Many Uber and Lyft injuries happen at the curb, when a passenger gets in or out, or when a car door opens into a cyclist or passing vehicle. Georgia law, O.C.G.A. § 40-6-243, prohibits anyone from opening a vehicle door into moving traffic unless it is reasonably safe to do so. Depending on the facts, the rideshare driver, passenger, another driver, or an applicable insurance policy may be involved. The general deadline for filing a personal injury lawsuit in Georgia is two years.
Most people think of rideshare crashes as two cars hitting each other on the road. But many injuries happen before the trip starts or after it ends. A passenger steps out into a bike lane. A car door swings open into traffic. A driver pulls away while someone is still getting out of the vehicle.
These curbside crashes can be more serious than they first appear. Falls, broken bones, and collisions with passing vehicles can cause significant injuries. Determining who is responsible can also be complicated because several people may be involved in the same incident.
This guide explains how these accidents happen in Atlanta, how Georgia law treats them, and what insurance coverage may be available. If you need broader information about your legal options, visit our Atlanta rideshare accident practice area page.
Common Pickup and Drop-Off Accidents in Atlanta
Busy areas make these crashes more likely. Think of Midtown, Buckhead, Downtown, Little Five Points, the airport curb, and the streets around Mercedes-Benz Stadium on event days. Drivers may stop wherever they can to pick up or drop off riders. That can mean stopping in a travel lane, a bike lane, or a no-stopping zone.
Typical situations include:
- A passenger opens a door and a passing car clips the door or strikes the passenger.
- A passenger steps out into the street and is hit by a moving vehicle.
- A cyclist or scooter rider strikes an opened vehicle door, an incident often called “dooring.”
- A driver pulls away before a passenger is fully out of the vehicle.
- A passenger trips or falls because the driver stopped in an unsafe location.
- Another vehicle hits a stopped rideshare car while passengers are getting in or out.
Holiday nights and major events can increase these risks. More riders, heavier crowds, late-night activity, and reduced daylight after the clocks change can all put additional pressure on drivers and passengers.
What Georgia Law Says About Opening Car Doors
Georgia has a specific law addressing vehicle doors. Under O.C.G.A. § 40-6-243, a person may not open a vehicle door on the side facing moving traffic unless it is reasonably safe to do so and opening the door will not interfere with other traffic. The law also prohibits leaving a door open longer than necessary to load or unload passengers.
The rule applies to any person, including both drivers and passengers. Therefore, when a vehicle door opens into a cyclist or passing car, the person who opened the door may be responsible. Other parties may also share fault depending on the circumstances.
Who May Be Responsible?
The Rideshare Driver
A rideshare driver may be at fault if they:
- Stop in a travel lane or bike lane when a safer location is available.
- Drop off a passenger on the traffic side without taking reasonable safety precautions.
- Pull away before a passenger has safely exited.
- Fail to check mirrors or surrounding traffic before a passenger gets out.
- Become distracted by the rideshare app or phone.
Drivers may feel pressure to move quickly and accept the next ride. That does not excuse an unsafe stop or failure to take reasonable precautions when passengers are getting in or out.
The Passenger
Passengers also have a responsibility to check for approaching traffic before opening a vehicle door. If a passenger swings a door open without checking, they may share responsibility for a resulting collision.
This can matter when the injured person is a cyclist, scooter rider, pedestrian, or another driver. It may also affect a passenger’s own claim if their actions contributed to the accident.
Another Driver, Cyclist, or Pedestrian
A passing driver may be responsible if they were speeding, distracted, or otherwise driving carelessly when they struck a person or an open vehicle door. The circumstances may also support a claim when a pedestrian is struck by a rideshare vehicle.
For more information about rideshare-related injuries, visit our Atlanta rideshare accident practice area page.
The Rideshare Company and Its Insurance
In some cases, insurance coverage connected to Uber or Lyft may apply. The driver’s status in the app at the time of the accident is an important factor. The applicable coverage can depend on whether the driver was waiting for a request, had accepted a ride, or was completing a trip.
How Fault Is Shared Under Georgia Law
Georgia follows a modified comparative negligence rule under O.C.G.A. § 51-12-33. If an injured person shares responsibility for an accident, their compensation may be reduced by their percentage of fault. However, a person who is 50 percent or more responsible generally cannot recover damages.
In a curbside accident, an insurance company may argue that the injured person should have looked before stepping out or opening a door. A claim may need to examine whether the driver chose an unsafe stopping location, how much time the passenger had to react, and what the passing driver was doing.
Fault depends on the available evidence and the specific circumstances. It should not be determined solely by an insurance company’s initial assessment.
Does Uber or Lyft Insurance Cover a Curbside Accident?
The driver’s app status is an important part of determining which insurance coverage may apply. Georgia law generally divides rideshare driving into different periods:
- App off: The driver is not providing rideshare services. The driver’s personal auto insurance may apply, subject to the policy’s terms.
- App on and waiting for a ride request: The driver is logged in and available but has not accepted a ride. Georgia law requires a lower level of rideshare liability coverage during this period.
- Ride accepted: Once the driver accepts a ride request, Georgia law requires at least $1 million in liability coverage per occurrence for death, personal injury, and property damage during the applicable service period.
