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Ride Share Liability in Georgia

Injured in a Ride Share Accident in Georgia? Here’s What You Need to Know About Uber and Lyft Liability

How Georgia Law Defines Ride Share Companies

Georgia law refers to ride share companies like Uber and Lyft as Transportation Network Companies (TNCs). These companies use apps to connect riders with drivers who use their personal vehicles to offer rides.

TNCs must be licensed to operate in Georgia and are required to follow strict safety rules, including:
– Performing criminal background checks on drivers,
– Ensuring vehicles pass inspections,
– Keeping insurance coverage in place depending on what the driver is doing at the time of an accident.

The Insurance Coverage Depends on What the Driver Was Doing

The amount of insurance available to pay for injuries or damages depends on what the Uber or Lyft driver was doing at the exact time of the accident.

Driver Was NOT Using the App:
If the driver wasn’t logged into the Uber or Lyft app, then they’re considered to be using their car for personal reasons. In this case, only the driver’s personal auto insurance applies.

Driver Was Logged In but Hadn’t Picked Up a Passenger:
Georgia law requires Uber and Lyft to carry at least $100,000 in injury liability coverage per accident for this “waiting” period.

Driver Was On the Way to Pick Up a Rider or Transporting One:
If the driver had accepted a ride request or was transporting a passenger, Georgia law requires Uber and Lyft to provide at least $1 million in insurance coverage for injuries and property damage.

Can Uber or Lyft Be Sued Directly?

Yes, but it’s complicated. Uber and Lyft classify their drivers as independent contractors, not employees. That means they often try to avoid responsibility for their drivers’ actions.

However, under Georgia law, ride share companies can still be held liable in certain situations:
– Negligent access to the ride share application,
– Negligent retention as a driver,

If a ride share company knew—or should have known—that a driver was unsafe, they can be held liable in court.  What this means is that the Ride Share Network had to actively be negligent in leaving the driver access to their application.

What If You Were a Passenger and Got Hurt?

If you were a passenger in an Uber or Lyft, and were hurt in a crash, Georgia law gives you strong protections.
– The $1 million ride share insurance policy almost always applies.
– If the Uber or Lyft driver caused the crash, you can bring a claim against their commercial policy.
– If another driver was at fault, you can pursue a claim against that driver—and possibly still access the ride share’s uninsured or underinsured motorist coverage.

What If You Were Hurt by a Ride Share Driver While Outside the Vehicle?

If you were:
– Hit by an Uber or Lyft driver while driving your own car,
– Walking or biking and got struck by a ride share vehicle,
– In another vehicle involved in a crash with a ride share driver,

then you also may have a right to recover under Uber or Lyft’s insurance policy, depending on what the driver was doing at the time (what status were they on the rideshare application).

What About Assaults or Sexual Misconduct by Ride Share Drivers?

There have been disturbing reports of passengers being assaulted or harassed by drivers.
Victims may have a legal claim against the driver and Uber or Lyft for:
– Negligent hiring or background checks, was there prior criminal history that should have prevented the driver from accessing the ride share network,
– Failure to investigate complaints made to the Ride Share Network,
– Failing to provide adequate safety features.

In short, did the Ride Share Company somehow negligently allow the 

 

Can You Still Recover If You Were Partially at Fault?

Yes. Georgia follows modified comparative fault. You can still recover damages as long as you were less than 50% at fault.
Your compensation will be reduced by your percentage of fault.

How We Help Clients After Ride Share Accidents

At Andrew R. Lynch, P.C., we’ve represented both passengers and third parties in complex ride share cases.
We:
– Investigate the driver’s background,
– Demand records from Rideshare Companies,
– Handle insurance negotiations,
– Pursue a lawsuit if needed,
– Advocate for you in court.

What Should You Do After a Ride Share Accident in Georgia?

Here are the first steps you should take:
1. Call 911,
2. Get medical attention,
3. Take photos,
4. Get contact info,
5. Do not speak to Ride Share Networks without legal counsel,
6. Contact an attorney.

Talk to a Georgia Ride Share Injury Attorney Today

Ride share accident cases are complex. Don’t try to handle it alone.

If you were hurt in a crash involving Uber or Lyft, we’re here to help.
Contact Andrew R. Lynch, P.C. today for a free consultation.

📍 Located in Decatur, serving all of Georgia.
📞 Call us at 404-373-7735 or email [email protected]