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If you thought the ridesharing market was already big, then you haven’t seen anything yet. According to experts, the global ride-sharing market is expected to expand by an overwhelming 40% over the next four years! Not to mention that In America Uber and Lyft are among some of the biggest rideshare names.
While this method of transportation is becoming increasingly popular, it’s important for consumers to be aware of the risks they’re taking when they use ridesharing apps. Drivers are not considered employees of Uber or Lyft, and they may not be doing their due diligence by taking out the proper insurance policies before freelancing as ridesharing drivers. Especially in Chicago where annually, about 987 road fatalities are attributed to the presence of Uber and Lyft drivers.
For that reason, an accident can get complicated fast, leaving you scrambling to find Chicago rideshare advocates who can help you understand your rights and options. Find out more about how to navigate your situation and how our firm here at Kermani LLP can help below.
Navigating Rideshare Accidents in Chicago
Ridesharing accidents happen when you hire a driver through a ridesharing app. Along your journey, the vehicle gets into an accident, and you suffer injuries. Drivers can implement all the best rideshare safety measures and drive as safely as possible and still get into a crash. That’s why they should always obtain the proper insurance policies to cover a potential crash.
Unlike taxi drivers and other ride-hailing employees, Uber and Lyft drivers don’t need to obtain a special chauffeur’s license to operate their business. According to Uber’s website getting a ridesharing vehicles inspection is not necessary to activate your account. Lyft, on the other hand, wants to perform an inspection to make sure your car is road-ready before approving you as a driver.
These varying rules and regulations can all make your claim more complicated, especially if you are not the only passenger who gets hurt in the crash.
In most rideshare accidents, you can obtain compensation through the driver’s insurance policy. If you run into any problems, then it’s advised that you speak with an attorney about your specific circumstances.
Common Causes of Rideshare Accidents
Rideshare accidents commonly happen in traffic-prone areas, so it makes sense that almost all of these accidents are the result of driver error. Negligent driving can come in many forms including all of the following driving behaviors:
- Reckless driving;
- Speeding;
- Driving while intoxicated;
- Failure to obey traffic laws;
- Running stop signs and traffic lights;
- Aggressive driving.
Less commonly, rideshare collisions can be the result of poor road infrastructure, weather conditions, or defective car parts.
What to Do After a Rideshare Accident
It’s important to know what to do after a crash to ensure that your physical health is taken care of and your legal rights are protected. When you’re in a ridesharing situation, it can feel natural to let the drivers handle the situation between themselves. Still, it may be important to involve yourself, especially if you’re hurt. If the other parties don’t want to call the police, you may have to do so. You should also report the accident directly through the ridesharing app as soon as it happens. Once police arrive and document what happened, you should get a full physical check-up to evaluate the extent of your injuries.
Understanding Your Legal Options after a Rideshare Accident in Illinois
Did you sustain significant injuries? If so, then it’s necessary to quickly get informed about your legal rights after a rideshare accident. Uber and Lyft drivers should have the proper insurance policies in place to help you cover the extent of your losses. If not, then filing a personal injury claim might be necessary. You could have to file a claim with Uber, Lyft, another third-party driver’s insurance, or even another party, like a part manufacturer. To fully explore the extent of your legal options, it’s usually best to unpack all the specific details of your situation with an attorney.
Pursuing Compensation After a Rideshare Accident
If your injuries result in economic and non-economic damages, it might be a good idea to use your legal rights to your advantage and pursue compensation. The value of your claim should include all of your losses, like the costs associated with your medical bills, the wages you lose out on while recovering, the financial costs of your long-term recovery, and any emotional distress you experience after the accident. If your injuries are substantial, then it’s usually a good idea to consult with an attorney. An experienced lawyer will consider losses that you may not have thought of yet, like the long-term costs of not being able to reach your full potential at work or the costs of childcare until you recover enough to return to your normal obligations.
Proving Liability in Rideshare Accidents
Proving liability could be a challenge depending on what happened in your crash. Clearly, you won’t be implicated in any way, but the rideshare driver and the other driver might have conflicting stories about who is to blame.
