Because of the wide variety of ways an East Point accident involving a rideshare can occur, determining who is liable and whose insurance will compensate injuries is confusing to many personal injury claimants. An experienced East Point personal injury lawyer from John Foy & Associates can help make sense of liability and other matters, and provide assistance with the claim.
Factors that Determine Liability in an East Point Rideshare Accident
In Georgia rideshare accident claims, the individual or entity who causes the accident is legally responsible (liable) for compensating the injuries and property damage sustained by others. In order to prove that someone is liable for the accident, a claimant must be able to show that the at-fault party had a duty to take reasonable actions on an East Point roadway to protect others, they took actions that were contrary to this duty, and these contrary actions resulted in the accident.
The potentially liable parties in a rideshare accident include the following.
The Rideshare Driver
Rideshare accidents are not always the fault of the rideshare driver, though that is certainly one of the potential sources of liability in the accident. A negligent rideshare driver can cause compensable injuries to their passengers, occupants of other vehicles, or other roadway users such as bicyclists, motorcyclists, or pedestrians.
Uber and Lyft both offer third-party liability insurance policies of up to a million dollars, depending on when the crash occurred. If the crash occurred while the rideshare driver was using their vehicle for personal reasons, the rideshare driver’s personal auto liability policy is the likely source of compensation. However, if the driver had their rideshare app on and were waiting for a ride, there is a liability policy available with bodily injury coverage of $50,000 per person or $100,000 per accident, and property damage liability coverage of up to $25,000 per accident.
The million-dollar liability policy comes into play if the driver causes an accident while their app is on and they are en route to pick up passengers, or they have passengers in their car.
The negligence of other drivers can also lead to East Point accidents involving a rideshare vehicle, and those accidents can result in injuries to the rideshare driver and their passengers. If another driver was liable for the accident, their auto liability insurance policy is the likely source of compensation.
Other Potential Sources of Liability
Most rideshare accidents are the liability of either the rideshare driver or other drivers. However, in certain types of claims, another source of liability exists, such as the manufacturer of auto parts used on any vehicles involved in the accident that factored into the accident due to a malfunction; the government agency tasked with maintaining the roadway where the accident occurred; or even a business establishment that knowingly served alcohol to an underage driver or a visibly intoxicated customer who later caused a rideshare accident due to drunk driving.
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Evidence that Can Be Used in an East Point Rideshare Accident Claim
In order to have a successful outcome to the claim, an East Point rideshare accident lawyer must prove both liabilities, as well as impacts and expenses.
The type of evidence needed to prove liability can include items such as:
- Photographs of injuries, the accident scene, and damage to the vehicles involved.
- Information gathered from the police report or witness testimony.
- The driver information from the rideshare company.
Evidence of Expenses
Proving expenses includes providing documentation such as:
- Bills from hospitals, pharmacies, medical providers, rehabilitation centers, and other individuals or entities who provided medical care
- Documentation from the claimant’s employer regarding their income before the accident, the amount of time they missed from work while they were recovering from their injury
- Bills from the auto service shop for the repair of the claimant’s vehicle
Evidence of Impacts
Because the psychological impacts of an injury incurred in an East Point rideshare accident do not result in a bill for a product or service, and often aren’t visible, an attorney often relies on such evidence as the severity of the injury, the likelihood of permanent disabilities, and testimony from family, friends, or even the claimant’s employer.
Will the Claim Go to Court?
It is estimated that around 95 percent of personal injury claims in the U.S. are resolved by a negotiated settlement before trial. However, not even a highly experienced rideshare accident lawyer in East Point can predict which claims will settle and which will wind up in court. It is important for a rideshare claimant to have an attorney who is confident of their ability to help their client obtain compensation whether it occurs through a negotiated settlement or through a court award.
Georgia’s statute of limitations on personal injury claims — including rideshare claims — is generally two years from when the date of the accident occurred. Missing that statutory deadline will often result in the inability of the claimant to seek compensation for their injuries. If they are unable to use the court process to compel the insurance company to pay out on the claim, they likely will be unable to convince them to pay out through settlement either.
One of the services an attorney can provide to assist with an East Point rideshare accident claim is the management of that deadline, in order to preserve the claimant’s right to compensation.
Finding an East Point Rideshare Attorney to Help with Your Claim
Rideshare accidents are complex due to both the factors of the claim and the circumstances in which the rideshare company makes its third-party liability available for compensation. Let an experienced rideshare accident attorney in East Point take the mystery out of the process and provide you with the assistance you need. For your free case evaluation, contact us.