Chicago Uber Accident Lawyer | Over $450 Million Recovered (2024)

Uber injury cases are particularly challenging and complex. Drivers are not employees of Uber but rather independent contractors. Most cases are not filed against Uber directly.

If you or a loved one has been injured in an accident with an Uber vehicle, the team at Rosenfeld Injury Lawyers is here to help. Read on to learn more about the unique challenges associated with Uber accidents, how to file a claim, the applicable statute of limitations, and how much you can expect to recover in a settlement.

The Unique Challenges of Uber Car Accidents

An Uber driver is considered to be an independent contractor. This means that—in most cases—a passenger injured in a rideshare accident cannot sue Uber, the company, directly.

In the past, Illinois law gave certain extra protections for rideshare companies, such as Uber. Generally, Illinois law imposes a higher standard of care for those who are deemed to be common carriers.

The law applies to a private or public entity that transports goods or people from one place to another for a fee. However, there was an exception built into the law that exempted Uber from the definition of common carrier.

In 2023, House Bill 2231 changed the law to remove the special exception for Uber—the company is now considered a common carrier, and it could be slightly easier to prove fault in a rideshare accident case.

Uber’s Insurance Policy

Rideshare companies provide ridesharing insurance for their drivers. Uber works with several companies that it refers to as their “insurance partners”.

If the driver just has the app on and there is no passenger in the car, there would be at least $50,000 in third-party liability coverage per person, $100,000 in total liability per accident, and $25,000 in property damage liability per accident. If the Uber driver was in the car, but the app was not on, the driver’s personal insurance coverage would be in effect.

And if the driver has either accepted a ride request or has a passenger in the car, Uber’s insurance policy will cover up to $1 million for an accident—but $1 million is not as much as it seems.

First, if you’re involved in an accident while riding in an Uber, your medical expenses alone could be prohibitive if you were seriously injured. Second, there may be multiple accident victims who are all trying to claim compensation against the same policy. The $1 million is on a per-accident basis, so not everyone may be able to get everything that they deserve.

Legal Avenues That a Chicago Uber Accident Lawyer Can Help You Explore

Uber accident cases are more complex than other cases, as there are more insurance companies and liability considerations involved.

Some of the legal avenues that your lawyer may pursue include the following:

• Third-party claims – A third-party claim is against the responsible driver’s insurance policy.
• UM/UIM claims – Uber’s insurance policies and your own coverage may offer UM/UIM claims protection that you can file an underinsured or uninsured motorist claim against.
• Contingent collision – When the motor carrier’s policy is insufficient, it is possible to file a claim against a contingent collision policy if there is one available.

You Have Limited Time to File a Claim after an Uber Car Accident in Chicago, IL

In Illinois, 720 ILCS 5/3-6 imposes a time limit on your ability to sue. There is a two-year statute of limitations for personal injury cases from the time that you either were injured or should have known you were injured.

Types of Cases Handled by Our Chicago Uber Accident Lawyers

Our Chicago Uber accident lawyers are skilled in handling a wide range of car accident cases involving Uber, including the following:

• Pedestrians hit by Uber drivers
• Passengers of Uber drivers
• Drivers and passengers of other vehicles injured in an accident with an Uber driver

The Most Common Causes of Uber Accidents in Chicago

The following includes some common causes of Uber accidents:

• Fatigue – Fatigued drivers who are working late at night and have trouble remaining awake.
• Inexperience – Rideshare drivers who are not professional drivers. These could include drivers working another full-time job, working with Uber on the side to earn some extra money.
• Lack of familiarity with routes – Rideshare drivers who are in unfamiliar areas and are not familiar with traffic patterns.
• Passenger drop-offs – Drivers who are pulling into and out of traffic to pick up and discharge passengers.
• Speeding and reckless driving – An Uber driver who speeds because their fare is paid based on distance instead of time, and wants to carry more passengers.
• Deadheading – Drivers who linger in a high-traffic area so they can be ready when they receive a ride request. Many Uber driver crashes are caused by deadheadings.
• Distracted driving – Drivers who always have their eye on the rideshare app. Rideshare apps promote distracted driving, as drivers use the app to accept ride requests from potential clients and to communicate with clients before they come to pick them up.

The Basis of Uber Accident Lawsuits

You have the legal right to recover compensation when someone else is to blame for your Uber accident. Crash victims must prove that there was a negligent party who caused their injuries.

In an Uber accident, negligence means the following:

• Someone else owed you the duty of care.
• They violated their duty of care by doing something that could be considered unreasonable under the circ*mstances.
• You would not have been injured had it not been for the actions or omissions of the other party.
• You suffered an injury.

In most Uber accidents, the parties that can recover compensation are as follows:

• The Uber driver, if they were responsible for the crash
• The driver of the other car involved in the crash

Since Uber drivers are independent contractors, you may not be able to file a claim against the rideshare company itself for car accidents. In most cases, the insurance coverage of the rideshare driver and the other drivers involved in the case are liable. This includes the driver’s collision coverage, liability coverage, and bodily injury protection.

Our Chicago Uber accident lawyers will work to investigate your accident and help determine who may have been responsible for the crash. Once we know who was to blame, we will then fight to maximize your compensation for your injuries.

What to Do After an Uber Auto Accident in Chicago

After you have been injured in a rideshare accident, you should do the following:

• Gather contact information – Be sure to share contact and insurance information with any other drivers involved in the accident.
• Seek medical attention – Seek medical treatment immediately from a doctor who can diagnose and treat your injuries.
• Photograph the scene of the accident – If possible, document the accident scene using your cell phone.
• Schedule a free consultation with Uber accident lawyers – Hire an experienced personal injury attorney who can help you pursue compensation for your injuries.
• Notify Uber – Report the accident to the rideshare services company.
• Notify the insurance company – Report the accident to the insurance company, taking care not to discuss the situation or the automobile accident. There might be multiple insurance policies to file a claim with.
• Keep comprehensive records – Document your damages, so our legal team can prove what you deserve in a settlement negotiation or lawsuit.

