Rideshare Accident Attorney in Chicago

Common Causes & Complexities of Rideshare Accidents

Several factors drive rideshare accidents in Chicago. Distracted driving from app use behind the wheel, driver fatigue from long or back-to-back shifts, route unfamiliarity, and pressure to complete more trips are among the most common causes. What separates these cases from standard car accident claims is the insurance landscape that follows.

Because rideshare drivers are classified as independent contractors under the Transportation Network Providers Act, establishing direct liability against the company is difficult. If a driver’s personal insurance has lapsed, 625 ILCS 57/10(d) requires the rideshare company to provide required coverage from the first dollar of a claim. Personal auto policies frequently exclude commercial transportation activity, which can shift the burden entirely to the rideshare company’s contingent coverage. Sorting out which policy applies, and to what extent, is the central challenge in most rideshare claims.

Illinois’s modified comparative negligence law (735 ILCS 5/2-1116) adds one more consideration: if you’re found 50% or less at fault, you can still recover damages reduced proportionally. A claimant found more than 50% at fault recovers nothing. Experienced legal counsel is essential to protecting your share of fault and identifying every available source of compensation.

What to Do After a Rideshare Accident in Chicago

• Call 911: File a police report. It’s an official record that supports your claim and documents the facts while they’re fresh.
• Screenshot Your Trip: Capture the trip information in the rideshare app immediately. This confirms the driver’s active status at the time of the crash and determines which insurance tier applies.
• Seek Medical Attention: Get evaluated even if injuries seem minor. Some conditions, including soft tissue damage and mild traumatic brain injury symptoms, worsen over time. Early documentation creates the causal link insurers require.
• Document the Scene: Photograph vehicle damage, visible injuries, weather and road conditions, and nearby signage.
• Collect Information: Get the driver’s name, contact information, plate, insurance details, and app trip ID. Gather witness contact information as well.
• Report to Uber or Lyft: Notify the rideshare company through the app.
• Avoid Recorded Statements: Don’t speak to any insurer before consulting an attorney. Rideshare companies and their insurers contact victims quickly after a crash to obtain statements they can use against you.
• Document Your Expenses: Keep records of all accident-related costs: medical bills, lost wages, transportation to appointments, and property repair.

Who Can File a Rideshare Accident Claim in Chicago?

Rideshare accidents can injure people in many different roles, and each has legal standing to pursue a claim.

• Passengers: Anyone injured while riding in an Uber or Lyft can pursue a claim against the driver, the rideshare company’s insurer, and potentially a third-party driver if another vehicle caused or contributed to the crash.
• Drivers of Other Vehicles: If a rideshare driver strikes your vehicle, you have a claim against the driver and, depending on the driver’s app status at the time, the rideshare company’s insurance.
• Pedestrians and Cyclists: Those struck by a rideshare vehicle have the same legal standing as any other injured party and can pursue claims against the driver and potentially the rideshare company.
• Rideshare Drivers: A driver injured while transporting a passenger or en route to a pickup may have claims against a third-party at-fault driver. Their app status and personal policy terms affect which coverage is available.
• Surviving Family Members: If a loved one died in a rideshare crash, the family may have a wrongful death claim under the Illinois Wrongful Death Act (740 ILCS 180/1 et seq.).

Our Chicago rideshare accident attorneys are ready to help you pursue compensation from Uber, Lyft, or any other responsible party. Call (312) 500-7944 now for a free consultation.