. This billing policy ensures that our clients do not pay more for legal counsel than they secure in compensation for their damages.

You’re likely to have many other pressing legal questions in the aftermath of your accident, and it is vital to connect with an experienced Atlanta rideshare accident lawyer as quickly as possible in this situation. Call Merritt & Merritt at 404-975-1775 or fill out our free case review form for a free consultation with one of our caring attorneys. There are no upfront costs and you only pay a contingency fee if you receive a settlement.