The Complications of an Atlanta Lyft Accident
A typically Atlanta car accident is complicated enough. For instance, the wrongful party may deny responsibility to avoiding paying. This may cause an injured victim to seek the help of an Atlanta car accident lawyer to prove negligence.
Negligence, or fault, is the failure of a driver to act in the same way another driver would in similar circumstances. Georgia law does not make every driver take a survey to determine if he or she would do the same thing in similar driving circumstances. Instead, Georgia law compares a wrongful party’s driving behavior to an imaginary reasonable person.
For example, a reasonable person, or driver in this instance, would see a stop sign while driving, and stop. A driver who could be sued for a car accident would not have stopped at the stop sign and caused the accident. That driver did not act as a reasonable person would have, and as such, can be held liable. An Atlanta car accident lawyer can hire an expert to prove the reasonable person standard.
In a Lyft accident, proving negligence can be a little more complicated. Lyft is the second largest ridesharing company in the U.S. Ridesharing is not like taking a taxi. That is why being involved in a Lyft accident can present many challenging legal issues.A Lyft Accident Requires More Detailed Investigation to Determine Fault
Taxi drivers work for the taxi business. This makes the taxi company vicariously liable for an accident involving a taxi driver. Vicarious liability allows a company to be sued even if it had nothing to do with the accident because it assumes legal responsibility for its employees.
Lyft drivers are independent contractors. The Lyft company is absolved of liability in the event of accident because their drivers do not officially work for them. This means the company can not be sued for a car accident. It does not mean, however, that Lyft will not pay in an accident claim. The company does carry a million dollar accident coverage insurance policy. However, that policy payout is only available when a Lyft driver is officially on duty.
If the Lyft driver causes an accident without passengers in his or her car, Lyft will most likely fight liability in an accident. This means that a car accident attorney serving Atlanta would have to determine if the accident was the responsibility of the driver, Lyft, the vehicle’s maker or another driver.Proving Fault in an Atlanta Lyft Accident
Regardless of who is negligent in a Lyft accident, cases that are not settled will go to trial. At trial, it is the responsibility of the plaintiff to prove negligence. Proving negligence involves:
- Showing the defendant owed the plaintiff a legal duty to protect from an injury
- The defendant breached legal duty to protect from harm
- The defendant’s negligence led to the plaintiff’s injury
- The plaintiff is owed damages to such as medical bills and pain and suffering
When you need a car accident attorney serving Atlanta, you need The Angell Law Firm. We are dedicated to getting you the money needed from your Lyft accident. Contact us.