The increased use of rideshare services means collisions are more likely to involve an Uber or Lyft driver. Rideshare wrecks can present unique issues regarding who is liable for injuries or damages.
Many rideshare crashes can lead to catastrophic injuries or fatalities. If you were injured in an Uber/Lyft/rideshare accident in Orland Park, speak with a hardworking auto collision attorney at MJB Law Offices about how to recover compensation.
Insurance Coverage Limits For Rideshare Accidents
Insurance coverage limitations can make analyzing liability in rideshare crashes more complex compared to the average car accident. Drivers within the state are generally required to have certain minimum insurance policy limits, including the following:
- $25,000 in coverage for a single person’s injury or death
- $50,000 in coverage for multiple people’s injuries or death
- $20,000 in coverage for property damage
However, many insurance policies explicitly limit coverage when drivers use their cars for rideshare transportation.
In addition, rideshare drivers are generally considered independent contractors of the company. This means rideshare companies are not strictly liable for drivers’ negligent actions.
Rideshare companies offer their own coverage for drivers based on factors such as the stage of the trip. For example, Uber provides $50,000 per person, $100,000 per accident for bodily injury, and $25,000 per accident for property damage when a driver is online but not engaged in a ride.
When a driver accepts a trip or is with a passenger, third-party liability coverage increases to $1 million. If the driver is offline, their personal policy covers any damages from a wreck.
Proving Negligence in Rideshare Collisions
In addition to complex insurance issues, rideshare accidents can lead to confusion about the responsible party. Some common scenarios for rideshare accidents in Orland Park include the following:
- A motorist or pedestrian was injured in a wreck caused by a rideshare driver
- A rideshare driver was injured in a wreck caused by another driver
- A rideshare passenger was injured in a wreck caused by their driver
- A rideshare passenger was injured in a wreck caused by another vehicle
Injured parties should speak with a lawyer to identify the appropriate defendant or defendants to file a personal injury lawsuit against to recover damages.
To prove negligence, the injured individual must establish that the responsible party breached a duty of reasonable care. For example, evidence that a driver violated state traffic laws by speeding, reckless driving, or driving under the influence of alcohol can help prove negligence.
The at-fault party’s negligent actions must have directly caused the plaintiff’s injuries. Some examples of compensation that an injured person can recover include:
- Property damage
- Medical bills or physical therapy costs
- Lost wages or future economic opportunities
- Emotional distress
- Pain and suffering
- Mental anguish
A well-versed personal injury attorney could help you calculate a fair damage award that takes into account all of your losses. With this information, they could then pursue compensation on your behalf.
When Rideshare Accidents Cause Fatalities
Rideshare accidents in Orland Park can sometimes result in fatalities. If a driver or passenger dies from their injuries, their surviving family members can still pursue compensation under the state’s wrongful death statute.
According to 740 Ill. Comp. Stat. Ann. § 180/1, surviving family members can bring claims when wrongful or negligent actions lead to a loved one’s death. The rule defines surviving family as the deceased’s spouse and next of kin.
Surviving family members can recover damages for losses such as grief, sorrow, mental suffering, and punitive damages under the wrongful death law. Punitive damages are intended to punish a defendant for willful misconduct or extremely reckless behavior.
It is important to note that the deceased’s estate must be the one to file a wrongful death claim. If the decedent does not have a will appointing an executor or administrator of estate, the court will appoint someone to this role.
Call an Orland Park Attorney to Discuss Uber/Lyft/Rideshare Accident Claims
When you have suffered injuries in an Uber/Lyft/rideshare accident in Orland Park, you must reach out to a lawyer as soon as possible. Failing to file your claim within the state’s general two-year statute of limitations can result in the dismissal of your lawsuit.
Our highly skilled and compassionate legal team has extensive experience litigating cases involving vehicle collisions. Our founder, Michael J. Brennan, will personally fight hard on your behalf both in and out of court. Call today to schedule an initial consultation.
