Schaumburg Rideshare Accident Lawyer

Vito & Dollenmaier Law Team

In Schaumburg, accidents involving rideshare services have become increasingly common. These affordable alternatives to taxis are a favorite among tourists visiting one of the area’s many theme parks and attractions, but using rideshares such as Uber and Lyft comes with certain risks. These are not professionally trained or commercially certified drivers. They’re people like you using their vehicles to make some extra cash.

In rideshare accident cases, dealing with insurance companies, understanding liability, and recovering the compensation you deserve are complicated due to the specific safety and insurance laws applicable to Illinois Uber and Lyft accidents.

As experienced Schaumburg rideshare accident attorneys, the legal team at Vito & Dollenmaier Law has the knowledge needed to guide you through the legal process and fight for your right to financial compensation. If you suffered an injury by an Uber or Lyft driver – whether as a passenger or in another vehicle – contact us today at (224) 539-8821 or online to schedule a free rideshare accident consultation.

get your free consultation

Table of Contents

What Qualifies as a ‘Rideshare’ in Schaumburg?

Litigator of the yearRideshare services, such as Uber and Lyft, have transformed the transportation industry in Schaumburg. These services allow passengers to request a ride through a mobile app, and then a driver picks them up and transports them to their destination using their vehicle. To qualify to provide rideshare services in Schaumburg, drivers must be affiliated with a rideshare company, registered under the Illinois Transportation Network Providers Act, and meet the requirements set by the company they are driving for. Not all drivers with a passenger in their car are considered rideshare drivers, nor are qualified taxi, bus, or limo drivers. Only drivers affiliated with a registered rideshare service in Illinois fall into this category.

Uber and Lyft’s Driver and Vehicle Safety Requirements

Although considered transportation network companies (TNCs) that provide a digital service connecting drivers and passengers, Uber and Lyft have established certain safety requirements for network drivers and their vehicles. These requirements encompass driver qualifications, vehicle inspections, and driver background checks. An experienced attorney can help hold the TNC directly liable for your injuries if a rideshare accident resulted from a safety violation or mechanical failure.

To become an Uber or Lyft driver, individuals must generally meet the following criteria:

  • Possess a valid driver’s license
  • Be at least 21 years old
  • Have at least one year of licensed driving experience
  • Provide proof of personal auto insurance
  • Undergo yearly criminal and traffic background checks

Not only are drivers subject to background checks, but their vehicles must also meet specific safety standards. Both Uber and Lyft have requirements for vehicle inspection and upkeep. These include having the following:

  • A clean and undamaged vehicle exterior
  • Functional seat belts for all passengers
  • Proper maintenance of essential components such as brakes and tires

Illinois law is particularly stringent when it comes to rideshare safety. In addition to the requirements set by Uber and Lyft, the state mandates additional safety measures. For example, rideshare drivers in Illinois must have a valid vehicle inspection within the past 12 months, confirming that their vehicle meets all safety standards. This inspection covers essential aspects of the vehicle, such as brakes, lights, and tires, better safeguarding drivers and passengers.

Our experienced rideshare accident attorneys will thoroughly investigate the driver’s background, including his or her accident history, to ensure compliance with all safety standards under state law and TNC regulations. If you believe a safety violation contributed to an Uber or Lyft accident in Schaumburg, contact us immediately.

Common Types of Rideshare Accidents

Top 40Rideshare crashes do not physically differ from traditional motor vehicle collisions. A fender bender is a fender bender. However, there are substantial legal differences. Private auto insurance does not cover personal vehicles being used for commercial purposes. As such, there are four main types of Uber and Lyft accidents for insurance purposes:

Accidents with Lawful Rideshare Passengers

Accidents often happen while the rideshare driver is transporting a passenger. The rideshare company’s $1,000,000 liability insurance generally covers injuries occurring if a negligent Lyft or Uber driver was transporting a passenger when the accident occurred. It provides the highest level of coverage in rideshare accidents.

Accidents while Picking Up a Passenger

Collisions with Uber and Lyft can also occur when the driver is in the process of picking up a passenger. This means the driver accepted the request for a ride and is en route to the passenger’s location but does not have the passenger in the car. Different insurance minimums might apply to crashes occurring at this stage of a rideshare.

Online Accidents

Online accidents refer to situations where the rideshare driver is actively using the rideshare app but does not have a passenger in the car or a ride request. Generally, it means drivers are in parking lots or driving around busy areas such as Legoland or Water Works waiting for someone to request a ride. Because the driver is still actively using the vehicle for commercial purposes, the vehicle owner’s private insurance coverage does not apply. Instead, special rideshare insurance provides more limited liability coverage.

Offline Accidents

Offline accidents occur when the rideshare driver is using a personal vehicle for personal reasons unrelated to rideshare activities. These accidents are treated like traditional car accidents, and standard insurance laws apply. Just because a vehicle is a registered Uber or Lyft does not mean you were involved in a ‘rideshare accident’ under state law. The driver must be actively engaged with the platform to obtain damages in a lawsuit against the rideshare company.

Our experienced rideshare liability attorneys will request digital logs from the Uber or Lyft app to determine which type of insurance coverage applies to your accident.

