- Understanding Rideshare Liability: Who Is Responsible?
- 3. Negligence Is Key
- When can Pedestrians Sue Rideshare Drivers? Proving Negligence: How to Build a Strong Pedestrian Injury Case
- 1. Complex Insurance Structures
Can Pedestrians Sue Rideshare Drivers After Being Hit?
770GoodLaw | Georgia Personal Injury Law Firm | (770) 214-4309
Ridesharing services like Uber and Lyft have profoundly changed the way people travel, offering a level of convenience and affordability once unimaginable. Yet as more rideshare vehicles populate the streets, the number of pedestrian accidents involving these drivers has also increased—a troubling trend with serious consequences.
When a pedestrian is struck by a rideshare driver, the legal path forward can be complex. Can you sue the driver? What about the rideshare company? And what kind of compensation might you be entitled to receive?
At 770GoodLaw, we believe that injured pedestrians deserve clear answers and strong representation. Here’s what you need to know.
Understanding Rideshare Liability: Who Is Responsible?
Before examining pedestrian rights specifically, it’s crucial to understand how liability works when it comes to Uber and Lyft accidents.
1. Driver Status Matters
The driver’s status at the moment of the accident plays a central role:
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Driver Off-Duty: If the Uber or Lyft app is off, the driver’s personal auto insurance applies.
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Driver Logged In, No Passenger Yet: Uber and Lyft provide limited third-party liability coverage ($50,000 per person, $100,000 per accident).
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Driver Actively Transporting a Passenger: Full $1 million liability coverage applies.
Thus, whether the driver was actively working through the app can heavily influence your claim.
2. Rideshare Companies’ Employment Structure
Uber and Lyft typically classify drivers as independent contractors, not employees. This allows them to argue that they aren’t directly responsible for a driver’s actions. However, through their insurance policies, they still provide substantial coverage for accidents occurring during active rideshare work.
3. Negligence Is Key
Regardless of insurance layers, negligence must be proven. That could include:
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Distracted driving (texting, fiddling with the app)
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Speeding to complete more rides
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Running red lights
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Driving under the influence
In Georgia, as in most states, negligence is the legal foundation for holding a rideshare driver—or their insurer—liable.
Legal Options for Injured Pedestrians
If you are hit by an Uber or Lyft driver, you are not without recourse. You have several potential paths to pursue compensation:
1. Filing a Personal Injury Claim Against the Driver
Pedestrians have the right to sue the rideshare driver personally for negligence. A successful claim may cover:
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Medical expenses
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Future medical needs
Evidence of the driver’s fault—such as a police report, eyewitness testimony, or surveillance footage—is critical for these cases.
2. Filing a Claim Against Rideshare Insurance
If the driver was logged into the app, you may also access Uber’s or Lyft’s liability insurance:
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En route or carrying a passenger: Up to $1 million in liability coverage.
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Available but waiting for a ride: Limited third-party coverage.
It’s crucial to work with an attorney who understands the nuances of when and how to tap into these policies.
3. Identifying Third-Party Liability
Sometimes, more than one party may be liable for a pedestrian accident:
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Vehicle Manufacturers: Defective brakes, steering, or tires.
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Government Entities: Poorly maintained sidewalks, traffic signals, or crosswalks.
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Other Drivers: Another vehicle could have contributed to the accident.
When third parties are involved, compensation sources multiply—but so does the complexity of litigation.
When can Pedestrians Sue Rideshare Drivers? Proving Negligence: How to Build a Strong Pedestrian Injury Case
Winning a case against a rideshare driver or company depends on proving four critical elements:
1. Duty of Care
Drivers owe a duty to operate their vehicles safely, particularly toward vulnerable road users like pedestrians.
2. Breach of Duty
Evidence must show the driver breached that duty—through careless, reckless, or unlawful behavior.
3. Causation
You must directly link the driver’s breach of duty to your injuries.
4. Damages
You must demonstrate that you suffered actual damages—medical bills, lost income, pain, and more—as a result of the accident.
Gathering Evidence Is Vital
To establish these elements, early evidence gathering is crucial:
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Police reports documenting the accident scene
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Photographs of injuries, vehicle damage, and the surrounding environment
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Medical records showing the extent of your injuries
The sooner you consult an attorney, the better positioned you are to collect and preserve this evidence.
Why Hiring an Attorney Is Essential
Pursuing compensation after being hit by a rideshare driver involves unique legal challenges:
1. Complex Insurance Structures
Navigating between personal auto insurance, rideshare company insurance, and possibly third-party insurance requires expertise.
2. Aggressive Defense Tactics
Insurance companies and rideshare corporations are motivated to minimize payouts. They may argue that:
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You were partially at fault.
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Your injuries aren’t serious.
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Their policy does not apply.
An experienced personal injury attorney will know how to counter these tactics.
3. Maximizing Your Compensation
Beyond immediate medical costs, you may be entitled to:
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Future medical expenses
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Reduced earning capacity
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Loss of enjoyment of life
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Emotional trauma compensation
Only a seasoned lawyer can properly value your case to pursue full damages.
What to Do Immediately After a Rideshare-Pedestrian Accident
If you’re ever struck by an Uber or Lyft driver, taking the right steps immediately can safeguard your health—and your legal case:
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Seek Immediate Medical Attention
Some injuries are invisible at first, especially brain injuries and internal trauma. -
Call Law Enforcement
File an official report—even if you feel okay. -
Gather Evidence
Photograph the scene, gather witness contacts, and record any driver information. -
Report the Accident to Uber or Lyft
You can report incidents through their respective apps. Keep a record of all communications. -
Consult a Personal Injury Attorney Quickly
Delay benefits insurers, not victims. Protect yourself early.
Conclusion
When a pedestrian is hit by a rideshare driver, the road to recovery—physically, emotionally, and financially—can be long and complicated. The good news is that injured pedestrians have strong rights under Georgia law, and multiple avenues for seeking compensation.
If you or someone you know has been injured by an Uber or Lyft driver, don’t navigate this challenging process alone.
Call 770GoodLaw at (770) 214-4309 today for a free, no-obligation consultation. We are committed to fighting for the justice and compensation you deserve.
Accident?
Our team of experienced car accident professionals is ready to help you assess your case and fight for the compensation you deserve. Don’t let the negligence of others dictate your future–let us be your advocate in this challenging time. Contact us today at 770Goodlaw.
