Ride Share Accidents
Handheld conveniences have transformed the local transportation arena with the growing popularity of ride share services. With just a few clicks people in need of a ride can hail a driver through the companies’ smartphone applications.
Having hit the market about 10 years ago, ride share companies continue to expand their reach, making it no surprise that accidents and injuries involving their drivers are on the rise as well. The quick-response nature of ride share services encourages drivers to check pinging notifications of new ride requests, distracting them from the road and/or causing them to speed or drive erratically to maximize revenue with more fares.
For-Hire Transportation
Ride sharing companies are categorized as “Ride Share Network Services” under Georgia’s statutory code. Taxi and limousine companies are categorized as “Transportation Referral Services” or “Transportation Referral Service Providers.”
As far as passengers are concerned, they are paying to be driven by someone from one place to another, whether they use a taxi, limo or ride share company; but ride share companies say that’s where the similarities end.
What’s the Difference?
Transportation Referral companies book rides, refer clients to transportation services, and collect money for these services, while ride share companies say they are technology companies who only offer an app that connects passengers with drivers.
Laws were set in stone long ago to govern taxi and limousine companies; but laws to govern ride share companies are as new as the services they fulfill, and they have undergone some changes to address issues that have arisen and protect the passengers they carry.
Ride share companies contend that they are not accountable for accidents caused by their drivers because they are independent contractors, not employees, who use their personal vehicles to perform their duties. However, they are required to carry liability insurance to cover these vehicles – up to $1 million depending on the whether the driver was carrying a passenger secured through the app as codified in Georgia statute O.C.G.A. §33-1-24. These companies are also required to comply with state and federal regulations; so in some injury circumstances, there may be compelling liability arguments when the companies are not in compliance.
Compliance
According to Georgia statute O.C.G.A. §40-1-193, each Ride Share Network Service doing business in Georgia must be registered with and licensed by the Department of Public Safety, and maintain a current list of their drivers to be available for inspection upon request by proper authorities.
Ride share companies also must ensure each driver has up-to-date licenses and/or permits; has liability insurance coverage as required by law; and has a current for-hire license endorsement or private background check as outlined in Georgia statute O.C.G.A. §40-5-39. Background certification should not be granted if the background check discloses:
- the driver is not at least 18 years old;
- the driver does not have a valid driver’s license;
- the driver does not have proof of liability coverage, or has insufficient coverage;
- the driver does not possess proof of registration for the vehicle in operation;
- the driver has had more than three moving violations within the prior 3-year period;
- the driver has had any major traffic violations in the prior 3-year period (such as a DUI or leaving the scene of an accident);
- the driver has been convicted of DUI within the past seven years;
- the driver has ever been convicted of fraud;
- the driver has ever been convicted of a sexual offense, or has a match on the national sex offender registry database;
- the driver has ever been convicted of using a motor vehicle to commit fraud or a crime involving property damage, theft, an act of violence, or an act of terror.
Attorney Ron Smith Can Help
At C. Ron Smith Attorney at Law, we know just how important it is to understand the complexities of claims when someone is injured in an accident involving a ride share company. Like all other businesses, they want to protect profits. These are large companies who have attorneys on staff to fight liability claims, and use the gray areas in assigning liability to their advantage.
This is when you need an experienced attorney on your side. We know how to navigate through these muddy waters, and stay up-to-date on new regulations or changing laws in this arena. We believe ride sharing passengers in an accident deserve to be compensated, no matter which insurance policy or policies apply.
If you’ve been injured in an accident as a ride share passenger of Uber or Lyft, for example, call our office today at (770) 731-1447 for a free consultation.
Ride Share Passenger Injuries
Handheld conveniences have transformed the local transportation arena with the growing popularity of ride share services. With just a few clicks people in need of a ride can hail a driver through the companies’ smartphone applications.
Having hit the market about 10 years ago, ride share companies continue to expand their reach, making it no surprise that accidents and injuries involving their drivers are on the rise as well. The quick-response nature of ride share services encourages drivers to check pinging notifications of new ride requests, distracting them from the road and/or causing them to speed or drive erratically to maximize revenue with more fares.
For-Hire Transportation
Ride sharing companies are categorized as “Ride Share Network Services” under Georgia’s statutory code. Taxi and limousine companies are categorized as “Transportation Referral Services” or “Transportation Referral Service Providers.”
As far as passengers are concerned, they are paying to be driven by someone from one place to another, whether they use a taxi, limo or ride share company; but ride share companies say that’s where the similarities end.
What’s the Difference?
Transportation Referral companies book rides, refer clients to transportation services, and collect money for these services, while ride share companies say they are technology companies who only offer an app that connects passengers with drivers.
Laws were set in stone long ago to govern taxi and limousine companies; but laws to govern ride share companies are as new as the services they fulfill, and they have undergone some changes to address issues that have arisen and protect the passengers they carry.
Ride share companies contend that they are not accountable for accidents caused by their drivers because they are independent contractors, not employees, who use their personal vehicles to perform their duties. However, they are required to carry liability insurance to cover these vehicles – up to $1 million depending on the whether the driver was carrying a passenger secured through the app as codified in Georgia statute O.C.G.A. §33-1-24. These companies are also required to comply with state and federal regulations; so in some injury circumstances, there may be compelling liability arguments when the companies are not in compliance.
Compliance
According to Georgia statute O.C.G.A. §40-1-193, each Ride Share Network Service doing business in Georgia must be registered with and licensed by the Department of Public Safety, and maintain a current list of their drivers to be available for inspection upon request by proper authorities.
Ride share companies also must ensure each driver has up-to-date licenses and/or permits; has liability insurance coverage as required by law; and has a current for-hire license endorsement or private background check as outlined in Georgia statute O.C.G.A. §40-5-39. Background certification should not be granted if the background check discloses:
- the driver is not at least 18 years old;
- the driver does not have a valid driver’s license;
- the driver does not have proof of liability coverage, or has insufficient coverage;
- the driver does not possess proof of registration for the vehicle in operation;
- the driver has had more than three moving violations within the prior 3-year period;
- the driver has had any major traffic violations in the prior 3-year period (such as a DUI or leaving the scene of an accident);
- the driver has been convicted of DUI within the past seven years;
- the driver has ever been convicted of fraud;
- the driver has ever been convicted of a sexual offense, or has a match on the national sex offender registry database;
- the driver has ever been convicted of using a motor vehicle to commit fraud or a crime involving property damage, theft, an act of violence, or an act of terror.
Attorney Ron Smith Can Help
At C. Ron Smith Attorney at Law, we know just how important it is to understand the complexities of claims when someone is injured in an accident involving a ride share company. Like all other businesses, they want to protect profits. These are large companies who have attorneys on staff to fight liability claims, and use the gray areas in assigning liability to their advantage.
This is when you need an experienced attorney on your side. We know how to navigate through these muddy waters, and stay up-to-date on new regulations or changing laws in this arena. We believe ride sharing passengers in an accident deserve to be compensated, no matter which insurance policy or policies apply.
If you’ve been injured in an accident as a ride share passenger, call our office today at (770) 731-1447 for a free consultation.