Many Schaumburg residents rely on Uber to get from point A to point B. In general, rideshares can be a safe way to get around. Yet, Uber accidents can and still do occur, and determining liability can be more complicated than a traditional accident.
If you or a loved one was injured in an Uber accident, you may find a Schaumburg Uber car accident lawyer to be valuable to your case. Rosenfeld Injury Lawyers work with those injured in an Uber accident, helping to establish liability and determining the best legal route.
Why Choose Rosenfeld Injury Lawyers
At Rosenfeld Injury Lawyers, we are committed to obtaining the highest compensation for clients involved in Uber accidents in Schaumburg. Our skilled legal team has extensive experience handling rideshare accident cases and a proven record of securing substantial settlements and verdicts.
Fatal rideshare passenger accident
Rideshare passenger shot by driver
Pedestrian hit by a rideshare vehicle
Rideshare driver sexual assault case
Motorcyclist hit by a rideshare vehicle
Hip and foot injury exiting a vehicle
We meticulously investigate each case to ensure all medical expenses, lost wages, and pain and suffering are fully addressed. With our deep expertise in Uber accident claims, we navigate the complexities effectively and fight vigorously to protect your rights.
Leading Causes of Uber Car Accidents
While Illinois doesn’t track rideshare and other auto accidents separately, many of the same causes of traditional accidents can also lead to an Uber accident. Here are some of the leading causes of car accidents in the Schaumburg area:
- Alcohol-related: Over 2,000 Cook County auto accidents occur each year from alcohol-impaired driving [1].
- Fatigued driving: An average of 1,000 Cook County accidents yearly are due to drowsy driving [2].
- Poor weather: Almost 20% of Schaumburg, IL car accidents in 2022 occurred in wet or icy conditions [3].
- Speeding: Illinois reports an increase in speeding-related traffic fatalities year over year despite attempts to decrease speeding [4].
Most car and Uber accidents arise from driver negligence. Negligence refers to the failure to take proper care in doing something, such as driving. Some might argue Uber drivers have an increased expectation of care since they’re transporting passengers for pay. The cause of an accident may not always be clear. A Schaumburg Uber injury lawyer can help investigate your case.
Most Common Injuries Among Uber Crash Victims
Uber accidents can lead to a wide range of injuries, including the following:
- Broken bones
- Traumatic brain injury (TBI)
- Internal bleeding
- Temporary or permanent paralysis
- Back and neck injury
- Chemical burns
- Whiplash
- Rib fracture
- Post-traumatic stress disorder (PTSD)
- Concussion
- Knee or other joint pain
What Makes Uber Car Accident Claims Challenging
Navigating an Uber accident claim presents a few additional challenges that are not present in traditional accidents. Uber drivers are independent contractors in Illinois, meaning they’re not covered under traditional carrier coverage policies since they’re not technically employees. Additionally, Uber drivers use their own personal vehicles, so they’re not required to carry commercial vehicle insurance.
Uber drivers are covered under a one-million-dollar insurance policy through Uber. However, coverage eligibility isn’t that simple. Liability in an Uber accident depends on the driver’s status in the app at the time of the accident.
For example, if the driver is logged into the app but isn’t transporting passengers, they are covered under Uber’s policy. Of course, the Uber driver and passengers during transport are also covered under the policy.
Uber drivers who haven’t yet logged into the app are not covered under Uber’s policy. Instead, any injuries or damages they cause in an accident would go through their personal injury policy. Uber also requires all drivers on its platform to carry the state’s minimum insurance requirements.
A knowledgeable car accident attorney can help you navigate the complexities of your legal rights in an Uber accident. A Schaumburg car accident attorney from Rosenfeld Injury Lawyers handles all communications with insurance providers, legal teams, and Uber, helping protect your legal rights.
Your Legal Options Following an Uber Accident in Schaumburg, IL
Injured victims in an Uber accident have a few legal options available to pursue compensation. The best choice and legal strategy depends on the details of your case, including the driver’s status at the time of the accident and the type of injury sustained.
If you suffered injuries in a crash caused by an Uber driver who was active at the time of the accident, you can seek compensation through Uber’s insurance policy. If the driver wasn’t logged into the app and they are to blame, you can file a claim through their personal injury policy.
However, it’s important to note that Uber’s insurance coverage is contingent. This means coverage depends on the driver’s status at the time of the accident. It may also be contingent on the Uber driver’s personal insurance policy and what it includes and excludes.