Under O.C.G.A. § 33-1-24, the accepted-ride period continues until the driver completes the transaction or the ride is complete, whichever is later. This can be important when an accident happens during pickup or drop-off. However, the exact app status, timing, policy terms, and circumstances of the incident must be reviewed before determining which coverage applies.
Getting in or out of a rideshare vehicle can raise questions about whether the trip was still active. If the driver had accepted the ride and was picking up or dropping off the passenger, the accepted-ride coverage period may be relevant. The exact timing can still be disputed.
That is why preserving app data is important. Screenshots of the trip, the pickup request, and the receipt can help establish the driver’s status. Learn more in our guides to Uber and Lyft accident evidence in Atlanta and the rideshare insurance gap.
If You Were Riding a Bike or Scooter
Cyclists and scooter riders face particular risks from vehicle doors opening suddenly into their path. A rider may have little time to react and can be thrown into another lane of traffic.
If this happened to you in Atlanta, the person who opened the door may be responsible under Georgia law. The rideshare driver or an applicable insurance policy may also be relevant, depending on the facts.
Learn more about your options in our guide to e-scooter and bicycle accidents in Atlanta.
What To Do Right After the Accident
If you are involved in a rideshare pickup or drop-off accident, take these steps when it is safe to do so:
- Get medical care. Call 911 if you are injured or need emergency assistance. Some injuries may not become apparent until hours later.
- Contact the police and ask for an accident report. Keep the report number for your records.
- Take screenshots of your Uber or Lyft app. Capture the trip status, driver information, license plate, and relevant timestamps.
- Photograph the scene, including the curb, traffic signs, lane markings, vehicle door, vehicle damage, and surrounding area.
- Collect contact information from the rideshare driver, any other drivers involved, and witnesses.
- Report the incident through the rideshare app if possible. Keep your description factual and save any confirmation or case number.
- Do not accept a quick settlement or provide a recorded statement to an insurance company before understanding your rights. Consider speaking with an attorney first.
For additional guidance about passenger injuries and the steps to take after a rideshare accident, read our article on your rights when injured as an Uber or Lyft passenger in Georgia.
Compensation You May Be Able to Recover
Depending on the circumstances and the evidence, an injured person may be able to seek compensation for:
- Medical bills and future medical care.
- Lost wages and reduced earning capacity.
- Pain and suffering.
- Physical therapy and rehabilitation expenses.
- Property damage, such as a damaged phone, bicycle, or scooter.
Insurance companies may argue that curbside injuries are minor or unrelated to the accident. Medical records, photographs, witness accounts, and other evidence can help document the injuries and explain how the incident happened.
The Deadline to File in Georgia
The general deadline for filing a personal injury lawsuit in Georgia is two years from the date the right of action accrues under O.C.G.A. § 9-3-33. However, exceptions may apply depending on the circumstances of the case.
Important evidence, including rideshare app data and nearby surveillance footage, may become unavailable well before that deadline. Taking action early can help preserve information that may be important to your claim.
When to Call an Atlanta Rideshare Accident Lawyer
Curbside rideshare accidents can involve several parties: the driver, passenger, another motorist, cyclist, or pedestrian, as well as one or more insurance companies. Determining responsibility and identifying the applicable insurance coverage may require a careful review of the evidence.
An attorney can help gather app records, identify nearby video footage, investigate the circumstances of the stop or drop-off, determine which insurance policies may apply, and respond to arguments about shared fault.
KP Law Group helps rideshare accident victims across Atlanta, Fulton County, DeKalb County, and Cobb County. If you were injured while getting into or out of an Uber or Lyft, our team can review your legal options during a free consultation.
FAQ
1. Who is at fault if I am hit while getting out of an Uber in Atlanta?
It depends on the circumstances. The rideshare driver, a passing driver, the passenger, or more than one person may share responsibility. Georgia law, O.C.G.A. § 40-6-243, prohibits opening a vehicle door into moving traffic unless it is reasonably safe to do so. The rule applies to drivers and passengers.
2. Does Uber or Lyft insurance cover me when I am getting in or out of the car?
It may. Georgia generally requires at least $1 million in liability coverage during the period after a driver accepts a ride request and until the transaction or ride is complete, whichever is later. The driver’s app status and the circumstances of the accident matter, so save screenshots and trip records.
3. What if a rideshare passenger opens a door into my bike?
The passenger who opened the door may be responsible under O.C.G.A. § 40-6-243. The rideshare driver or an applicable insurance policy may also be involved, depending on the facts. Get medical care, document the scene, and preserve any available evidence.
4. Can I still recover compensation if I was partly at fault?
Possibly. Under Georgia’s comparative negligence law, O.C.G.A. § 51-12-33, compensation may be reduced by your percentage of fault. However, if you are found to be 50 percent or more responsible, you generally cannot recover damages.
5. How long do I have to file a rideshare accident lawsuit in Georgia?
The general deadline for a personal injury lawsuit is two years from the date the right of action accrues under O.C.G.A. § 9-3-33. Exceptions may apply, and important evidence such as app data or video footage may disappear much sooner. It is best to seek legal guidance early.
Hurt Getting In or Out of an Uber or Lyft in Atlanta?
Do not let anyone dismiss your injuries as just a curbside bump. If you were hurt while getting into or out of an Uber or Lyft, KP Law Group can review what happened, explain your options, and help you understand which parties or insurance policies may be responsible.
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