You may wonder what to do after a rideshare accident. When the accident took place during the trip, who was at fault (the driver or a third party), and whether the driver has insurance can affect how you should handle your personal injury claim after a ride-sharing car accident. It’s important to establish liability to seek compensation, which involves determining who was responsible for the accident and gathering evidence to demonstrate their negligence.
For help after your crash, contact Lloyd Miller Law Group at (773) 838-8100 for assistance with your rideshare accident claim.
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How Is Liability in Rideshare Accidents Determined?
Liability pertains to the legal obligation that one party holds in case of an accident. It involves identifying who was at fault or negligent and to what extent. Illinois follows a modified comparative negligence system, which indicates that a party can receive compensation only if found to be less than 50% responsible for the accident. However, the amount he or she can recover will be decreased by the percentage of fault.
The at-fault party is typically liable for compensating others for accident-related injuries. In car accidents, the at-fault driver’s usually insurance covers expenses. However, this process can be more complicated when rideshare drivers are involved in the accident.
Rideshare Companies Are Considered a Common Carrier in Illinois
The historical classification of rideshare companies as technology companies rather than transportation companies have allowed them to assert that they were hiring independent contractors as drivers. However, Illinois has recently passed a law that classifies ridesharing companies as common carriers and holding them to the same liability standards as other public transportation providers. The new law came into effect on January 1, 2024, and here are its key provisions:
- Common Carrier Definition: In Illinois, the term “common carrier” used to refer to taxicabs and trains. They are held to a higher standard of care for passenger safety. However, the new law now includes rideshare companies in this category.
- Rideshare Company Liability: Previously, rideshare companies were exempt from common carrier status, often avoiding liability for harm caused by their drivers. The new law removes this exemption, making it easier for injury victims to hold rideshare companies accountable for such incidents.
Who Can Be Held Liable in a Ridesharing Accident?
If you were in a rideshare accident, you may have suffered severe injuries, costly medical care, and lost income. It can be challenging to identify the responsible parties due to the mix of individual and corporate accountability. There could be several parties held accountable for the damages:
The Rideshare Driver
If you were a passenger in a ridesharing vehicle and the driver from the ridesharing company caused an accident which led to your injury, you would have the right to make a claim against the driver. This claim could be made against the driver’s insurance (if it covers ridesharing activities) or the rideshare company’s third-party liability coverage, depending on the particular stage of the ride.
Another Negligent Driver
If another driver is at fault for your accident, you can file a claim against that driver or their car insurance, just as you would in a typical car accident situation.
The Rideshare Company
If the driver of a ridesharing company was waiting for a fare with the app open, picking up, or transporting a passenger, you can submit an accident claim to the ridesharing company’s insurance. In the event of a personal injury claim, you could receive up to $1 million in coverage for personal injury and property damage.
The rideshare company might also be responsible if your damages exceed the driver’s insurance limits, if the ridesharing company denies a valid insurance claim for your injuries, if the ridesharing company is negligent in hiring, training, or retaining the driver who caused your injuries, or if your rideshare driver sexually or physically assaulted you. Lyft’s safety report for 2021 revealed that between 2017 and 2019, there were over 4,000 reported incidents of sexual assault.
Establishing Liability in a Rideshare Accident
Proving liability in a rideshare accident involves several key steps:
Determining the Driver’s Status
Assess whether the driver was not working, ready for assignments, or transporting a passenger. This status determines the applicable insurance coverage.
Collecting Evidence
Compelling evidence is essential. This encompasses accident reports, witness testimonies, medical records, and accessible surveillance footage.
Establishing Negligence
Establishing that the rideshare driver or another party acted negligently may involve demonstrating that the driver was distracted, speeding, or engaging in reckless behavior.
In the 1950s, the Illinois Supreme Court ruled that common carriers are obligated to exercise the utmost care to ensure the safety of their passengers. This standard imposes a higher level of responsibility on common carriers in comparison to individual drivers concerning passenger safety. Ultimately, establishing liability hinges on deciding who was at fault, and the critical question is, “Whose actions led to the accident?” To establish liability, you must prove negligence, and the four elements of negligence must be demonstrated:
- The Ridesharing Company Owed You a Duty of Care: Common carriers have distinct obligations, including preventing passengers from getting harmed by third parties if the risk could have been anticipated, protecting passengers from harm caused by other passengers if it was foreseeable based on the circumstances, and ensuring that passengers are protected from any intentional harm, abuse, or negligence by employees.
- The Ridesharing Company Breached Its Duty: The company or one of its employees did not exercise the expected caution and care.
- The Ridesharing Company’s Failure to Meet Its Responsibility Directly Resulted in Your Injuries: The car accident and your injuries were a foreseeable consequence of the company’s actions.
- You Incurred Damages: You experienced financial, physical, and emotional harm as a result of the car accident.
