How to Prove Liability in a Rideshare Accident

If you were in an Uber or Lyft accident in Georgia as a passenger or the driver of another vehicle, knowing how to prove liability in a rideshare accident is crucial for seeking compensation for your injuries and property damage.

Contact The Scott Pryor Law Group for a free consultation with a highly qualified rideshare accident attorney who’s recovered millions for clients all across the state. We’ll explain the Uber accident claims process and explain your rights as an injured party.

Understanding Liability in Rideshare Accidents

One of the most important steps in seeking compensation following a rideshare accident is establishing who the liable parties are. These parties may include the rideshare driver, other drivers, the rideshare company, vehicle manufacturers, maintenance providers, and even government entities.

If a driver contributed to the accident, you can file an auto insurance claim against their liability coverage or the rideshare company’s insurance policy. To hold other at-fault parties liable, however, you may need to file personal injury lawsuits, such as a lawsuit based on product liability, if the collision was due to a defective component used by a vehicle manufacturer.

How Uber and Lyft Insurance Works

Uber and Lyft driver insurance coverage works the same, regardless of which rideshare app the driver uses. There are three tiers of coverage, based on what stage of the ride the driver is in:

If the driver is offline, their personal auto insurance will cover your damages (compensation).
If the driver is online and available for a trip when they collide with you, the rideshare company’s insurance policy has limits of $50,000 per person and $100,000 per accident for injuries, and $25,000 per accident for property damage.
If the driver is en route or on a trip, the rideshare company’s insurance policy has limits of at least $1 million for injuries and property damage caused by the accident.

Gathering the Right Evidence After the Crash

Proving fault and establishing liability following a rideshare vehicle crash involves collecting various pieces of evidence connecting the parties’ actions to the collision. Some of the most critical evidence to gather includes:

Police reports, which are used when filing insurance claims
Rideshare app screenshots showing the stage the ride was in
Photos of the damaged vehicles and your visible injuries
Medical records detailing the severity and extent of your injuries
Contact and insurance information from all drivers involved in the accident
Witness names and contact information, so your lawyer can follow up for statements

Your lawyer may also gather additional evidence, such as traffic or dashboard camera footage, rideshare app data, and expert witness testimony.

The Role of Negligence in Determining Fault

Most rideshare accidents result from negligence, which occurs when someone fails to act in a manner that a reasonable person in a similar situation would. The negligent party or parties are responsible for the injured party’s accident-related losses.

For example, distracted driving counts as negligence because a reasonable person understands the dangers of taking their eyes off the road and hands off the steering wheel. Other examples of negligence that cause rideshare accidents include drivers failing to follow traffic laws, such as running stop signs, and aggressive driving, such as speeding and tailgating.

Proving fault in a rideshare crash requires robust evidence, such as traffic camera footage showing the driver running a red light or phone records that show the driver was texting leading up to the collision. The more evidence you have, the stronger your case will be.

When Multiple Parties Are Involved

Georgia Code Section 51-12-33 explains that each party in an accident is liable for their degree of fault.

Let’s say you were a passenger injured in a crash that was half caused by the rideshare driver and half caused by another motorist. Each party would be liable for 50 percent of your damages in this case. The fault determination doesn’t have to be a 50/50 split, and there may be more than two at-fault parties, which can make a case more complicated.

Additionally, if you are partly at fault for the accident, such as if you are a driver who gets in a collision with a rideshare vehicle, your compensation could be reduced in proportion to your percentage of fault. And if you are 50 percent or more at fault for the collision, the courts will prevent you from recovering any compensation through a lawsuit.

How a Lawyer Can Strengthen Your Liability Claim

Working with an experienced car accident lawyer can significantly improve your chances of maximizing your compensation. Some of the ways a lawyer can strengthen your liability claim include:

Hiring a crash reconstruction specialist to demonstrate how the accident occurred
Subpoenaing rideshare app data to show the stage of the trip the driver was in when the accident happened
Calculating your damages by adding up your medical bills, lost wages, and other losses
Determining which party’s insurance coverage applies and how much of your compensation it will cover
Building a persuasive claim through collecting strong evidence
Negotiating with the insurance companies on your behalf and seeking the maximum compensation

What to Do Immediately After a Rideshare Accident

Immediately after a rideshare accident in Georgia, you should take the following steps:

Seek medical treatment for your injuries. Even if you initially feel okay, you may have underlying injuries and should still get checked by a medical professional.
Report the accident to the police, the rideshare service via the app if you were a passenger, and your insurance company if you were a driver.
Document the scene by taking photographs and videos, and asking witnesses for their contact information.
Reach out to a rideshare accident lawyer and allow them to handle your case. A lawyer will protect your right to seek the compensation you need.

Contact The Scott Pryor Law Group

Contact The Scott Pryor Law Group for a free consultation with an experienced rideshare accident lawyer. During your initial consultation, we’ll walk you through your options for seeking compensation and answer any questions you have about your case.

Image via Paul Hanaoka, used with Unsplash License

Scott Pryor

Managing Attorney | CEO

Scott is a U.S. Marine Veteran. He is a member of the State Bar of Georgia and is listed in the top 1% of trial attorneys in the nation by the Litigator Awards. He is also a member of Super Lawyers, National Trial Lawyers, the Georgia Trial Lawyers Association—Champion Level and sits on the Communications Committee of GTLA and the Multi-Million Dollar Advocates Forum.