If the responsible driver wasn’t insured at the time or didn’t have sufficient insurance coverage to cover your damages, and you have uninsured or underinsured coverage through your insurance policy, you can file a claim with them.
If compensation isn’t available through the responsible driver’s insurance policy or Uber, you can file an accident claim through a third-party personal injury lawsuit.
It’s also important to note that Illinois uses comparative negligence laws, which means more than one party can be at fault when a crash occurs. Other vehicles may be responsible if they were speeding or driving while distracted. If the Uber driver was also distracted, ignoring Illinois laws, or under the influence of an illegal substance, both drivers could be liable.
Illinois allows injured victims to seek compensation, even if they are partially to blame. However, to be able to file a lawsuit, the state requires you to be less than 50% responsible.
Our Schaumburg rideshare accident lawyers help injured victims explore their claim options and choose the best route. Call Rosenfeld Injury Lawyers today for a free consultation following an Uber crash.
Damages Our Schaumburg Uber Accident Lawyers Can Help You Recover
An Uber accident can lead to short- and long-term expenses. A Schaumburg Uber accident attorney can help those injured in an Uber accident recover the following costs:
- Medical bills
- Lost wages
- Pain and suffering
- Property damages
- Wrongful death costs
- Diminished earning capacity
- Lost work benefits
- Temporary or permanent disfigurement
- Rehabilitative costs
The injuries you sustain, and their impact on your current and future life are essential to your case. Illinois allows for the recovery of economic and non-economic damages. Additionally, punitive damages may be available when intentional negligence occurs. An experienced lawyer can help value your case.
Establishing liability is a requirement for filing a personal injury lawsuit following an Uber accident. The liable party may include any of the following:
- Uber: Since Uber drivers are independent contractors, it’s not easy to sue Uber directly. However, Uber has an insurance policy to cover any damages drivers may cause while actively logged into the rideshare app.
- Uber driver: Negligent drivers may be liable when an Uber accident occurs. Uber requires its drivers to carry the state’s minimum insurance coverage. Additionally, Uber has a contingent policy in place.
- Other drivers: Other drivers on the road could be liable for an accident. Negligent behaviors like speeding, driving under the influence, or distracted driving can prove liability.
- Auto or parts manufacturer: Defective or faulty automotive or tire parts can lead to an accident. Injured drivers or passengers can recover damages due to faulty parts in a product liability case.
Determining liability is an integral part of an Uber accident case. Work with a Schaumburg Uber crash attorney to explore the details of your case and identify liability. A lawyer can also help collect the necessary evidence to prove liability, including photographs, videos, and witness statements. Tracking down medical bills and expert witness claims can also help your case.
You Have a Limited Time to Take Legal Action
Illinois limits lawsuits related to Uber accidents to just two years. This means state law requires injured victims to file claims within two years from the date of the incident. Failing to do so could make you ineligible. However, specific case details can prolong or shorten your time to file a case.
If your Uber accident was due to defective parts, you have two years to file a personal injury claim and five years for property damages. Extreme Uber accident injuries can lead to a loss of life, and Illinois allows the family of the deceased to file a claim within two years from the date of death.
Some exceptions may apply, making it important to discuss your case with a lawyer. Our Schaumburg personal injury attorneys can explore the details of your case and outline a plan within the state’s strict time limits.
Contact Our Schaumburg Uber Accident Attorneys Today!
If you were injured in a Schaumburg Uber accident, it’s important to consider your legal options soon. The damages sustained from an Uber accident can lead to expensive medical bills and lost wages, and the path to recovering damages isn’t always straightforward. Navigating an Uber accident can be more complex than traditional auto accidents, making it a good idea to work with a Schaumburg Uber car accident attorney from our team.
Call one of our experienced Uber accident lawyers today at (888) 424-5757 for a free consultation. Our legal team also works on a contingency fee basis, which means you don’t pay us anything unless we win your case.
You can also fill out our online form, and a Schaumburg Uber crash lawyer will contact you. Contact us today to fight for the compensation you deserve and need after an Uber accident.
Resources: [1] Illinois Department of Transportation, [2] Illinois Department of Transportation, [3] Illinois Department of Transportation – City Summary Crash Report, [4] Illinois Highway Safety Plan Annual Report