In 2022, there were 3,251 motor vehicle accidents in Joliet [1]. A car accident involving an Uber driver can be one of the most challenging personal injury cases due to the numerous parties involved and the complicated facets of car insurance policies for rideshares.
As such, it is crucial that victims rely on the assistance of a Joliet Uber car accident attorney to help recover compensation and protect their legal rights.
What to Do After an Uber Accident in Joliet, IL
It is important to act quickly after an Uber accident to protect your physical safety and legal rights.
Stay at the Accident Scene
Even if the rideshare driver attempts to drive off, insist on staying at the scene until police and EMS arrive.
Call the Police
If there has been a serious injury, you should call 911 for immediate help; otherwise, you can call the Joliet Police Department’s non-emergency line at 815-726-2491. This crash report will be crucial evidence for any accident involving a rideshare service.
Gather Evidence
Take pictures of the damage to the Uber, the surrounding road, and damages to other vehicles. Get angles of both the inside and outside of the vehicle.
Also, take pictures of any injuries sustained during the accident. Get the contact information and insurance details of every driver involved in the crash. Note down the license plate numbers of each car that is there, as this can also prove helpful.
Get Medical Attention
You should always get medical treatment after an accident, even if there is no visible bodily injury, as this provides additional evidence to substantiate your personal injury claim.
Do Not Speak to Third Parties
Insurance companies and others involved may attempt to get you to admit blame or offer you a fast settlement in hopes that you will not speak to a lawyer. When you call us, we will handle all communications with the insurance company and any other third parties on your behalf.
Call a Personal Injury Law Firm
Once you have been cleared by medical professionals, get in contact with a Joliet ridesharing accident lawyer to make sure your legal rights are protected and you seek the compensation you rightfully deserve.
Who Can File a Lawsuit for an Uber Accident in Joliet?
An experienced Joliet car accident attorney from our firm may be able to seek compensation for you if you were injured due to someone else’s negligence. Negligence is proven by four factors: duty of care, breach of duty, causation, and damages.
This means the other person had a responsibility to act safely, failed to do so, the accident would not have happened if they had acted safely, and you suffered financial or emotional losses as a result. Potential plaintiffs in an Uber accident lawsuit can include the following:
Passengers
Passengers of an Uber or of another car involved in a crash can recover financial compensation from the responsible driver.
Pedestrians
If you were hit by an Uber while in a crosswalk or on the sidewalk, our Joliet Uber accident attorneys can assist you with a claim.
Drivers of Other Cars
A Joliet Uber injury lawyer from our firm can represent other drivers who were involved in an accident with an Uber, helping them pursue financial compensation for medical expenses and lost wages.
Evidence Needed for an Uber Accident Lawsuit
Any evidence related to the Uber crash may prove vital in getting justice, which is why it is important to collect details at the accident scene. Some examples include:
- Surveillance footage
- Eyewitness testimonies
- Police report
- Medical records
- Photos of the accident
- Photos of your injuries
- A screenshot of your ride request
- Physical evidence from the scene
While present at the scene, take as many pictures as possible and write down the information of everyone present so an attorney can follow up with them. You should gather all official documents about the accident, such as the crash report and your medical records, and provide them to your attorney.
In addition to these, our personal injury lawyers will seek expert testimony from professionals, such as doctors and accident reconstructionists, to support your claim.
Leading Causes of Uber Accidents in Joliet, Illinois
Common causes of Uber accidents include:
- Distracted Driving – Texting, talking on the phone, or checking messages can all impair a driver’s ability to react in time.
- Reckless Driving – A driver who is speeding, tailgating, or making unsafe lane changes is more likely to get into an accident.
- Failure to Obey Traffic Signals – Driving through stop signs or ignoring yield signs often causes accidents.
- Drunk Driving – Even though a first DUI can result in a driving suspension for a minimum of 1 year, many drivers risk it anyway [2].
- Weather Conditions – Joliet receives 36.81 inches of precipitation per year, which can cause slick roads [3].
- Road Hazards – Illinois is ranked 11th in the country for potholes, many of which are serious enough to cause accidents and property damage [4].
Legal Liability for Joliet Uber Car Accident Cases
Our personal injury attorneys may hold several parties accountable, which can be complicated thanks to the insurance coverage for Uber drivers.
Uber Drivers
Individuals who drive for Uber are considered independent contractors, meaning their personal auto insurance is responsible for an insurance claim. They are not employees, so vicarious liability, as would happen in an accident with a driver in a company car, does not apply.
Many policies do not cover livery service, which is why rideshare insurance policies have become a popular option for Uber’s independent contractors [5]. However, part-time drivers may not opt to get the more expensive rideshare insurance, limiting the amount of compensation available.
Uber
In Illinois, rideshares are considered common carriers, which means they must have insurance policies to compensate victims of Uber accidents [6]. These policies may provide up to $1 million in primary liability coverage [7].
However, these policies are only active when the at-fault driver is transporting passengers or en route to a ride request [8]. This means if you are hit by a driver who is not engaged in a request, they are considered “offline,” and Uber is not responsible.
Other Drivers
If the other driver hits your Uber, they can be held liable for any injuries you sustain, just as with other types of car accidents.
Car Manufacturers
In some cases, a recalled part is responsible for an accident, such as faulty brakes or power steering issues. When this happens, a Joliet Uber crash lawyer from our firm can pursue compensation from the auto manufacturer.
Comparative Negligence and Its Effect Over Your Uber Accident Claim
Illinois uses the principle of modified comparative negligence. This means if you are less than 50% responsible, you can sue for damages. However, your compensation will be reduced by the amount by which you are responsible for the accident.
Working with an Uber accident lawyer can ensure you are not wrongly assigned more blame than is reasonable, as we will utilize the evidence we have gathered to prove liability.
Damages Our Joliet Uber Accident Lawyers Can Help You Recover
An attorney from our firm can seek two types of damages on your behalf: economic damages and non-economic damages.
Economic damages are real financial losses you incurred as a result of the accident. This can include things such as medical care, lost wages, and property damage. If the victim dies, our Joliet wrongful death attorneys can also seek burial expenses and lost financial support.
Non-economic damages compensate you for the impact of the accident on your life. Some common damages are pain and suffering, emotional distress, disability, disfigurement, and loss of enjoyment of life. In wrongful death cases, we will also seek loss of companionship.
For accident lawsuits, the court may award punitive damages, but these are only applicable if it can be proven the defendant acted with intentional malice or negligence beyond typical gross negligence.
You have Limited Time to Take Legal Action
It is crucial for you to call our Joliet personal injury attorneys as soon as possible. The Illinois statute of limitations for rideshare accidents is only two years. This means you have two years from the accident to file a lawsuit.
Your Joliet Uber crash attorney will seek to settle with the insurance company first. This makes it crucial for us to have as much time as possible to complete negotiations before taking the case to court.
Contact a Joliet Uber Accident Attorney Today!
You deserve compensation if an Uber crash has resulted in lost income or medical bills. Rosenfeld Injury Lawyers works on a contingency fee basis and deducts our attorney fees from your settlement. This means you owe us nothing unless we win your case.
To schedule your free consultation with a Joliet Uber car accident lawyer, call us toll-free at (888) 424-5757, or use our online contact form.
References: [1] Illinois Department of Transportation, [2] Illinois Secretary of State, [3] US Climate Data, [4] FOX 32, [5] Illinois Department of Insurance, [6] Illinois Senate Democrats, [7] Illinois Department of Insurance, [8] Uber