Rideshare services are common in Chicago, with Uber taking the bulk of the market share. Unfortunately, serious rideshare crashes happen every day, often leading to devastating physical injuries and insurmountable economic burdens.
A rideshare accident involving Uber vehicles can create complex legal situations for injured passengers, drivers and pedestrians in Chicago. When Uber crashes occur, determining liability and obtaining fair compensation from multiple insurance claims requires experienced legal representation.
We understand how abruptly a motor vehicle accident can complicate your life, and the Chicago car accident attorneys with Mark L. Karno & Associates, LLC, are here to lend a hand. After an Uber crash, you can count on our knowledgeable team to put you first and fight for the compensation you deserve.
Call (312) 701-0090 to schedule a free consultation and get started with your case. Se habla español.
Why Clients Trust Mark L. Karno & Associates, LLC
- Our Chicago Uber accident lawyers have been protecting the rights of injury victims for decades.
- We are committed to helping you secure maximum compensation for your Uber accident claim.
- Our Aurora and Chicago-based lawyers have decades of combined experience and have helped injured victims in Illinois recover more than $10 million in damages.
- You will receive personalized service tailored to your specific circumstances and needs.
- We will handle your claim on a contingency fee basis, so you pay nothing until we secure compensation for you.
How An Experienced Chicago Uber Accident Lawyer Can Help
An experienced Uber accident lawyer can significantly increase your chances of recovering the maximum compensation possible for your damages. Insurance companies are in business to make a profit. Their goal is to settle your claim for as little as possible, and they will look for anything they can use to deny, delay, and devalue your claim.
Additionally, Uber accident cases can be complex, so you need a Chicago personal injury attorney experienced in handling such claims. An experienced Uber accident attorney will know how to investigate the accident to determine its cause, liability, and the stage of your ride at which it occurred.
They can take fast action to preserve essential evidence and conduct discovery to identify and gather facts to build your strongest case.
Your Chicago Uber accident attorney can help establish and accurately value your current and future damages so you know what a fair settlement offer would be.
They can also help negotiate a fair settlement of your claim as quickly as possible. When a fair settlement offer cannot be reached, they can take your case to trial to demand the full compensation you or a loved one are entitled to.
If there is any chance of a claim, be sure to take photos preserving the condition as it existed at the time of injury.
How Uber Insurance Coverage Works
Uber provides insurance coverage for accidents involving their rideshare driver. Coverage amounts depend on the driving stage at which the accident occurred.
If the app is off, Uber does not provide coverage. The driver’s personal insurance would apply.
When the app is on, and a rideshare driver is waiting to receive a ride request, Uber maintains insurance coverage for accidents if personal insurance does not apply in the amounts of:
- $50,000 per person for bodily injury.
- $100,000 per accident for bodily injury.
- $25,000 per accident for property damage.
When the app is on, and a rideshare driver is en route to pick up passengers, and during passenger rides, Uber maintains insurance coverage in the amounts of:
- At least $1 million for third-party auto liability coverage.
- First-party coverages, which may include uninsured motorist coverage, underinsured motorist coverage, PIP, MedPay, and/or Occupational Accident coverage.
- If a rideshare driver obtains comprehensive and collision coverage on their personal auto policy, Uber maintains contingent coverage for comprehensive & collision up to the car’s actual cash value, with a $2,500 deductible.
At Mark L. Karno & Associates, LLC, our Chicago Uber accident attorneys will help establish the stage of your ride at which the accident occurred to prove what level of insurance coverage applies to your claim, helping you secure maximum compensation for your damages.
Injured in a Rideshare Accident?
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What Kind of Compensation Can I Expect From an Uber Accident Lawsuit?
Fair compensation allows you to cover these and other injury expenses:
- Medical bills
- Lost wages
- Long-term medical costs
- Reduced earning capacity
- Pain and suffering
- Disability or disfigurement
Every case is unique, but our rideshare accident attorneys can help you or a loved one consider all direct costs so that you do not overlook anything that may increase your financial compensation.
