The convenience of rideshare services like Uber and Lyft has become an integral part of life in a bustling metropolis like Atlanta. Whether you’re commuting to work, heading to Hartsfield-Jackson International Airport, or enjoying a night out in Buckhead, you’re placing your trust in the hands of a stranger.
While the vast majority of these rides are completed without incident, the unfortunate reality is that accidents happen. When they do, the aftermath can be a whirlwind of confusion, pain, and mounting expenses. The steps you take in the moments, days, and weeks following a rideshare collision can have a profound impact on your ability to secure the compensation you need to rebuild your life.
This guide is designed to provide you with a comprehensive understanding of the actions you should take after being involved in a rideshare accident in Atlanta. It will delve into the immediate measures to ensure your safety and well-being, the intricacies of Georgia’s laws as they pertain to these unique situations, and the crucial role an experienced attorney can play in safeguarding your rights.
The moments following a car accident can be disorienting and stressful. Adrenaline is coursing through your veins, and it can be difficult to think clearly. However, the actions you take at the scene are critical for both your health and any future legal claim.
Your first and most important priority is your health. Check yourself and any passengers in your vehicle for injuries. If it is safe to do so, move your vehicle to the side of the road to avoid further collisions. If you or anyone else has been seriously injured, call 911 immediately.
Even if you believe your injuries are minor, it is essential to be evaluated by a medical professional as soon as possible. Some serious injuries, such as internal bleeding or traumatic brain injuries, may not present with immediate symptoms. Adrenaline can mask pain, and what seems like a minor ache could be a sign of a more significant problem.
Seeking prompt medical attention not only ensures you receive the care you need but also creates a crucial medical record that will be invaluable when it comes to documenting your injuries for an insurance claim or lawsuit.
Always report the accident to the police, even if it seems minor. A police report is an official document that details the facts of the accident, including the date, time, and location of the collision, the parties involved, and any citations issued. This report will be a vital piece of evidence in determining fault.
When the police arrive, be sure to provide a clear and accurate account of what happened, but avoid admitting fault or speculating about the cause of the accident. Stick to the facts as you know them.
If you are physically able, gather as much evidence as you can at the scene. This evidence will be instrumental in building a strong case.
Both Uber and Lyft have features within their apps to report an accident. It is important to notify the rideshare company of the incident as soon as possible. However, when you do so, be factual and concise. Do not provide a lengthy statement or speculate about who was at fault. Simply report that an accident occurred.
One of the most challenging aspects of a rideshare accident claim is determining who is financially responsible for your injuries and damages. Unlike a typical car accident involving two private vehicles, a rideshare accident can involve multiple insurance policies and complex legal arguments.
The key to unraveling this complexity lies in understanding the rideshare driver’s status at the time of the collision.
Georgia is an “at-fault” state when it comes to car accidents. This means that the person who is responsible for causing the accident is also responsible for paying for the damages. In many cases, it is clear who is at fault.
However, there are situations where both parties may share some degree of responsibility. In these cases, Georgia follows a “modified comparative negligence” rule.
Under this rule, you can still recover damages as long as you are found to be less than 50% at fault for the accident. However, your total compensation will be reduced by your percentage of fault.
For example, if you are awarded $100,000 in damages but are found to be 20% at fault, your award will be reduced by $20,000, and you will receive $80,000. If you are found to be 50% or more at fault, you will not be able to recover any damages.
The insurance coverage available in a rideshare accident depends on the driver’s status at the time of the crash. This is typically broken down into three distinct periods:
If the rideshare driver is not logged into the app and is using their vehicle for personal reasons, the rideshare company’s insurance will not apply. In this scenario, you would file a claim against the driver’s personal auto insurance policy. Georgia law requires all drivers to carry a minimum of $25,000 in bodily injury liability per person, $50,000 in bodily injury liability per accident, and $25,000 in property damage liability.
This is the period when the driver is available to accept a ride but has not yet been matched with a passenger. During this time, the rideshare company’s contingent liability coverage applies. This coverage is designed to supplement the driver’s personal insurance if it does not cover the accident. In Georgia, the minimum coverage requirements for this period are:
Once the driver has accepted a ride request and is on their way to pick up a passenger, or if a passenger is in the vehicle, the rideshare company’s full commercial insurance policy is in effect.
This provides a much higher level of coverage, typically:
It is important to note that even with these high coverage limits, insurance companies will often try to minimize their payouts. They may dispute the severity of your injuries, argue that you were partially at fault for the accident, or even deny your claim altogether.
In Georgia, there is a time limit for filing a personal injury lawsuit, known as the statute of limitations. For most personal injury cases, including those arising from car accidents, you have two years from the date of the injury to file a lawsuit. If you fail to file within this two-year window, you will likely lose your right to recover any compensation for your injuries.
While two years may seem like a long time, it is crucial to act quickly. Building a strong personal injury case takes time. Your attorney will need to conduct a thorough investigation, gather evidence, consult with experts, and negotiate with insurance companies. The sooner you begin the process, the better your chances of a successful outcome.
There are some exceptions to the two-year statute of limitations. For example, if you are filing a claim for property damage, you have four years to do so. If the injured party is a minor, the statute of limitations may be tolled, or paused, until they reach the age of 18. However, it is always best to consult with an attorney to ensure you understand the specific deadlines that apply to your case.
The aftermath of a rideshare accident can be overwhelming. You are dealing with physical pain, emotional trauma, and the financial stress of medical bills and lost wages. The last thing you need is the added burden of navigating the complex legal system on your own. This is where an experienced Atlanta rideshare accident attorney can make all the difference.
A skilled attorney will be your advocate, fighting to protect your rights and ensure you receive the maximum compensation you deserve. They will handle all the legal aspects of your case, allowing you to focus on what is most important: your recovery.
Here are some of the ways an attorney can help:
To make sure you get everything that you need and deserve for your situation, it’s important to work with an experienced accident lawyer.
At T. Madden & Associates, P.C., we have years of experience in helping the people of Atlanta recover the compensation they deserve after being injured. Contact us today: we serve Atlanta and most major cities and counties of Georgia.
T. Madden & Associates, P.C has an answer for all of your legal questions! We are a Personal Injury firm, so we handle many types of injury cases from auto collisions to wrongful death! If you or someone you know is injured, T. Madden & Associates, P.C. can help.
We are proud to offer free case reviews to anyone who may have questions before getting started. Additionally, if we do take on your case, we promise we won’t charge you a penny unless we recover compensation for your claim.
Please contact our Atlanta attorneys online or by calling 833-PAID-123 to get started today.
