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Aurora, IL Uber Accident Lawyer
Aurora, Illinois is a fast-growing city with a lot going on. From the Fox River waterfront to the busy corridors of Route 59 and I-88, people rely on Uber every day to get around. Whether you’re heading to a Cubs game at Wrigley Field, catching a flight out of O’Hare, or just running errands near the Chicago Premium Outlets in Aurora, rideshare rides have become part of daily life. But what happens when your Uber ride ends in a crash? If you or someone you love was hurt in an Uber accident in the Aurora area, you need to understand your rights, and you need a team that knows how to fight for you.
Table of Contents
- Why Uber Accidents in Aurora Are More Common Than You Think
- Illinois Law and Uber Insurance Coverage: What You Need to Know
- Who Can Be Held Liable in an Aurora Uber Accident?
- Steps to Take After an Uber Accident in Aurora
- Illinois Deadlines and Wrongful Death Claims in Uber Accidents
- FAQs About Aurora, IL Uber Accident Claims
Why Uber Accidents in Aurora Are More Common Than You Think
Uber is everywhere in the greater Chicago area, including Aurora and the surrounding suburbs. One-third of rideshare drivers surveyed in a University of Illinois Chicago study reported being involved in a crash while working, with cellphone use, driving while tired, and driving on unfamiliar roads increasing the likelihood of a crash. That is a serious number, and it reflects what many accident victims in the Aurora area experience firsthand.
Think about the busy roads in and around Aurora. Routes like Farnsworth Avenue, New York Street, and the I-88 interchange see heavy traffic every day. Uber drivers are constantly checking their apps, accepting new rides, and following GPS directions through areas they may not know well. Rideshare drivers are often distracted by their phones, as they rely on apps to receive ride requests, navigate routes, and communicate with passengers. According to the National Highway Traffic Safety Administration (NHTSA), distracted driving is a leading cause of accidents in the U.S., and the nature of rideshare driving increases the likelihood of distractions.
Fatigue is another major problem. Uber and Lyft drivers frequently work long hours to maximize their income, leading to fatigue. Fatigued driving is a serious problem, as tired drivers may have slower reaction times and impaired judgment, increasing the likelihood of a crash. Many Uber drivers in the Aurora area work late nights, picking up passengers near downtown Aurora, the Metra station on Galena Boulevard, or popular venues along New York Street. Long shifts and late hours are a dangerous combination.
If you were injured as a passenger, a pedestrian, or another driver, you have legal options. The first step is connecting with a qualified Chicago abogado de lesiones personales who understands how rideshare accident claims work in Illinois.
Illinois Law and Uber Insurance Coverage: What You Need to Know
One of the most confusing parts of an Uber accident claim is figuring out whose insurance applies. Illinois has specific rules that govern this, and understanding them can make a real difference in your case.
The Illinois Transportation Network Providers Act went into effect in 2015 to set statewide basic requirements for ridesharing companies and drivers in terms of insurance. The bill applies to ridesharing services, known as Transportation Network Companies (TNC), like Uber and Lyft. A TNC is any company that uses a digital platform to connect passengers with ride services provided by TNC drivers who use their own vehicles.
The law creates different coverage periods based on what the driver was doing at the time of the crash. When a TNC driver is logged on to the app but has not yet accepted a passenger request, automobile liability insurance must be in the amount of at least $50,000 for death and personal injury per person, $100,000 for death and personal injury per incident, and $25,000 for property damage. Once the driver accepts a ride and picks up a passenger, the coverage jumps significantly. Automobile liability insurance during an active ride is primary and in the amount of $1,000,000 for death, personal injury, and property damage, and must also provide for uninsured motorist coverage and underinsured motorist coverage in the amount of $50,000 from the moment a passenger enters the vehicle until the passenger exits the vehicle.
Here is the catch, though. It is not uncommon for personal auto policies to exclude coverage for livery or receiving compensation for driving. As a result, a TNC driver’s personal auto insurance policy may not provide coverage when the driver is using his car to transport people in a ride-sharing arrangement for a fee. This gap in coverage is exactly why having an experienced Uber Accident attorney in your corner matters so much.
Who Can Be Held Liable in an Aurora Uber Accident?
Liability in a rideshare accident is rarely simple. Multiple parties may share responsibility, and Illinois law gives you tools to pursue all of them. Under Illinois Joint and Several Liability law (735 ILCS 5/2-1117), all defendants found liable in a negligence case are jointly and severally liable for a plaintiff’s past and future medical and medically related expenses. Any defendant whose fault is 25% or greater of the total fault is jointly and severally liable for all other damages as well. This means that if multiple parties are responsible for your crash, you may be able to recover full compensation from any one of them.
So who might be responsible in your Aurora Uber accident? The Uber driver could be liable if they were speeding, distracted, or fatigued. Uber itself could face liability if it failed to properly screen the driver. Everyone who applies to be a rideshare driver in Illinois must provide certain personal information for a background check. The Illinois Transportation Network Providers Act imposes additional safety requirements. Drivers who do not have a valid driver’s license or are under the age of 19 do not qualify. Drivers with three or more moving violations or one major violation during the last three years cannot become a rideshare driver, and those who are registered sex offenders or have criminal convictions within the past seven years are also ineligible. If Uber ignored these rules, it may bear direct responsibility.