What Makes Uber Accident Cases Complex?
Rideshare accident cases involve multiple layers of insurance coverage that depend on whether the Uber driver was actively transporting passengers, waiting for ride requests or driving for personal reasons.
Negligence by Uber drivers, other motorists or rideshare companies themselves can create multiple liable parties in a single accident. Our attorneys know how to conduct thorough investigations and gather evidence necessary to create compelling cases against all responsible parties.
Does Uber Cover The Driver With Rideshare Insurance?
Like other motor vehicle accidents, you may have sufficient injury claims to be able to sue the driver directly after a ridesharing collision. If your own driver made a mistake that led to your injuries, you or a love one can seek compensation.
However, your case can get complex when dealing with insurance companies. In some cases, drivers have personal insurance policies help to cover injuries in an accident. However, for many app-based services, like Uber, the companies may offer supplemental insurance for drivers who are working at the time of the crash. As such, when injured by a gig driver, having someone on your side to help you identify all potential sources of compensation is essential.
Statute of Limitations For Chicago Uber Accident Claims
A statute of limitations is a law that establishes a deadline to file a claim seeking compensation for damages arising from a personal injury. As outlined in 735 ILCS 5/13-202, injury victims generally have two years from the date of the accident to file a lawsuit seeking compensation. This statute of limitations applies to claims against rideshare drivers, other motorists, and most other defendants.
If you miss your filing deadline, you or a loved one will not be able to recover compensation for your damages.
However, there are several exceptions to the two-year filing deadline that may extend or shorten this timeframe. For example, if the injured party is a minor under 18, the statute of limitations does not begin to run until they turn 18, giving them until age 20 to file suit.
And the statute may be tolled if the injured person is legally incompetent or if the at fault defendant fraudulently conceals facts essential to the claim.
On the other hand, claims against government entities face much shorter deadlines. If a city bus or other government-owned vehicle contributed to your rideshare accident, you may have as little as six months to provide formal notice of your claim and only one year to file suit under the Illinois Local Governmental and Governmental Employees Tort Immunity Act.
What Steps Should You Take After a Rideshare Accident?
Taking the right steps after a rideshare accident can help protect your health and your claim.
- Seek Medical Attention: Get medical care as soon as possible, even if injuries seem minor.
- Call the Police: Report the accident so an official report documents what happened.
- Gather Information: Collect names, contact details, insurance information, and the rideshare driver’s details.
- Document the Scene: Take photos of the vehicles, damage, road conditions, and any injuries.
- Report the Accident: Notify Uber through the app to create a record of the incident.
- Be Careful With Insurance Companies: Avoid giving recorded statements or accepting settlements without understanding your rights.
Speak with a Chicago Rideshare Accident Lawyer as soon as possible. They can identify applicable insurance coverage and pursue compensation on your behalf.
Common Causes of Chicago Rideshare Accidents
Uber accidents occur for various reasons. Some of the most common causes of Chicago rideshare accidents include:
- Distracted driving– Uber drivers can be distracted by the same things that can distract any other driver. However, Uber drivers may also check for ride requests, respond to them, and check the Uber app, which can distract them from driving safely.
- Driving under the influence– A rideshare driver can be guilty of driving while intoxicated, just like any other driver.
- Fatigue or drowsy driving– Many Uber drivers work other jobs and drive as a side hustle. These hard-working drivers may be exhausted after working a long day or sleepy if they drive late in the evening.
- Equipment failure– If an Uber driver’s vehicle fails during operation, it can lead to a tragic accident. Vehicles may fail because of a defective vehicle part or equipment, the driver’s negligence in maintaining their vehicle, or the negligence of a mechanic or vehicle maintenance company.
- Dangerous road conditions– When a road is designed dangerously or is negligently maintained, it may contribute to a dangerous accident.
- Speeding– The more rides a rideshare driver completes, the more they are paid. Many Uber drivers trying to get their riders to and from destinations may exceed speed limits, increasing the risk of accidents.