Tips for Handling a Rideshare Accident Involving Another Driver
Ridesharing services like Uber have seen a significant rise in Illinois and across the country in recent years. As per the 2022 Uber investor report, Chicago is among the top five metropolitan areas, contributing 22% of Uber’s Gross Mobility revenue. However, accident rates involving Uber are higher in bustling cities such as Chicago. If you find yourself in a rideshare accident, here are some tips on what to do after a rideshare accident to safeguard your health, preserve important evidence, and seek rideshare accident compensation.
Assess Yourself For Injuries
Following a car accident, the initial action is to evaluate the drivers and passengers of all vehicles involved for severe injuries and to contact emergency medical services for assistance.
Report the Accident to the Police
You should report the accident to the police. It’s crucial to have a police officer investigate the crash to create an official, neutral record with information that can support your insurance claim.
Uber has introduced an in-app emergency button that lets you quickly call 911. The app will also provide important information about the vehicle and your location, which you can share with the police.
Document the Scene
Take photos of the scene as soon as possible while it’s still fresh in your mind. Things can change before the police arrive, so it’s best to start taking pictures or recording video immediately. Also, it’s a good idea to speak with any witnesses and request their contact information. Avoid asking them what they saw to prevent influencing their recollection. If the police cannot come to the scene, consider taking a screenshot of the rideshare driver’s information for future reference. Additionally, if the rideshare driver caused the accident, getting their insurance information is important.
Report the Accident to the Ridesharing Service
Uber and Lyft drivers may not necessarily report accidents to their employers. In some cases, Uber has been known to remove drivers from the platform following an accident. Your driver might be hesitant to take that risk.
If you encounter a traffic accident or witness any other unsafe behavior, you can file a rideshare incident report through the app in the “Trip Issues” section. Doing so will enable you to access the platform’s insurance coverage.
When communicating with rideshare representatives, exercise caution. It’s advisable to direct them to your attorney rather than engage directly.
Screenshot the App
Don’t forget to capture a screenshot of your ride within the app to provide evidence that you were using the rideshare service during the accident. Since the stage of a ride that the driver is in can affect liability, this documentation could be valuable in your claim.
Seek Medical Attention
Seek medical attention immediately, even if you don’t feel seriously injured. Adrenaline and shock can mask symptoms, so getting checked by a doctor will help determine the full extent of your injuries and prevent any complications.
It’s crucial to establish a connection between the accident and your health. Failing to see a doctor promptly after your rideshare accident may give the impression that your injuries are less severe than they actually are.
Insurance companies often question everything and may use delayed treatment as a sign that the injury wasn’t serious. Make sure to keep copies of all medical bills and know how to document injuries in a car accident.
Obtain a lawyer
Ride-share companies such as Lyft and Uber prioritize their interests and those of their drivers in the event of an accident, as they are for-profit organizations. Therefore, obtaining legal assistance following a car crash while using a ride-share service can help ensure that your best interests are properly advocated for during the accident inquiry, insurance proceedings, and related matters.
The Benefits of Hiring a Rideshare Accident Attorney
Hiring an attorney following an Uber accident can provide numerous advantages, especially for those unfamiliar with personal injury law and rideshare cases. An Uber accident attorney can be crucial in navigating the aftermath of a rideshare collision.
Knowledge of Rideshare Law
Uber accident attorneys are well-versed in the legal issues related to rideshare accidents. They understand the differences between these cases and regular auto accidents due to the involvement of rideshare company policies. They can advise where fault lies in accidents, such as whether a tire blowout is an at-fault accident, and answer questions related to other car accidents, such as whether you can sue a drunk driver.
Navigating Insurance Claims
Rideshare companies like Uber have complex insurance structures that can be challenging to navigate. Additionally, rideshare companies have extensive resources to put toward disputing accident claims. An Uber accident attorney has experience in handling these multi-layered policies and can ensure that all sources of insurance coverage are properly accessed.
Maximizing Your Compensation
An attorney can evaluate the full extent of your damages, including medical expenses, lost wages, pain and suffering, and long-term care needs. They can then build a strong case to pursue the maximum available compensation, often exceeding initial offers from insurance companies.
Investigative Resources
Rideshare accident lawyers have access to resources for conducting thorough investigations, including the ability to subpoena records, consult with expert witnesses in accident reconstruction, and gather evidence to strengthen your case.
Skills in Negotiation
Attorneys are skilled negotiators who can effectively deal with insurance adjusters and legal representatives from rideshare companies. They can negotiate for a fair settlement and counter tactics often used to minimize payouts.
Representation in Court
If a fair settlement cannot be reached, an Uber accident attorney can file a lawsuit on your behalf and represent you in court, managing all aspects of litigation, from filing necessary documents to presenting your case before a judge or jury.
Finding Legal Strategy
An attorney can advise on the best legal strategy for your situation, including when to settle or take a case to trial, based on the circumstances and evidence at hand.
Mitigate Your Stress
Dealing with the aftermath of an accident is stressful. By hiring an attorney, you can focus on your recovery while your legal representative handles the intricacies of your case.Contact us at Lloyd Miller Law Group for assistance following your rideshare accident.
