Understanding Liability in Chicago Rideshare Accidents
Uber and Lyft accidents can occur unexpectedly, leaving you unsure who will cover your injuries. These accidents can raise many questions about who is responsible for your medical expenses and damages. When you’re involved in a rideshare accident, our Chicago rideshare accident attorney can help you determine how to get the compensation you deserve.
This article will explain how insurance works in Uber and Lyft accidents, and how the responsible party is determined. Depending on the circumstances, the driver’s personal insurance, the rideshare company’s insurance, or even your own insurance could be responsible for paying. It’s important to know your options to protect your rights and focus on healing.
Quick Summary:
- Uber and Lyft accidents in Chicago can occur for various reasons and include common factors such as distracted driving, where drivers take their attention off the road to check their phones, and speeding, which reduces reaction times and increases the chance of accidents. Reckless driving, such as tailgating or running red lights, also risks everyone. Poor weather conditions and driver fatigue from long hours can also lead to dangerous situations.
- Rideshare accidents can lead to various injuries, from minor to severe. Common injuries include whiplash, which causes neck pain and stiffness, and broken bones, especially in the arms, legs, and ribs. Head and back injuries can result in long-term complications, while soft tissue injuries such as sprains and strains may require therapy for recovery. Facial injuries, including cuts and fractures, can also occur, along with knee and leg injuries that might need surgery. Additionally, emotional and psychological effects can follow a crash.
- After a rideshare accident, you may be entitled to compensation for various damages. Common types include medical expenses for treatments, including rehabilitation services, surgeries, long-term care, and lost wages if you miss work due to the injury. You can also receive compensation for pain and suffering, physical and emotional distress, and for property damage, including damage to your vehicle or personal items. Emotional distress, such as anxiety or PTSD, may also be compensated.
- Figuring out who pays for injuries in a rideshare accident can be confusing, as it depends on the details of the crash. If the rideshare driver is at fault, their insurance may cover the damages, depending on whether the driver was using the app or on a ride. If another driver is responsible, their insurance should pay, but Uber or Lyft policies might help if their coverage is insufficient. In cases where both parties are at fault, Illinois law allows you to recover damages if you are less than 51% responsible, but the compensation will be reduced.
What are the Causes of Uber and Lyft Accidents in Chicago?
Uber and Lyft accidents can happen for many reasons. Knowing what causes these crashes can help you stay safe and understand what to expect if you are involved in one. When you are injured in a rideshare accident, these factors can help determine who is at fault and how to handle your case.
- Distracted Driving: Distracted driving is one of the leading causes of rideshare accidents. Drivers may be looking at their phones for directions or waiting for ride requests, which takes their focus off the road. If a driver is distracted and causes an accident, they may be held responsible for your injuries.
- Speeding: Many rideshare drivers may rush to pick up or drop off passengers, leading them to speed. Speeding reduces the driver’s ability to react to sudden changes in traffic or road conditions. Rideshare drivers must follow traffic laws, and speeding may be considered negligence.
- Reckless Driving: Some drivers may engage in reckless behavior, such as weaving in and out of traffic, tailgating, or running red lights. These dangerous driving habits put everyone on the road at risk, including you, the passengers, and other drivers.
- Poor Weather and Road Conditions: Weather conditions like rain, snow, fog, or icy roads can make driving more dangerous. Drivers may struggle to maintain control of their vehicles or misjudge how to handle the road, leading to accidents.
- Driver Fatigue: Rideshare drivers often work long hours, which can lead to driver fatigue. Tired drivers may have slower reaction times, making them more likely to cause accidents. Fatigue can also lead to poor decision-making, which is especially dangerous on busy Chicago streets.
What are the Common Injuries in Rideshare Accidents?
Rideshare accidents, whether you’re in an Uber or Lyft, can result in serious harm. These accidents can cause a range of injuries, from minor bruises to more serious, life-altering damage. Here are some of the most frequent injuries people suffer in rideshare accidents.
- Whiplash: Whiplash is one of the most common injuries in any car accident, including rideshare accidents. It happens when your neck moves quickly forward and backward during a crash. This sudden movement can cause pain, stiffness, and difficulty turning your head.
- Broken Bones: A crash can cause fractures in different parts of your body. Common areas for broken bones in rideshare accidents include arms, legs, ribs, and collarbones. Broken bones can take time to heal and may require surgeries or extensive rehabilitation.
- Head Injuries: Head injuries are serious and can range from minor concussions to more severe brain injuries. You could suffer a head injury if your head hits the window, dashboard, or steering wheel during the accident.
- Back and Spinal Injuries: Injuries to your back or spine can cause long-term pain or permanent disability, depending on the severity. Injuries like herniated discs or spinal cord damage may require surgery and long-term care.
- Soft Tissue Injuries: Soft tissue injuries, such as sprains, strains, or bruising, happen when your muscles, tendons, or ligaments are stretched or torn during an accident. These injuries can cause pain and swelling and require physical therapy for full recovery.
