Hit by a Rideshare Driver While Walking or Biking in Georgia?
Accidents involving rideshare drivers, such as those working for Uber or Lyft, can be complex and overwhelming, especially if you were walking or biking at the time of the incident. If you were hit by a rideshare driver while walking or riding a bicycle, Georgia’s personal injury laws allow you to pursue compensation. Provided the driver’s negligence caused the accident, you may sue either the driver directly or — under certain circumstances — seek coverage from the rideshare company’s commercial insurance. At The Jewkes Firm, we help rideshare victims navigate the legal landscape and secure the compensation they deserve.
Understanding Rideshare Insurance Coverage
One of the unique aspects of rideshare accidents is the insurance coverage involved. Rideshare companies typically provide liability insurance for their drivers, but the coverage depends on the driver’s status at the time of the accident:
- Driver Offline. If the driver is not logged into the rideshare app, their personal auto insurance is primary. In Georgia, the minimum required coverage is $25k per person / $50k per accident bodily injury and $25k property.
- Driver Online, No Passenger. If the driver is logged in and waiting for a ride request, Uber/Lyft provides limited coverage — typically $50k per person / $100k per accident bodily injury, $25k property damage.
- Driver with Passenger. If the driver is en route to pickup or carrying a passenger, the company’s full commercial liability policy ($1M per accident) applies, plus UM/UIM coverage and sometimes collision/comprehensive for the driver.
Understanding which insurance policy applies to your case is crucial for determining how to proceed with your claim.
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Georgia Negligence and Comparative Fault Rules
Georgia uses a negligence-based system (O.C.G.A. § 51‑1‑2), which holds at‑fault parties liable for damages. If the rideshare driver was negligent (e.g. distracted, speeding, failing to yield), you have the legal right to recover damages.
Georgia also applies modified comparative negligence (O.C.G.A. § 51‑12‑33). You can still recover damages if you’re less than 50% at fault. However, your award is reduced proportionately. If found 50% or more at fault, you may not recover damages.
Statute of Limitations — The Importance of Acting Quickly
You generally have two years from the date of the accident to file a personal injury suit in Georgia (O.C.G.A. § 9‑3‑33). If a wrongful death occurs, the same two‑year deadline applies from the date of death.
Acting promptly is vital to preserve your rights, gather evidence, and ensure all deadlines are met.
Potential Compensation for Your Injuries
Injured in an accident involving a rideshare driver? You may recover various forms of compensation including:
- Medical expenses (hospital, surgery, rehab, therapy)
- Lost wages and diminished earning capacity
- Pain and suffering, mental anguish, loss of enjoyment of life
- Permanent impairments, scarring, or disability
- Wrongful death damages, where applicable
Rideshare pedestrian settlements in Georgia often range from $250,000 to $750,000, depending on injury severity and liability complexity.
Sample Case Scenarios
Scenario A
You’re biking when a rideshare driver who was on the clock blows a stop sign and hits you—you likely access Uber’s $1M liability policy.
Scenario B
You were walking when a driver logged in but awaiting dispatch (waiting period) strikes you—you’ll rely on limited $50k/$100k coverage and possibly the driver’s personal policy.
Scenario C
A driver off‑duty hits you—you pursue the driver’s personal insurer only.
The compensation available varies widely depending on medical costs, ongoing care, lost income, and your percentage of fault.
Steps to Take After an Rideshare Accident
If you are hit by a rideshare driver while walking or biking, follow these steps to ensure your safety and protect your legal rights:
- Call 911 to report the crash and get medical help—even if you plan to decline transport.
- Get medical attention immediately; early records link your injuries to the crash.
- Document the scene—photos of injuries, vehicle, road, and intersections.
- Gather info—driver details, insurance, witness contacts.
- Report the crash to Uber/Lyft through their app or website.
- Don’t give recorded statements to insurance adjusters—politely refer them to your attorney.
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Consult with a Personal Injury Attorney
Navigating rideshare accident claims can be challenging. Consulting with an experienced rideshare accident attorney, like those at The Jewkes Firm, can help you understand your rights and options. We can assist you in gathering evidence, negotiating with insurance companies, and pursuing compensation for your injuries.
An experienced personal injury attorney can:
- Investigate the driver’s app status (whether they were en route or waiting)
- Determine the correct insurer(s) to file claim
- Collect and preserve crucial evidence (like app logs, video, witnesses)
- Calculate all current and future losses accurately
- Negotiate aggressively and fight insurer denials or lowball offers
- Take your case to court if necessary to secure full compensation
Being hit by a rideshare driver while walking or biking can be a traumatic experience, but you don’t have to navigate the aftermath alone. If you’ve been injured while walking or biking after being hit by a rideshare driver in Georgia, The Jewkes Firm can help you preserve your rights and pursue maximum compensation.
Reach out today at (770) 771-5130 for a free consultation—you pay nothing unless we win your case.
Frequently Asked Questions
Can I sue a rideshare driver if they hit me while I was walking or biking in Georgia?
Yes, you can file a personal injury claim against the driver and potentially access Uber or Lyft’s commercial insurance depending on whether the driver was “on the clock.”
What if I was partially at fault (e.g. jaywalking)?
You can still recover as long as your fault is under 50%—your total damages is reduced accordingly.
What insurance applies if an Uber or Lyft hits me?
If the driver was actively on a ride or en route to a pickup, Uber or Lyft’s $1M commercial liability policy likely applies. If they were off-duty, their personal insurance applies.
What compensation can I recover?
You may recover medical bills, lost wages, pain and suffering, and more — depending on the severity of your injuries and the circumstances of the crash.
Do I need a lawyer to handle a rideshare accident case?
Yes. Rideshare claims are complex due to app data, layered insurance, and liability disputes. An experienced attorney like Jordan Jewkes can ensure you recover the compensation you deserve.
What should I do immediately after being hit by a rideshare driver?
First, seek medical attention for any injuries. Then, document the scene, exchange information with the driver, and report the accident to local law enforcement.