Injuries Commonly Sustained in Schaumburg Uber and Lyft Crashes

Rideshare accident injuries do not differ from those seen in traditional motor vehicle accidents. As such, some personal injuries we see after the Schaumburg Uber and Lyft crashes include:

  • Whiplash: Whiplash is a neck injury caused by a sudden jerking motion commonly associated with rear-end collisions. It can be extremely painful and may result in lost earnings.
  • Head and Traumatic Brain Injuries: Depending on the severity of the accident, head injuries can range from minor concussions to more severe traumatic brain injuries.
  • Spinal Cord Injuries: Rideshare accidents can cause damage to the spinal cord, leading to partial or complete paralysis and herniated discs. These injuries are often disabling.
  • Broken Bones: The force of impact in an accident can lead to broken bones, fractures, and other bone-related injuries.
  • Soft Tissue Injuries: Soft tissue injuries include sprains, strains, and other damage to muscles, ligaments, and tendons. Though seemingly minor, they may result in substantial lost earnings and rehabilitation expenses.
  • Internal Injuries: The impact of a rideshare accident can cause internal injuries, such as organ damage or internal bleeding, especially to innocent pedestrians and cyclists.

If you suffered an injury in a rideshare accident, discuss your claims with our dedicated personal injury attorneys. We can hold the negligent rideshare driver, TNC, and any other involved drivers liable for your damages, including medical expenses, lost earnings, and pain and suffering.

The Unique Employment Structure Used by Rideshare Companies

Rideshare companies like Uber and Lyft utilize a unique employment structure that distinguishes their drivers as independent contractors rather than employees. This classification affects the liability and legal responsibilities of rideshare companies in the event of an accident. Rideshare drivers typically use their vehicles to transport passengers, which adds another layer of complexity when determining liability. Additionally, traditional vicarious liability laws may not always apply in rideshare accidents, making it challenging to hold the rideshare company accountable. These complicated liability matters led Illinois to pass the Transportation Network Providers Act, which specifically applies to these unique rideshare accidents.

Understanding the Illinois Transportation Network Providers Act

Multi-Million Dollar Advocates ForumThe Illinois Transportation Network Providers Act (ITNPA) is the regulatory framework that governs rideshare services in Schaumburg and throughout Illinois. It establishes specific requirements for rideshare drivers, companies, and insurance coverage. This act was put in place to ensure that rideshare companies operating in Illinois are adequately insured to protect their passengers and other drivers in the event of an accident. Under the ITNPA, rideshare drivers have certain insurance coverage based on the specific stage of their rideshare activities.

Waiting for a Ride

When drivers are online but not actively providing services, rideshare companies are required to maintain liability insurance coverage of at least $50,000 per person for bodily injury, $100,000 per incident for bodily injury, and $25,000 per incident for property damage. This insurance coverage extends to passengers and third parties involved in the accident. In addition to liability insurance, rideshare companies are also required to provide uninsured and underinsured motorist coverage of at least $50,000 per person and $100,000 per incident for bodily injuries.

Engaged with the Network & Transporting a Passenger

Once the driver accepts a ride request or has picked up the passenger, higher coverage limits come into effect. The TNC must provide the driver with at least $1,000,000 in bodily injury liability insurance to cover any personal injuries, property damage, or deaths to passengers or third parties that occur during the rideshare. However, this insurance does not guarantee coverage. Injured claimants must still show that the Uber or Lyft driver acted negligently and caused the accident and resulting injuries.

Holding TNCs or Third Parties Directly Liable for the Accident

In some cases, our dedicated Schaumburg rideshare accident investigators may uncover evidence of third-party liability for the accident. It may mean obtaining compensation from other negligent drivers or going after the TNC for negligence. If evidence indicates that the driver should not have been operating the vehicle under the rideshare company’s policies or state law, we might hold the TNC directly liable for your injuries. We may help our clients obtain compensation from the rideshare company’s insurance policy in addition to other insurance coverage that may apply to the accident, such as auto insurance.

Why You Need an Experienced Schaumburg Rideshare Accident Lawyer

Dealing with the aftermath of a Lyft or Uber accident can be overwhelming, especially due to the legal complexities that apply in these cases. Insurance companies may minimize your claim by slotting you into the wrong coverage category and determining liability can be challenging. You should hire an experienced Schaumburg rideshare accident attorney from Vito & Dollenmaier Law who can:

  • Joseph V. Vito
    Joseph V. Vito, Schaumburg Rideshare Accident Lawyer

    Investigate the Accident: Our skilled personal injury attorneys will gather evidence, assess the accident scene, review police reports, and interview witnesses to build a strong case. We will also immediately request digital records from the relevant TNC app to determine available insurance coverage.

  • Determine Liability: Identifying who is at fault for a rideshare accident is still necessary to obtain compensation after Uber or Lyft crashes. Our knowledgeable rideshare accident team will fight incorrect insurance liability determinations and work to obtain needed damages for innocent passengers.
  • Negotiate with Insurance Companies: Your lawyer will communicate with insurance companies on your behalf, ensuring that your rights are protected and that you receive fair compensation for your injuries and damages. Uber and Lyft’s high-value insurance policy means that teams of dedicated defense attorneys will be fighting to minimize your settlement.
  • Pursue Legal Action: If a fair settlement cannot be reached through negotiations, your lawyer will be prepared to take your case to court and advocate for your rights before a judge and jury.

By hiring a skilled Schaumburg rideshare accident lawyer, you can focus on your recovery while knowing that your legal matters are being handled by professionals who work for you, not insurance providers.

Contact Our Schaumburg Rideshare Accident Lawyers Today

If you or a loved one suffered an injury in a Schaumburg Uber or Lyft accident, contact the experienced rideshare accident injury team at Vito & Dollenmaier Law. Our dedicated Schaumburg personal injury lawyers have the specific knowledge and experience to guide you through complicated rideshare insurance laws and fight for the compensation you deserve. Schedule a free consultation with our Schaumburg rideshare crash attorneys today by calling (224) 539-8821 or connecting with us online.

Practice Areas