Cumming Rideshare Accident Attorney

Injuries Commonly Sustained in Rideshare Accidents

Rideshare accidents can cause a range of injuries, from minor to severe. Passengers, pedestrians, and other drivers on the road may all be at risk. Common injuries include whiplash, fractures, head injuries, and soft tissue damage.

Pedestrians involved in rideshare accidents are particularly vulnerable to severe injuries because of the lack of protection. Passengers within the rideshare vehicle may also sustain injuries, often exacerbated by the fact that they are not in control of the vehicle.

In addition to physical injuries, emotional trauma is a significant concern. Victims may experience anxiety or post-traumatic stress disorder (PTSD) following an accident, requiring psychological support and therapy. Therefore, it's crucial for individuals involved in these incidents to receive comprehensive care for both physical and mental health.

Who Is Liable in a Rideshare Accident?

Determining liability in a rideshare accident can be complex, as several parties may be involved. Here are the main parties that could be liable:

• The Rideshare Driver: If the driver was negligent—such as being distracted, speeding, or driving under the influence—they may be held responsible for the accident.
• The Rideshare Company (Uber or Lyft): In certain situations, the rideshare company may also be liable. This could be the case if the accident occurred while the driver was actively transporting a passenger or en route to pick someone up.
• Other Drivers Involved: If another driver was at fault for the accident, they may be held liable. For example, if a negligent driver caused a crash that involved the rideshare vehicle, the other driver’s insurance would be responsible.
• Vehicle Manufacturers: If a defect in the rideshare vehicle caused the accident (e.g., faulty brakes or airbags), the manufacturer could be liable for damages.

How Liability May Shift:

• If the driver was logged into the app but not carrying a passenger, they may not be covered by the rideshare company’s insurance, making their personal insurance responsible.
• If the driver was actively transporting a passenger, Uber or Lyft’s insurance coverage may come into play. In these cases, the rideshare company’s insurance typically covers injuries and damages.

In addition, shared liability situations might arise, wherein multiple parties share the responsibility. It could involve the driver and the rideshare company both being liable due to a combination of misconduct and corporate negligence in driver vetting processes.

How Does Insurance Coverage Work in Rideshare Accidents?

Insurance coverage in rideshare accidents can be confusing due to the involvement of both the driver’s personal insurance and the rideshare company’s insurance. Here’s how it works:

• Driver’s Personal Insurance: If the driver is off-duty or not logged into the app, their personal insurance may cover the accident.
• Rideshare Company Insurance: When the driver is logged into the app, Uber or Lyft’s insurance coverage becomes a factor. The extent of coverage depends on whether the driver is:
  • Waiting for a passenger (lower coverage),
  • Transporting a passenger (higher coverage).
• Injured Party’s Insurance: In some cases, the injured party’s own insurance may cover damages if the liable party is uninsured or underinsured.

Navigating Insurance Claims: Insurance adjusters may try to minimize payouts, so it’s essential to work with a lawyer who can ensure you receive the compensation you deserve. A lawyer can help you understand the complex interaction between personal and rideshare insurance policies.

Additionally, uninsured motorist coverage and underinsured motorist coverage can often bridge gaps when the involved party's insurance is insufficient. It's crucial to review your own policy to understand how it may complement or overlap with rideshare insurance.

What to Do if You're Injured in a Rideshare Accident

If you're injured in a rideshare accident, it’s important to take the right steps to protect your health and legal rights. Here’s a step-by-step guide:

• Seek Medical Attention: Always get checked by a doctor after an accident, even if you don’t feel injured immediately. Some injuries may not be apparent right away.
• Report the Accident: File a police report and make sure to get the incident documented. This will be important for any insurance claims or legal proceedings.
• Gather Information: Collect the rideshare driver’s details, including their name, insurance information, and vehicle information. Get the contact details of any witnesses.
• Take Photos: Capture pictures of the accident scene, including vehicle damage, injuries, and relevant traffic conditions.
• Contact an Attorney: Speak with a lawyer experienced in rideshare accidents. They can guide you through the claims process and help you secure the compensation you deserve.

It's also beneficial to keep a record of any medical treatments received and note any conversations held with insurance representatives. This information can be crucial when building a compelling case to secure appropriate compensation.

The Statute of Limitations for Rideshare Claims in Georgia

Understanding the statute of limitations is crucial when pursuing a rideshare accident claim in Georgia. In our state, the law imposes a time limit within which you must file your claim. For rideshare accidents, the statute of limitations is typically two years from the date of the accident.

This may seem like a sufficient amount of time, but delays can impact the strength of your case. Evidence may deteriorate, witnesses may become unavailable, and memories can fade. It is in your best interest to consult with our Cumming rideshare accident lawyers as soon as possible to ensure the preservation of crucial evidence and to meet all necessary deadlines.