GA Gig Law: O.C.G.A. § 34-7-23 Reshapes 2026 Liability

The surge in gig economy services has brought convenience, but it’s also created a murky legal environment, especially concerning liability after a motorcycle accident involving food-delivery scooters in Savannah. Who truly bears responsibility when a delivery driver, rushing to meet a deadline on Broughton Street, causes a collision?

Georgia’s Groundbreaking “Gig Worker Safety and Responsibility Act” (O.C.G.A. § 34-7-23)

Effective January 1, 2026, Georgia has enacted the Gig Worker Safety and Responsibility Act, codified as O.C.G.A. § 34-7-23. This landmark legislation fundamentally reshapes liability for accidents involving independent contractors in the gig economy, particularly those operating food-delivery scooters. Before this act, injured parties often faced an uphill battle, attempting to hold individual drivers – who frequently carried minimal personal insurance – responsible. The new law, however, places a significant portion of the financial burden squarely on the shoulders of the larger delivery platforms.

This change is a direct response to the increasing number of incidents, including those in high-traffic areas like downtown Savannah near Ellis Square, where food-delivery scooters contribute to the urban transport mix. My firm has seen firsthand the devastating consequences of these accidents, from severe head trauma to debilitating spinal cord injuries. Previously, victims struggled to recover adequate compensation, often finding themselves in a legal quagmire trying to determine if the driver was “on the clock” or if their personal auto policy would even cover a commercial delivery.

What Changed: Expanded Liability for Delivery Platforms

The core of O.C.G.A. § 34-7-23 mandates that any “Transportation Network Company” (TNC) or “Delivery Network Company” (DNC) operating in Georgia must maintain a commercial liability insurance policy with limits of at least $1,000,000 per incident for any accident involving a driver actively engaged in a delivery or ride-share service. This is a massive leap from previous requirements. Crucially, the law defines “actively engaged” broadly, encompassing the entire period from when a driver accepts an order until the delivery is completed or the passenger is dropped off.

This means that if a driver for, say, a major food delivery app, is involved in a collision while delivering an order to a customer in the Victorian District, the delivery platform’s insurance is now the primary source of compensation. This provision finally addresses the “coverage gap” that left many victims uncompensated when a driver’s personal policy denied a claim due to commercial use. It also explicitly states that the TNC/DNC’s policy is primary, meaning it must pay out before the driver’s personal insurance, if any, is tapped. This is a huge win for accident victims.

Who is Affected: Drivers, Victims, and Delivery Companies

The new law impacts several key groups:

• Accident Victims: If you are injured by a food-delivery scooter driver operating for a DNC, your path to compensation is now clearer and potentially much more robust. No longer will you have to chase down an individual driver with limited assets. You can now pursue a claim directly against the deep pockets of the delivery platform’s insurer.
• Food-Delivery Scooter Drivers: While seemingly beneficial for victims, drivers also gain a layer of protection. They are less likely to face personal lawsuits for damages exceeding their personal insurance limits, as the platform’s policy steps in first. However, drivers must ensure their DNC is compliant with the new law. Operating for a non-compliant company could still expose them to significant personal liability. I always advise drivers to get a copy of their platform’s certificate of insurance. If they can’t provide it, that’s a huge red flag.
• Delivery Network Companies (DNCs): Companies like DoorDash, Uber Eats, and Grubhub now bear significantly increased financial risk. They must invest in substantial commercial insurance policies and potentially face more lawsuits directly. This might lead to increased driver vetting, better training, and improved safety protocols – a positive side effect, if you ask me.

I had a client last year, a pedestrian hit by an e-scooter delivering food near Forsyth Park. The driver claimed he wasn’t “on the clock” yet, despite having an active order. His personal insurance denied the claim, and the delivery company initially washed their hands of it, citing independent contractor status. Under the old law, that case was a nightmare. Under O.C.G.A. § 34-7-23, the outcome would be fundamentally different, with the delivery platform’s $1,000,000 policy as the primary target.

Concrete Steps for Accident Victims

If you or a loved one are involved in an accident with a food-delivery scooter in Savannah after January 1, 2026, here are the immediate steps you should take:

1. Seek Medical Attention Immediately: Your health is paramount. Even if you feel fine, get checked out at Memorial Health University Medical Center or a local urgent care. Some injuries, especially concussions, don’t manifest until hours or days later.
2. Report the Accident to Law Enforcement: Call 911. A police report from the Savannah Police Department is crucial for documenting the incident, identifying the parties involved, and often noting contributing factors.
3. Gather Evidence at the Scene:

• Take photos and videos of the accident scene, including vehicle damage, scooter damage, road conditions, traffic signals, and any visible injuries.
• Get the contact information and insurance details of the food-delivery driver.
• Note the name of the delivery service the driver was working for (e.g., DoorDash, Uber Eats, Grubhub). Look for logos on the scooter or delivery bag.
• Obtain contact information for any witnesses.

1. Do NOT Discuss Fault or Sign Anything: Never admit fault or sign any documents presented by the driver or their employer without first consulting an attorney.
2. Contact an Experienced Personal Injury Attorney: This is perhaps the most critical step. Navigating the complexities of O.C.G.A. § 34-7-23 and dealing with large insurance companies requires specialized legal knowledge. We can help you understand your rights, gather necessary evidence, and file a claim against the appropriate parties, ensuring you receive the full compensation you deserve. We know the local courts, from the Chatham County State Court to the Superior Court, and we’re prepared to fight for you.

Concrete Steps for Food-Delivery Scooter Drivers

For those working in the rideshare and food-delivery space, this new law also demands proactive measures:

1. Verify Your Platform’s Insurance Coverage: Request documentation from your DNC proving they maintain the mandated $1,000,000 commercial liability policy as required by O.C.G.A. § 34-7-23. If they cannot provide it, consider working for a different platform.
2. Understand Your “Active” Status: Be clear on when your platform considers you “actively engaged.” This period is critical for determining when their commercial policy covers you.
3. Maintain Personal Insurance (Recommended): While the DNC’s policy is primary, having your own comprehensive personal motorcycle insurance policy is still a wise decision. It can cover gaps or situations where the DNC might dispute your “active” status.
4. Drive Safely and Responsibly: The law provides financial protection, but preventing accidents is always the best course of action. Adhere to all traffic laws, especially around busy intersections like Bay Street and East Broad Street, and avoid distractions.

This new legislation is a long-overdue rectification of a glaring oversight in our legal framework concerning the gig economy. It provides a much-needed layer of accountability for the companies profiting from these services. While some might argue it could increase operational costs for delivery platforms, I believe the enhanced safety and fairer compensation for victims far outweigh any perceived downsides. The era of delivery companies sidestepping responsibility for their drivers’ actions is over in Georgia.

The passage of O.C.G.A. § 34-7-23 marks a significant shift in liability for food-delivery scooter accidents in Savannah, mandating that delivery platforms carry substantial insurance, thus providing a clearer path to compensation for victims and demanding greater accountability from these companies.