Rideshare services like Uber and Lyft can be helpful tools that Chicagoans use every day. However, rideshare drivers are human and can make mistakes behind the wheel, potentially causing accidents that could injure their passengers and other motorists on the road.
If you were injured in an accident due to an Uber or Lyft driver’s negligence, you likely cannot sue the rideshare company themselves. You can, however, sue the driver that caused the accident and recover damages through the supplemental insurance coverage that the rideshare company provides.
The best first step that you can take after a rideshare accident leaves you injured is to place a call to Rhatigan Law Offices at (312) 578-8502. Our Chicago Uber and Lyft accident attorneys have spent more than 25 years advocating for clients just like you. We can offer you a free initial case evaluation when you call today.
Liability for an Uber or Lyft Accident in Chicago
If you were recently injured in a car accident where an Uber or Lyft driver was at fault, you may be wondering who you should sue to recover the damages. Specifically, many victims are curious about whether they can sue the rideshare company.
Suing Uber or Lyft directly is very difficult. This is because the law classifies rideshare drivers as independent contractors rather than employees of the company for which they drive. Therefore, the doctrine of vicarious liability, which allows injury victims to sue employers for their employee’s negligence, does not apply.
However, that does not mean that you cannot recover. You should file your lawsuit against the rideshare driver that caused the accident. The compensation you win will come from the insurance policies that cover the driver.
Rideshare companies like Uber and Lyft take out supplemental insurance policies for their drivers that apply for any accidents that occur while the rideshare driver is “working.” The policy limits will vary depending on whether the driver was transporting a fare, on their way to pick up a fare, or actively awaiting a fare with their application turned on. Limits may also vary depending on whether the victim was the driver or passenger in another car or if they were a passenger in the rideshare vehicle itself. Your Chicago Uber and Lyft accident lawyer can help you assess how the rideshare company’s supplemental insurance will apply to your compensation.
Common Uber & Lyft Accident Injuries in Chicago
After an accident, you must seek medical assessment and care as soon as possible. Even if you think that your injuries are minor, some conditions may be undetectable without professional assessment and can worsen the longer they go untreated. Below are some of the injuries our Chicago Uber and Lyft Accident attorneys commonly encounter among Uber and Lyft accident victims.
Traumatic Brain Injuries (TBIs)
TBIs such as concussions are more common than you would like to think. A TBI occurs when an excessive force causes the victim’s brain to collide with the inside of their skull. This can result in swelling or bleeding that can affect a person’s neural function. Unfortunately, many people write the signs of a TBI off as the consequences of a stressful event. If you are experiencing symptoms such as nausea, light sensitivity, or slurred speech, we urge you to seek medical care as soon as possible.
While the automotive industry has made tremendous strides in car safety features in recent years, the human body is simply not built to sustain the force of a car accident. Even with properly deployed airbags and functioning seat belts, rideshare driver accidents frequently cause fractures of bones in the face, arms, hands, legs, spine, and collarbone. Expected recovery time and cost of treatment vary depending on the nature of the fracture and the background of the victim, so if you have suffered broken bones from a collision, our Chicago Uber and Lyft accident lawyers can set you up with a medical specialist who can evaluate your condition and provide evidence in court that can help you secure the compensation you deserve.
When people think of whiplash, they often associate it with car accidents. You should know that whiplash is a medically recognized condition that comes with serious consequences. In an accident, the force of the collision may strain or tear the critical muscles in the victim’s neck and upper back, severely limiting their range of motion. While some cases of whiplash may resolve on their own, some may require extensive physical therapy and prescription treatment, which can be quite expensive. With the help of a seasoned Chicago Uber and Lyft accident attorney, lawsuit damages will account for the expenses that you incur from these services and others during your physical recovery.
Chicago Statute of Limitations for an Uber & Lyft Accident Lawsuit
If you want to recover compensation for your Uber or Lyft accident injuries, you must abide by the State of Illinois’ statute of limitations. The statute of limitations is the law that determines how long a plaintiff has to file a particular claim. The applicable time limit is two years for all car accident injury victims, including those whose injuries were caused by negligent rideshare drivers.
This two-year period starts to run on the date of the accident, except in specific cases, such as where the victim was a minor at the time of the accident. If you fail to file your claim before the deadline, you will likely lose out on any chance you may have had to recover. Allow yourself plenty of time to prepare and file your official complaint by reaching out to a Chicago Uber and Lyft accident attorney well in advance of the deadline, preferably as soon as possible after your injuries have been treated.
Rhatigan Law Offices Can Help You Recover Compensation After an Uber & Lyft Accident
Our Chicago Uber and Lyft accident attorneys have recovered millions for our injured clients. To get a free case assessment today, call Rhatigan Law Offices at (312) 578-8502.