Rideshare companies offer a convenient alternative to owning a personal vehicle that allows them to quickly get from one area of the city to another. However, the significant uptick in rideshare services throughout the United States has also resulted in an increase in the number of crashes. A University of Chicago research study found that the number of motor vehicle fatalities has increased by 3% per year since these services came on the scene. Approximately 1.7 million people drive for Uber, Lyft, or other rideshare services. Approximately two million paid rides are provided through these services throughout the year globally. The reality is that rideshare drivers are just as likely if not more, to get into car crashes in the Chicago area than other drivers.
If you are involved in a car accident involving a rideshare driver, you might be confused about your legal rights and options. The Chicago rideshare accident lawyers at Rapoport Weisberg & Sims P.C. understand the complexities surrounding these cases. We can review your case details and fight to recover maximum compensation on your behalf. Call us at (312) 445-9160 for a free and confidential consultation.
How an Experienced Rideshare Accident Lawyer in Chicago Can Help
If you were involved in a rideshare accident, you might be dealing with a lot: painful injuries, unexpected time off work, and an unclear future. A rideshare accident lawyer can provide the support you need during this critical time and fight for the compensation that will help you move toward the next chapter of your life with confidence. An experienced rideshare accident lawyer can help by:
- Investigating the accident to determine how it occurred and who is responsible
- Reviewing all applicable insurance policies for coverage and exploring all possibilities for financial recovery
- Collecting and preserving critical evidence in your case, including rideshare records, witness statements, property damage, and medical expenses
- Being available to answer your questions as they arise
- Handling your legal paperwork and insurance claims
- Calculating the full value of your claim
- Handling communication with insurance companies
- Negotiating for maximum compensation with the insurance company
- Recommending whether to accept a settlement offer or go to trial
Call Rapoport Weisberg & Sims P.C. for a free case review.
About Rideshare Companies
Uber and Lyft are two of the most prominent rideshare platform services in the United States, Uber came to the Chicago area in 2011, while Lyft followed two years later in 2013. There are various other platforms that operate in Chicago, such as Via and Divvyride, but Uber and Lyft have the lion’s share of the market.
Rideshare companies identify themselves as technology companies that connect customers who want a ride with someone who is willing to provide it. In Illinois, rideshare companies are classified as transportation network companies and are subject to the state’s Transportation Network Providers Act. This law mandates everything from the age of the vehicle the driver must use, when vehicles used for rideshare services must be inspected, mandatory background checks on driver applicants, and special requirements to fulfill before accepting passengers.
Common Causes of Rideshare Accidents
Rideshare drivers are just like regular drivers, so they may cause accidents for any of the reasons any other driver could. However, the nature of the job and industry may encourage rideshare drivers to take unnecessary risks to maximize their pay. Some of the factors that contribute to many accidents caused by rideshare drivers include:
Speeding
Rideshare drivers are paid by the trip, not by the hour, so there is an inherent incentive to get passengers to their destination as quickly as possible. This encourages some drivers to speed, which increases the likelihood of accidents.
Unsafe Driving
In addition to speeding, rideshare drivers may commit other types of unsafe driving practices in the interest of quickly getting passengers to their destinations, including the following:
- Failing to yield the right of way
- Running red lights
- Running stop signs
- Making unsafe lane changes
- Following too closely
Distracted Driving
Rideshare drivers are constantly on their phones, waiting for the next ride request (which they might accept while still on a ride) and following GPS directions. These distractions can increase the likelihood that they cause accidents.
Fatigued Driving
Many rideshare drivers accept this job to supplement their income, so they may be tired from other jobs, increasing the possibility of accidents.
Inexperienced Driving
Rideshare companies have minimal requirements to accept drivers to their platform, with some only requiring one year of licensed driving. One year is simply inadequate to safely transport passengers across the busy city streets of Chicago.
Mechanical Issues
Rideshare drivers use their personal vehicles to transport passengers. Their vehicles may not be well-maintained, or they may miss inspections to reveal dangerous conditions of the vehicle that contribute to accidents.
Rideshares and Insurance Coverage
Unlike in a typical car accident claim where you make a claim with the at-fault party’s liability insurance policy, the insurance that covers a rideshare accident depends on where you were in the transaction at the time of the accident. Here is how insurance applies at different stages of the transaction:
The Driver Is Offline
If the driver is offline at the time they get in a crash, it is treated as though they are not a rideshare service provider. Their liability insurance applies. State minimum liability coverage includes:
- $25,000 for personal injury per person
- $50,000 for personal injury per accident
- $20,000 for property damage
They are also required to maintain uninsured motorist coverage.
The Driver Is Online But Hasn’t Accepted a Ride Request Yet
If the driver is online and waiting for a ride request, Illinois law requires rideshare companies like Uber and Lyft to provide insurance within certain minimum limits. Even though the driver is not currently transporting a passenger during this time, they are still representing the rideshare company and working, so additional insurance is required. Minimum liability requirements during this period are:
- $50,000 for personal injury per person
- $100,000 for personal injury per accident
- $25,000 for property damage
This insurance kicks in only if the rideshare driver’s insurance does not provide the required limits or excludes a claim based on policy language.
