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Who’s Liable When A Pedestrian Is Hit? How Georgia Law Handles Fault And Protection

While most people think of car crashes as two vehicles colliding, pedestrians are increasingly the victims of rideshare-related accidents—and the legal aftermath can be complex. If you’ve been hit by a rideshare driver while walking, jogging, or crossing the street, you’re likely dealing with serious injuries and plenty of questions. A car accident lawyer in Atlanta breaks down how rideshare insurance works in Georgia and what pedestrians need to know to protect their rights.

Rideshare Drivers And Tiered Insurance Coverage

Uber and Lyft use a tiered insurance model that varies depending on the driver’s actions at the time of the crash. For pedestrians, understanding these tiers is crucial in determining the compensation that may be available to them.

1. App Off–Driver Is Off-Duty

If the rideshare driver were not logged into the Uber or Lyft app at the time of the crash, their personal auto insurance would apply. From a legal standpoint, the driver is treated like any other motorist on the road.

Why it matters:

Many personal insurance policies exclude coverage if the car was being used for commercial purposes—even if the app was off just moments before. This can create coverage gaps, making it harder for injured pedestrians to recover compensation. You may need to file a claim directly against the driver or pursue legal action.

2. App On, No Ride Accepted – Waiting For A Fare

If the driver is logged in but hasn’t accepted a ride yet, Uber and Lyft provide limited liability coverage:

  • Up to $50,000 for bodily injury per person
  • Up to $100,000 per accident
  • $25,000 for property damage

Why it matters:

This limited coverage may not be enough to compensate you, especially if you suffer serious injuries fully. It’s essential to document the severity of your injuries and explore additional legal options, especially if the driver’s personal insurance refuses to pay.

3. Ride In Progress Or Accepted

Once a ride has been accepted or a passenger is in the vehicle, Uber and Lyft offer up to $1 million in liability coverage. This includes:

Why it matters:

This is the most favorable situation for an injured pedestrian. The rideshare company’s high-limit policy can cover extensive medical bills, lost wages, long-term care, and pain and suffering. However, obtaining compensation is not always straightforward—rideshare insurers often fight hard to minimize payouts.

How Georgia Law Applies To Rideshare Crashes

Georgia requires rideshare companies to carry specific insurance policies depending on the driver’s activity. These laws help clarify who’s responsible, but insurance companies may still attempt to dispute claims based on technicalities, such as app status, driver logs, or the timing of the ride.

Additionally, Georgia is a fault-based state, meaning the at-fault party (or their insurer) is responsible for damages. For pedestrians, this means you must show that the rideshare driver acted negligently—by speeding, failing to yield, or being distracted, for example.

Challenges Pedestrians Often Face

Pedestrians hit by rideshare drivers frequently run into several issues:

  • Insurance delays or denials due to app status
  • Difficulty accessing rideshare insurance information
  • Low policy limits if the driver wasn’t on an active trip
  • Disputes over fault between the rideshare company and the drives

These challenges can delay medical care, disrupt your recovery, and create financial strain. That’s why speaking with a qualified attorney early on is often the best step you can take.

Why You Need A Lawyer After A Rideshare-Pedestrian Crash

Unlike regular car accidents, rideshare cases involve multiple layers of insurance, app data, and company policies. An experienced car accident lawyer in Atlanta can help:

  • Prove the driver’s fault and app status
  • Request ride logs and insurance documents
  • Negotiate with Uber or Lyft’s insurance teams
  • Pursue full compensation for your medical bills, pain, and lost income

Rideshare companies have teams of lawyers and adjusters working to protect their bottom line. You deserve someone to protect yours.

Final Thoughts

Being hit by a car is traumatic enough—being hit by a rideshare driver adds layers of legal complexity. Fortunately, Georgia law protects injured pedestrians; however, navigating the system can be challenging without the assistance of a professional. If an Uber or Lyft driver has injured you or a loved one, don’t delay. Talk to a car accident lawyer who understands rideshare laws and can help you hold the right parties accountable.

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