Chicago Rideshare Accident Lawyers

Uber and Lyft and their drivers must protect passengers and everyone sharing Chicago streets

An Uber driver turns across a bike lane without looking. A Lyft passenger opens a door into an approaching bicyclist. A distracted rideshare driver runs a red light with a passenger in the back seat. Each can leave someone facing serious injuries because another person failed to follow basic safety rules.

Rideshare services are part of daily life in Chicago. Their drivers still have to follow the law. At Keating Law Offices, we represent injured passengers, bicyclists, pedestrians, and motorists and investigate the conduct that caused their injuries.

• What Should I Do If I’m In A Rideshare Accident?
• Rideshare Driver Injury
• Rideshare Passenger Injury

Illinois law holds rideshare drivers accountable

If you are injured in a crash involving an Uber or Lyft, the Illinois Vehicle Code and applicable local ordinances and regulations help determine responsibility. A rideshare driver must obey traffic signals, yield the right of way, and protect people walking and bicycling. Accepting a ride request does not excuse dangerous driving.

Beginning January 1, 2024, Illinois eliminated the statutory exemption that had excluded transportation network companies and their drivers from common carrier status. Uber and Lyft cannot rely on that former exemption to avoid the heightened duty owed to passengers. Like taxicabs, limousines, and buses, rideshare carriers are subject to the common carrier standard in transporting passengers.

Under Illinois law, a common carrier owes its passengers the highest degree of care consistent with its vehicle and the practical operation of its business. It does not guarantee passenger safety, but failing to meet that duty is negligence. See Sheffer v. Springfield Airport Authority, 261 Ill. App. 3d 151, 154 (4th Dist. 1994), and Illinois Pattern Jury Instruction 100.01. Section 25(e) of the Transportation Network Providers Act, 625 ILCS 57/25(e), made the former exemption inoperative on January 1, 2024.

This change strengthens the legal protections available to injured passengers seeking compensation for medical bills, pain and suffering, and loss of a normal life. It does not make every crash an automatic recovery or establish the company's liability without proof. The heightened passenger duty is distinct from the duties owed to bicyclists, pedestrians, and other motorists, whose claims depend on the applicable traffic laws and negligence principles.

Uber and Lyft pickups must protect Chicago bicyclists

A bike lane is not a rideshare loading zone. When a driver blocks the lane to collect or discharge a passenger, bicyclists can be forced into moving traffic. When someone opens a door into a bicyclist's path, the rider may have no safe opportunity to avoid a collision.

Our IllinoisBicycleLaw.com article on Uber and Lyft Doorings explains that Chicago's rideshare training instructed drivers to keep pickups and drop-offs out of bike lanes and to avoid opening doors into traffic. Those safety rules address a predictable danger. Current Chicago Municipal Code Section 9-40-060 restricts driving in and obstructing designated bicycle lanes. Section 9-80-035 and Illinois Vehicle Code Section 11-1407 prohibit opening a vehicle door into moving traffic unless it is reasonably safe and will not interfere with traffic.

Both the person opening the door and a driver who negligently selects an unsafe discharge location may bear responsibility, depending on the evidence. A passenger opening the door does not end the investigation into the driver's conduct. Drivers and passengers must look for approaching bicyclists before opening a door.

Read our discussion of Uber and Lyft doorings on IllinoisBicycleLaw.com for more about the dangers of using bike lanes for passenger pickups and drop-offs.

Who can be held responsible after a rideshare crash

The investigation starts with how the collision happened. A rideshare driver who failed to yield, another driver who disregarded a traffic signal, or a passenger who opened a door unsafely may have caused or contributed to the injury. More than one person may share responsibility.

We also investigate the rideshare company's responsibility. Depending on the facts and applicable law, claims may involve the company's own negligent conduct or its legal relationship with the driver. Access to a rideshare insurance policy and a claim against the company are separate questions. Neither should be resolved by simply accepting the company's description of itself or the driver's work.

Which insurance applies after an Uber or Lyft crash

The driver's app status helps identify the required insurance under 625 ILCS 57/10:

• App off: Investigate the driver's personal automobile coverage and any other applicable policies.
• Logged in and awaiting a request: Minimum liability limits are $50,000 per person, $100,000 per incident, and $25,000 for property damage.
• Ride accepted through trip completion: Required primary liability coverage is $1 million combined for death, injury, and property damage.

Uber and Lyft have additional insurance for their companies well beyond these published limits for their drivers.

Passenger uninsured and underinsured motorist coverage must also be examined when an at-fault driver has no insurance or insufficient coverage. The crash date, statutory requirements, and policy language matter. A liability limit is the available coverage limit under that policy, not a promise of a settlement in that amount.

We seek app activity, trip records, and available electronic data to establish the driver's status at the time of impact. A driver who was waiting for a request may still have rideshare coverage even though no passenger was in the vehicle.

What compensation can an injured person recover?

A serious crash can mean surgery, rehabilitation, and months away from work. Some injuries permanently change a person's ability to ride a bicycle, care for family, or do the things that made up everyday life before the collision.

A claim may include past and reasonably necessary future medical expenses, lost earnings, reduced earning capacity, pain and suffering, disfigurement, and loss of a normal life when supported by the evidence. A fatal collision may also give rise to wrongful death and survival claims. We document the losses particular to the person and family involved.

How fault affects an Illinois rideshare claim

Illinois generally permits recovery when an injured person's share of fault is 50 percent or less, with damages reduced by that percentage. A person found more than 50 percent at fault generally cannot recover in a negligence action.

An insurance company's accusation is not a finding of fault. Video, witness testimony, vehicle damage, app records, and crash reconstruction can establish what actually happened. A bicyclist should not accept blame simply because an adjuster says the rider should have avoided a door or an illegally stopped vehicle.

What to do after a rideshare accident

• Get medical help and call 911 when someone is injured or immediate assistance is needed.
• Report the crash to police and obtain the driver's identity, insurance information, and witness contact information when safely possible.
• Photograph the scene, vehicle positions, bike lanes, damage, and visible injuries.
• Preserve ride receipts, driver details, app messages, and trip screenshots. Keep a damaged bicycle or other equipment available for inspection.
• Report the incident to the rideshare company and appropriate insurers, preserving copies. Meet applicable reporting and cooperation obligations.

Consult an attorney before accepting a settlement or giving an opposing insurer a recorded statement. Nearby surveillance video may be overwritten quickly, and company records may require a preservation demand.

How long do you have to bring a claim?

Most Illinois personal injury lawsuits must be filed within two years, but exceptions and shorter deadlines can apply. It is important to discuss this with a lawyer, especially if the claim involves a minor or a disabled person. The filing deadline is different from the time needed to investigate. Early legal help can protect evidence long before a lawsuit is due.

What happens if a lawsuit is necessary

A Chicago rideshare lawsuit may be filed in the Circuit Court of Cook County when venue is proper. The appropriate division depends on the case. After filing, the parties exchange evidence and take depositions. If the dispute does not settle, a judge or jury decides the issues presented at trial.

Speak with a Chicago rideshare accident lawyer

Keating Law Offices represents people injured in Chicago and throughout Illinois. We investigate what happened, identify the responsible parties and applicable insurance, and pursue compensation supported by the evidence. If an insurance company will not resolve the case fairly, our trial attorneys are prepared to take the case to court.

Contact Keating Law Offices for a free consultation with no obligation. There is no attorney fee unless we recover compensation for you. Case costs and other terms are explained in the representation agreement.