The Driver Is Picking Up or Transporting a Passenger
Most insurance coverage applies when the accident occurs after the driver has accepted a ride request all the way up to the point when they drop the passenger off at their destination. During this period, Uber and Lyft have historically provided significantly more insurance coverage.
Who Can I Sue After a Rideshare Accident?
You may have various options for recovering compensation after a rideshare accident. An experienced rideshare accident lawyer can help you explore all your options to maximize your compensation. Depending on the circumstances, you may have a valid claim against one or more of the following:
The Rideshare Driver
Rideshare drivers may cause accidents because of their own negligence, such as speeding, failing to yield the right-of-way, or disregarding traffic signals. You might turn first to the rideshare driver for financial responsibility following an accident.
The Rideshare Company
Thanks to a new law that becomes effective Jan. 1, 2024, rideshare accident victims may be able to receive more accountability from rideshare companies. Under the new law, transportation network companies like Uber and Lyft will be held to the same type of legal standards as common carriers, such as taxi drivers, bus drivers, airline pilots, and train conductors.
Common carriers are held to a higher standard than private transportation providers. As such, rideshare companies may start to be held liable for accidents caused by their drivers’ negligence, as well as their own acts of negligence, such as negligent hiring. Additionally, these companies can be held liable for intentional acts of their drivers, such as sexual assault or battery. This change in the law could make it easier for rideshare accident victims to recover fair compensation for the full extent of their damages.
Another Driver
Just because you are involved in an accident involving a rideshare driver does not mean that the rideshare driver is automatically responsible for the accident. The negligent acts of others may be to blame. In such cases, you would file a claim against the at-fault driver’s liability policy.
Your Own Insurance
There are some instances in which you might file a claim with your own insurance. For example, if you are injured by an uninsured or underinsured driver, you could file a claim with your own insurance provider. You could also turn to your own MedPay or health insurance for coverage for your medical bills.
How Do I Prove Fault for a Rideshare Accident?
Illinois is an at-fault state for car insurance, so the party responsible for the accident is responsible for paying for the damages they caused. Whether you want to make a claim against the negligent rideshare driver, another negligent driver, or the transportation network company, you will need to establish fault.
Evidence you might be able to use to prove fault in an Illinois rideshare accident may include:
- Accident reports that indicate the at-fault driver was cited for a traffic violation or otherwise acted negligence
- Photos of the accident scene that indicate property damage, the point of impact, and who was to blame for the crash
- Videos of the accident from dash cams, traffic cameras, or surveillance cameras
- Statements from witnesses about what they saw in the moments leading up to the crash
- Electronic records, including records from the app service, background checks or a lack thereof, cell phone records, and electronic data recorder logs
- Medical records that indicate injuries consistent with certain positions in the crash
- Vehicle inspections that demonstrate the parts that were damaged in the crash
- Vehicle maintenance records that show a lapse in maintenance that contributed to the crash
An experienced rideshare accident lawyer can identify the evidence that might be available in your case and work diligently to secure it.
FAQs
Do I Need a Rideshare Accident Lawyer?
If you were injured in an accident involving a rideshare driver, you might want to consider hiring a rideshare accident lawyer because:
- These claims are complicated, and a rideshare accident lawyer can review your case and explain your legal rights and options.
- Various insurance policies could apply to the case, and a rideshare accident lawyer can help sort out these matters.
- A rideshare accident lawyer can handle communication with the insurance company and other parties on your behalf so you can focus on your recovery.
- A lawyer can demand the compensation you rightly deserve.
What Damages Are Available in a Rideshare Accident Claim?
If you were injured in a rideshare accident, you might be able to recover compensation for the following damages:
- Medical bills, including future medical expenses
- Physical therapy and rehabilitation costs
- Lost wages
- Costs for replacement services
- Vehicle repairs, if applicable
- Reduced future earnings
- Pain and suffering
- Mental anguish
- Emotional distress
An experienced rideshare accident lawyer can determine the damages that may be available in your particular case.
What Is the Deadline to File a Lawsuit After a Rideshare Accident?
The statute of limitations gives a deadline for taking legal action after different incidents. The Illinois statute of limitations for personal injury cases is generally two years from the date of the accident, but this limitations period can be shorter or longer depending on circumstances specific to your case. If you do not file a lawsuit within the limitations period and have not already received a settlement, you risk losing your right to recover compensation.
What Is the Value of My Case?
Every personal injury case is different, and there are individual factors that can affect its value, including:
- The type of injuries you suffered
- How severe your injuries are
- The type and duration of medical treatment you receive
- Whether your injuries were permanent
- How much time you missed from work
- The extent of your pain and suffering
- The insurance available for your claim
An experienced rideshare accident lawyer can give you a better idea about the potential value of your case after a thorough investigation.
Contact a Knowledgeable Rideshare Accident Lawyers for Help
If you were injured in a rideshare accident, turn to an experienced rideshare accident lawyer for help. Rapoport Weisberg & Sims P.C. has provided dedicated legal assistance to clients throughout Chicago and surrounding areas for decades. We can help fight for the compensation you deserve. Contact us today to schedule a free case consultation with one of our knowledgeable rideshare accident lawyers.