Sometimes proving negligence in rideshare accidents requires an investigation, but you might be able to prove liability by securing evidence like video footage of the accident, statements from witnesses, photographs of the accident, or the conclusions of an official police report.
Insurance and Rideshare Accidents
Once you properly value your losses, you can begin negotiating with insurance companies. In many cases, having an attorney act as your legal advocate during this stage provides a huge advantage and typically leads to a greater settlement award. For one, an attorney will help you avoid settling for less than what you deserve. For another, your lawyer will build up a strong claim with solid evidence that documents your losses clearly. When presented to the other party’s insurance, the company is more likely to settle since they know you have the evidence to back up your claims.
Why You Should Choose Kermani LLP to Represent Your Claim
Kermani LLP was established back in 2011 with the main goal of helping injured individuals get their fair share of compensation by leveraging their legal rights. If you’re looking for a quality rideshare lawyer in Chicago, then our team is confident that we can handle the challenge.
Our team is proud of our record-setting settlements and verdicts, but we’re even more happy about the impact we’ve had on our client’s lives. Equipped with the right financial compensation, our clients are able to move forward with their lives. We want you to feel financially whole again and get justice after your accident.
Schedule Your Free Consultation Today
Overall, our Chicago ridesharing accident lawyers here at Kermani LLP know how to handle ridesharing crashes. We have extensive experience reviewing the contracts of Uber and Lyft, so we know how the company and their legal team operate. You can use that, alongside our other legal experience, to your advantage as you attempt to navigate your losses after your rideshare crash.
Are you ready to get started? Get in touch to schedule a free consultation with our team today. Together, we’ll help go over the details of your accident and injuries to help you determine your best path forward.
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Frequently Asked Questions
How do Illinois laws affect Uber and Lyft accident claims?
In Illinois, individuals who get hurt in a car accident are entitled to receive compensation for any losses they experience when someone else is at fault. In Uber and Lyft claims, passengers are almost never at fault for car accidents, so it makes sense that they can almost always recover compensation after a crash.
Determining who was at fault for your accident can become very complicated, though, especially in rideshare accidents. Multiple parties could be potentially held liable for your injuries depending on what happened. Potentially responsible parties include the rideshare driver, a third-party driver, a car part manufacturer, Uber, Lyft, or someone else depending on the specifics of your case.
Illinois courtrooms also operate on a modified comparative negligence standard, which means that at-fault parties are only liable for the percentage of fault they contributed to a crash. If multiple parties are liable, then you may have to pursue multiple claims to get the full amount you deserve.
Can I sue Uber or Lyft directly for an accident in Illinois?
You can pursue a lawsuit against Uber or Lyft directly after an Illinois rideshare accident, but only after fully investigating your options for pursuing a claim against the driver. Both Uber and Lyft have specific policies in place that dictate how accidents are handled. Each driver should have their own insurance policies that cover any accident and injuries. The main reason for this is because drivers are considered independent contractors under the law rather than employees of Uber or Lyft. Uber and Lyft’s compensation policies should only come into play when your losses exceed the driver’s policy limits or you run into another issue that prevents you from getting what you’re entitled to under the law.
What are the insurance requirements for Uber and Lyft in Illinois?
In Illinois, rideshare drivers who use Uber or Lyft are considered independent contractors. They are not employees of Uber or Lyft. That said, independent contractors are expected to take out their own insurance policies on their vehicles. When they start offering ridesharing services, it’s their legal obligation to ensure that they have the right coverage. Most insurance companies will require a rideshare driver to take out a higher level of coverage when they start their business.
How do I prove negligence in a rideshare accident in Chicago?
To prove negligence, you will need to document what caused the crash and find evidence to back those claims up. Evidence in rideshare accidents could include dash cam footage or other video footage that shows who caused the incident. It could include photographs of the crash scene, witness statements, personal testimony of what happened, police reports, and conclusions made by accident investigators. Depending on what happened, there could also be physical evidence that proves who was negligent. Your lawyer can help you determine what types of evidence might be most useful in your case and how to collect it.
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