- Looking for addresses– Uber drivers may slow down and take their eyes off the road to look up a ride’s address, increasing the risk of accidents.
Determining the possible causes and potentially liable parties in an accident you or your loved one was involved in is essential to your case. We will carefully investigate your accident to identify all potential causes and liable parties, ensuring those responsible are held accountable and that the sources of compensation to cover your damages are maximized.
Most Common Rideshare Accident Injuries in Chicago
Rideshare accidents can result in a wide range of injuries, such as:
- Whiplash and neck injuries: Sudden impacts, especially rear-end collisions, can cause soft tissue injuries that lead to chronic pain and limited mobility.
- Head and traumatic brain injuries: Passengers and drivers may suffer concussions or more severe brain injuries if their head strikes a window, seat, or other object during the crash.
- Back and spinal cord injuries: Damage to the spine can result in herniated discs, nerve damage, or in severe cases, partial or complete paralysis.
- Broken bones: High-impact crashes may lead to fractures in the arms, legs, ribs, or collarbone.
- Internal injuries: Blunt force trauma can cause internal bleeding or organ damage, which may not be immediately apparent after the accident.
- Cuts and lacerations: Broken glass, debris, and impact forces can cause deep cuts that may lead to scarring or infection.
Seeking medical care as soon as possible is critical after any accident, even if symptoms are not immediately noticeable.
Illinois Laws That Apply to Uber Accident Claims
Rideshare companies such as Uber is regulated under Illinois law as Transportation Network Companies (TNCs). These laws establish requirements for insurance coverage, driver qualifications, and safety standards that apply when accidents occur.
Transportation Network Company Act — 625 ILCS 57
Illinois regulates rideshare companies under the Transportation Network Providers Act, which outlines how these companies must operate within the state. The law requires rideshare companies to ensure that drivers meet certain qualifications and that vehicles are properly maintained. It also establishes insurance requirements when drivers are using the rideshare platform. The statute states:
“A transportation network company shall maintain… automobile liability insurance that provides coverage… for death, personal injury, and property damage.”
This requirement helps ensure that injured passengers and others involved in rideshare accidents have access to insurance coverage.
Driver Background and Safety Requirements
Illinois law also requires rideshare companies to conduct background checks on drivers before allowing them to transport passengers. 625 ILCS 57/15 states:
“A transportation network company shall conduct a local and national criminal background check for each driver.”
These requirements are intended to improve passenger safety, but they may also become relevant in accident claims if a company fails to properly screen a driver.
Vehicle Safety Standards
Rideshare vehicles must meet certain safety standards under Illinois law. Companies are required to ensure that vehicles used on their platforms are safe and suitable for passenger transportation. This includes requirements related to:
- Vehicle inspections
- Proper registration and insurance
- Compliance with state safety standards
Failure to meet these requirements may play a role in determining liability after an accident.
Illinois Comparative Fault Law — 735 ILCS 5/2-1116
Rideshare accident claims are also affected by Illinois’ modified comparative negligence law. Under Illinois Comparative Negligence Statute, an injured person may recover damages as long as they are not more than 50 percent responsible for the accident.
“The plaintiff shall be barred from recovering damages if the contributory fault… is more than 50% of the proximate cause of the injury.”
If an injured party is partially at fault, their compensation may be reduced based on their percentage of responsibility.
Why Choose Our Uber Accident Legal Team?
We handle the insurance claims and other parties in your case to take the stress out of the legal process. Our conversational approach helps you understand your options without intimidation, and we fight to get you a fair resolution of your claim.
Call Now For A Consultation
We provide free consultations without further commitment and offer contingency based fees. That means you are not required to pay for our services unless we can obtain a satisfactory outcome on your behalf.
Call us in Aurora or Chicago at (312) 701-0090 to arrange your consultation. Se habla español.
Authoritative Sources In Illinois
- Illinois Department of Insurance
- Illinois Compiled Statutes
- Centers for Disease Control and Prevention (CDC)
- National Highway Traffic Safety Administration (NHTSA)
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