51% of Americans between the ages of 18 and 29 have used a rideshare app in their lifetime, thanks to their convenience [1]. There are now more than 4 times as many rideshare drivers on the road as taxis [2].
However, rideshare drivers are not held to the same standards as taxi drivers regarding licenses and background checks, which can easily lead to motor vehicle accidents due to inexperience or negligence [3].
Our Naperville rideshare accident lawyers are ready to hold rideshare companies and drivers involved in car accidents accountable for their negligence.
A car accident involving an Uber or Lyft driver is more complicated than other automotive personal injury cases due to who can be held liable.
Uber and Lyft drivers are often independent contractors; however, as of 2023, ridesharing companies are considered common carriers under Illinois law [4]. This means both the driver’s personal insurance coverage and the company’s liability insurance will be involved in reaching a settlement.
As every insurance company will try to reduce its own responsibility, a personal injury lawyer from our team must negotiate with multiple parties to reach a settlement. We must also investigate every facet of the accident, including how it happened and whether every driver was following Naperville laws like speed limits.
Additionally, a Naperville car accident attorney from our firm will be tasked with identifying who was at fault, which can be difficult if other drivers are involved.
Part of this comes down to the lax rules of companies such as Uber and Lyft. Most taxis have dual-view dash cams monitoring the vehicle’s interior and exterior. Ridesharing companies do not require these, which means lawyers must seek surveillance footage from elsewhere.
As with other vehicle accidents, a ridesharing accident can be caused by a variety of factors, which may include:
- Failing to Obey Traffic Laws – Illegal left turns and failing to stop at a red light are frequent causes of auto accidents.
- Speeding – A rideshare driver may speed in hopes of picking up fares faster, leading to an accident.
- Reckless Driving – Passing in no-passing zones or tailgating are common culprits in these accidents.
- Driving Under the Influence – While Uber and Lyft drivers are required to drive sober, there is little oversight of this, which may lead to ridesharing drivers ignoring the law.
- Distracted Driving – Drivers may be checking their phones to see if there is a new ride request or texting with others while they drive.
- Drowsy Driving – As an individual may be a rideshare driver as a side hustle, they may be fatigued from their other employment impacting their ability to make clear decisions.
- Weather Conditions – Naperville gets 39 inches of rain per year and 29 inches of snow [5]. The high precipitation can make road conditions poor, especially in the spring, when potholes begin to appear.
- Vehicle Age – Ridesharing companies generally require their vehicles to be 15 years or newer, but the average passenger vehicle has a life expectancy of only 12 years [6]. A vehicle with over 200,000 miles or is poorly maintained may suddenly break down, causing an accident.
- Vehicle Defects – Defective parts, such as brakes or tires, can also lead to serious accidents should they unexpectedly fail.
Common Injuries Sustained in Rideshare Accidents
As with any other car accident, an Uber or Lyft accident can result in serious injuries for a passenger or another driver. Common bodily injury cases our Naperville rideshare accident attorneys see include:
- Broken bones
- Lacerations and contusions
- Internal injuries
- Eye injuries
- Spinal cord injuries
- Traumatic brain injuries
- Burns from spilled fuel
- Amputations
- Strains and sprains
- Paralysis
- Death
Follow these steps after a ridesharing accident to protect your rights:
- Call 911 – Stay at the accident scene and wait for first responders to arrive. You will need to file a police report, as this will be key evidence when making a claim.
- Gather Information – Get the auto insurance policy details and drivers’ contact information, as well as the information of drivers and passengers of other vehicles involved.
- Take Pictures – Take pictures of your injuries and the damage to the vehicle at the scene.
- Get Medical Attention – Always go to the hospital to get a full evaluation. All medical reports will help a Naperville ridesharing accident lawyer from our firm prove you were injured in the accident.
- Gather Evidence – Find receipts of your ridesharing request, get the names of everyone who was at the scene, and collect your medical records. You can request a copy of the crash report from the Naperville Police Department at (630) 420-6157. Take pictures as your injuries heal and show any damage to personal property.
- Don’t Talk to Third Parties – The insurance adjuster will attempt to get you to admit fault in the accident, and the ridesharing company itself may reach out to you in order to dissuade you from filing a claim. Allow your attorney to handle all communications.
- Talk to a Naperville Rideshare Injury Lawyer – You can contact Rosenfeld Injury Lawyers at any time for a free case review.
Liability for Ridesharing Accidents in Naperville, IL
Our attorneys will pursue compensation from anyone who may be liable for an Uber or Lyft accident. In most cases, liability falls on the individual driver, but there may be other parties who share responsibility. These can include:
- Ridesharing Drivers – As the driver is considered an independent contractor, their personal insurance coverage should cover the cost of the accident.
- Ridesharing Companies – Under Illinois law, rideshares are considered common carriers, and the company will also share liability.
- Other Drivers – If another driver crashes into the ridesharing vehicle, they may be liable for your lost wages and medical expenses.
- Other Companies – If the driver of the other vehicle was operating a company vehicle, their employer may have vicarious liability.
- Vehicle Manufacturers – If a defect in the vehicle caused the accident, the parts manufacturer may have partial responsibility.
- Municipalities – The City of Naperville is responsible for ensuring roads are safe. If potholes, poor signage, or other road defects resulted in an accident, they can also be held partially responsible.
Our Naperville personal injury attorneys will seek maximum compensation for an accident caused by a rideshare driver. This is typically separated into three categories: economic damages, non-economic damages, and punitive damages.
Economic damages cover the financial losses incurred by auto accidents, such as:
- Medical bills
- Future medical expenses
- Lost income
- Loss of earning potential
- Property damage
- Burial expenses in the case of wrongful death
Non-economic damages consider the emotional and social aspects of an accident, which can include:
- Pain and suffering
- Emotional distress
- Loss of enjoyment of life
- Inconvenience
- Loss of companionship in the case of wrongful death
If the case goes to trial and the actions of the at-fault driver are particularly egregious, the court may award punitive damages, though this is rare.
You Have a Limited Time to File a Ridesharing Accident Claim in Naperville, IL
It is crucial to contact a Naperville ridesharing accident attorney from our firm for a free case evaluation right away, as the statute of limitations for a personal injury claim is only 2 years from the date of the accident.
No ridesharing request should result in pain and suffering for customers. Our Naperville motor vehicle accident lawyers have recovered millions for our clients, all on a contingency fee basis. This means you owe us nothing unless we are able to win you a settlement; you will pay no upfront fees throughout your case. We look forward to helping you seek justice for your injuries.
To schedule a free case evaluation, contact us 24/7 at (888) 424-5757 or use our online form.
References: [1] Bankrate, [2] Investopedia, [3] Penn Undergraduate Law Journal, [4] Illinois Senate Democrats, [5] BestPlaces, [6] Progressive Insurance
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