Financial Compensation We Can Secure for Uber Accident Victims

There are no go-to settlement amounts for a personal injury claim involving car accidents, even those involving an Uber driver. Settlements vary by case, even when cases seem very similar. The specifics of the case, the skill of your lawyer, the judge your case is heard by, and the jury can all change the size of a settlement.

Factors That Affect Uber Accident Settlement Amounts

While there isn’t a standardized payout for Uber accidents, your Uber accident lawyer can give you a better idea of what to expect in your particular case.

There are some factors that are known to influence settlements, including the following:

• Costs of losses – Cases where there have been more tangible losses, such as higher medical care needs and property damage, will often yield higher payouts than cases with smaller losses.
• Extent of injuries – More serious or catastrophic injuries usually have higher settlements. For example, a traumatic brain injury would likely have a higher payout than a broken arm would.
• Insurance coverage available – Insurance policy limits are higher than a person’s individual assets. Cases that involve insurance companies often benefit from higher settlement offers and may not require the expense of going to court. An Uber driver often has Uber’s insurance coverage and their own personal auto insurance policy that you can file a claim with. The amount available is different if they were ready to transport passengers or if they were waiting for a pickup.
• Availability of evidence and witnesses – Some Uber accidents are recorded on video from nearby surveillance cameras or have an abundance of witnesses. These cases can be difficult to prove without solid evidence.

Common Injuries Among Uber Crash Victims

Passengers and other drivers may suffer serious injuries in an accident with a rideshare vehicle. They may take a considerable amount of time to recover, if they can even recover at all.

Common rideshare accident injuries include the following:

• Fractures and broken bones
• Soft tissue injuries
• Neck and back injuries
• Spinal cord injuries
• Internal injuries
• Traumatic brain injuries

Damages That a Chicago Uber Accident Attorney Can Help You Recover

There are different types of damages that our law firm can help you recover after you’ve been injured in an accident with an Uber driver. These include economic and non-economic damages, as well as wrongful death claims.

Economic Damages

Economic damages relate to monetary losses that you would not have otherwise had to spend if you had not been injured in the accident. These include the following:

• Medical bills
• Rehabilitation costs
• Lost wages
• Property damage

Non-Economic Damages

Non-economic damages are not related to direct monetary losses but are based on calculations that the court uses to assess non-tangible factors, such as the following:

• Pain and suffering
• Loss of enjoyment of life
• Scarring and disfigurement
• Emotional distress

Punitive Damages

Punitive damages are rarely awarded in a case against an Uber driver. However, if assessed, punitive damages can add substantially to a settlement. These damages are meant to punish the at-fault party for especially egregious behavior.

Wrongful Death

If your loved one died in an Uber accident, it is possible that you can file a wrongful death claim. This can include your loved one’s medical expenses, funeral expenses, pain and suffering, emotional trauma, and other losses.

Filing an Uber Accident Lawsuit With Rosenfeld Injury Lawyers

When you hire our experienced Uber accident lawyers, you gain the advantage of a thorough and strategic approach to your case. During a free consultation, we’ll discuss the specifics of your situation, ensuring you understand your options and next steps.

If you choose to proceed, our team will diligently investigate your case, gathering crucial evidence such as medical records and surveillance footage, and collaborating with accident reconstruction specialists if needed.

Our Chicago Uber accident lawyers will skillfully negotiate with Uber’s insurance policy and the personal insurance companies of the Uber driver or other drivers involved, aiming to secure the best possible settlement for you.

Should your case go to court, you can trust that we will meticulously prepare and manage your case throughout the trial process, providing you with the support and expertise you need every step of the way.

Chicago Uber Accident Statistics

Here are some key Uber statistics worth noting:

• According to the University of Chicago, ridesharing increased the number of fatal accidents by 3% [1].
• 79% of Chicago ridesharing drivers felt unsafe at least once a month while working [2].
• Uber’s safety report shows that pedestrians make up 30% of the accident fatalities involving Uber [3].
• The most common cause of rideshare accidents is distracted driving [4].

The Time It Takes to Settle a Chicago Uber Accident Case

There is no set amount of time that it takes to settle claims for accidents involving Uber. Every case is different. Smaller, more straightforward cases that can be settled out of court are faster than cases that must make it through the court system.

Having an Uber accident lawyer on your side can possibly speed up the process—as insurance companies may take your claim more seriously—and you’ll avoid common mistakes.

The Cost of Hiring an Experienced Uber Accident Attorney

There are no up-front costs to hire the Uber accident lawyers at Rosenfeld Injury Lawyers. We work on a contingency fee basis, which means that we take a set percentage of the settlement we help you secure. If we don’t help you recover money, you won’t owe us for our services.

After a rideshare accident in Chicago, contact Rosenfeld Injury Lawyers for a free consultation by filling out our contact form or calling our law firm toll-free at (888) 424-5757. A member of our law firm is available 24/7 to answer your call.

We work on a contingency fee basis, so there are no out-of-pocket costs. We have helped other clients recover millions in settlements and we can do the same for you.

We also serve clients from Buffalo Grove, Chicago, Elgin, Schaumburg and throughout Illinois.

Resources: [1] The University of Chicago, [2] The Pantagraph, [3] Uber, [4] Mitechnews