- Facial Injuries: Facial injuries can occur if your face hits the dashboard, airbag, or other parts of the car. These injuries can result in cuts, bruises, or even fractures to the jaw or nose. Facial injuries may sometimes require plastic surgery to repair the damage.
- Knee and Leg Injuries: The force of the collision can cause damage to the knees, shins, or thighs. These injuries may require surgery or long recovery periods, especially if you suffer fractures or ligament damage.
- Emotional and Psychological Injuries: Car accidents can also take a mental toll. You may experience anxiety, depression, or post-traumatic stress disorder (PTSD) after a crash.
What Types of Compensation Am I Entitled to After a Rideshare Accident in Chicago?
Rideshare accidents can cause serious harm, but the good news is that you may be entitled to compensation to help you recover. The amount and type of compensation depend on several factors, such as the severity of your injuries and the details of the accident. Here are the most common types of compensation for rideshare accidents:
- Medical Expenses: You can seek compensation for the medical bills you’ve had to pay due to the accident. This includes hospital visits, surgery, physical therapy, and medication costs. If your injuries require long-term care, you may also be able to recover these future expenses.
- Lost Wages: If you’ve missed work due to the accident, you can claim compensation for the wages you lost during your recovery. This can include the time you’ve missed and any future lost earnings if your injuries prevent you from returning to work.
- Pain and Suffering: This type of compensation is for the physical and emotional pain you’ve endured from the accident. It can include both the physical pain of your injuries and the emotional distress, like anxiety or depression, caused by the crash.
- Property Damage: If your personal property, like your phone, clothing, or other belongings, was damaged in the accident, you could be compensated for these losses. This also covers the damage to your vehicle if you were the driver in the accident.
- Emotional Distress: Emotional distress compensation is for the mental toll the accident may have taken on you. This can include anxiety, nightmares, or PTSD that resulted from the crash.
- Rehabilitation Costs: If you need rehabilitation services, such as physical or occupational therapy, these costs can be included in your compensation claim. These services are designed to help you recover from your injuries and regain your ability to perform daily activities.
Who Pays For Injuries in Uber and Lyft Accidents in Chicago?
In Uber and Lyft accidents, figuring out who is responsible for the damages can seem confusing. Whether you were a passenger, a driver, or a pedestrian, liability depends on the circumstances of the crash. By learning about rideshare accident insurance coverage in Chicago, you can better handle your case and get the compensation you need.
The Rideshare Driver’s Actions
The first question to ask is whether the rideshare driver was at fault. If the rideshare driver caused the accident, their insurance coverage might apply. However, the coverage depends on what stage they were in during the accident:
- Not using the app: The driver’s car insurance is the only available coverage.
- Logged into the app but not on a ride: Uber or Lyft provides limited liability coverage, up to $50,000 per person, $100,000 per accident for injuries, and $25,000 for property damage.
- On a ride or picking up a passenger: Uber and Lyft’s $1 million liability coverage applies, as well as additional uninsured/underinsured motorist protection if another driver is at fault.
Another Driver’s Fault
If another driver caused the accident, their car insurance is usually responsible for paying your damages. Illinois law requires drivers to carry minimum insurance coverage of $25,000 per person and $50,000 per accident for injuries (Illinois Compiled Statutes, Chapter 625, Section 5/7-203). However, if the at-fault driver doesn’t have enough coverage, Uber and Lyft’s uninsured/underinsured motorist policies can help protect you.
Shared Fault in the Accident
Illinois follows a “modified comparative fault” rule (735 ILCS 5/2-1116). This means you can recover damages as long as you’re less than 51% at fault for the accident. However, your recovery will be reduced by your percentage of fault. For example, if you’re 20% at fault, your compensation will be reduced by 20%.
Rideshare Companies’ Policies
Uber and Lyft are required to provide coverage during certain situations, but filing a claim can be complicated. These companies often have teams of lawyers and insurance adjusters working to reduce what they pay. This is where our Uber accident attorney in Illinois can help you understand your rights and ensure you’re treated fairly.
Let Our Uber Accident Attorney in Illinois Help You
If you’ve been involved in an Uber or Lyft accident, you may be facing more than just physical pain. You could deal with lost wages, medical bills, and a long recovery. The good news is you don’t have to go through this alone.
At Martay Law Office, our Uber accident attorney in Illinois can help you figure out who is responsible and fight for your rights. Whether dealing with insurance companies or handling legal paperwork, we are here to make the process easier for you. Our personal injury law firm is ready to listen to your story, explore your options, and help you get the compensation you need.
Getting help early can make all the difference in your case. We’ll ensure you know what to expect and how to protect your rights.
Let us handle the legal aspects of your situation so you can focus on recovering and moving forward with your life. Contact us for a free consultation.