A third-party driver who caused the collision could also be liable. Even the city of Aurora or Kane County could potentially share responsibility if a dangerous road condition, like a broken traffic signal or poorly marked intersection, contributed to the crash. Your Chicago Uber accident attorney will investigate every angle to identify all responsible parties.
Steps to Take After an Uber Accident in Aurora
What you do in the hours and days after an Uber crash can directly affect the outcome of your case. Here is what you should do.
First, call 911 right away. Under Illinois accident reporting law (625 ILCS 5/11-401), the driver of any vehicle involved in a crash resulting in personal injury or death must immediately stop at the scene and remain there until all legal requirements are fulfilled. A police report creates an official record of the crash, and that record becomes a key piece of evidence in your claim.
Seek medical attention immediately, even if you feel okay. Some injuries, like whiplash, traumatic brain injuries, and internal damage, do not show symptoms right away. Getting checked out protects your health and creates a medical record that connects your injuries to the accident. Document everything you can. Take photos of the vehicles, the road, any visible injuries, and the surrounding area. If you are near a landmark like the Fox Valley Mall or a well-known Aurora intersection, note that location in your records.
Report the accident through the Uber app. Do not give a recorded statement to any insurance company before speaking with an attorney. Insurance adjusters work to protect the company’s interests, not yours. Contact Briskman Briskman & Greenberg as soon as possible so we can begin building your case while the evidence is fresh. Our team handles cases throughout the Chicago area, including Aurora, and we are ready to help you understand your options. We also serve clients in other nearby communities, so if you need a Mundelein car accident lawyer or an Oak Lawn car accident lawyer, we are there for you too.
Illinois Deadlines and Wrongful Death Claims in Uber Accidents
Time is a critical factor in any personal injury case. Illinois law (735 ILCS 5/13-202) gives injured victims two years from the date of the accident to file a personal injury lawsuit. If you miss this deadline, you lose your right to seek compensation, no matter how strong your case is. Two years may sound like plenty of time, but investigations take time, medical treatment continues for months, and building a solid case requires careful preparation. Do not wait.
If a loved one was killed in an Uber crash, Illinois law still protects your family. Under the Illinois Wrongful Death Act (740 ILCS 180/1), when a person’s death is caused by a wrongful act or neglect, the party responsible for that act is liable for damages, including punitive damages when applicable, even though the victim has died. Surviving family members can pursue compensation for their loss, including lost financial support, loss of companionship, and funeral expenses.
These cases are emotionally painful and legally complex. Briskman Briskman & Greenberg handles wrongful death claims with the care and dedication your family deserves. Our attorneys understand what Aurora families face when tragedy strikes on the road, whether it happens on Route 59, near the Metra BNSF line, or anywhere in the Chicago metropolitan area. We encourage you to reach out to our team to discuss your situation. You can also learn more about what to expect from our Uber Accident lawyer resources available on our website.
FAQs About Aurora, IL Uber Accident Claims
Can I sue Uber directly if their driver caused my accident in Aurora?
You may be able to bring a claim against Uber depending on the circumstances of your crash. Uber classifies its drivers as independent contractors, which can limit direct liability. However, if Uber failed to properly screen the driver, or if the driver was actively on a trip when the crash happened, there are strong arguments for holding Uber’s insurance accountable. Illinois law requires Uber to carry up to $1,000,000 in liability coverage during an active ride. An attorney can review the facts of your case and tell you who the proper defendants are.
What if I was a pedestrian or cyclist hit by an Uber driver in Aurora?
You have the same right to compensation as a passenger would. If an Uber driver struck you while you were walking near Riverfront Park, crossing a street in downtown Aurora, or riding your bike along the Fox River Trail, you can file a claim against the driver and potentially against Uber’s insurance policy. The coverage available depends on whether the driver had a passenger, was en route to pick someone up, or was simply logged into the app. Gathering evidence quickly is important, so contact an attorney as soon as possible after the crash.
How long will my Uber accident case take to resolve?
Every case is different. Some claims settle within a few months after a thorough investigation and negotiation with the insurance company. Others take longer, especially if liability is disputed or your injuries require extended medical treatment. It is generally wise to wait until you have a clear picture of your medical expenses and long-term prognosis before settling. Settling too early can leave you without enough money to cover future medical costs. Your attorney will guide you through the timeline and help you make informed decisions at every stage.
What damages can I recover after an Uber accident in Illinois?
Illinois law allows injured victims to seek compensation for a wide range of losses. These include past and future medical bills, lost wages if you missed work due to your injuries, pain and suffering, emotional distress, and loss of enjoyment of life. In cases involving serious permanent injuries, future care costs and loss of earning capacity may also be included. If the driver’s conduct was especially reckless, punitive damages may be available in some circumstances. An attorney will assess your case and help you understand what your claim may be worth.
Do I need a lawyer if Uber’s insurance company offers me a quick settlement?
You should absolutely speak with an attorney before accepting any settlement offer. Insurance companies often make early offers that sound reasonable but fall far short of what your claim is actually worth. Once you accept a settlement, you typically give up your right to seek any additional compensation, even if your injuries turn out to be more serious than initially thought. A lawyer can evaluate the offer, compare it to the full value of your damages, and negotiate for a better result. At Briskman Briskman & Greenberg, we offer free consultations so you can get honest answers with no obligation.
More Resources About Vehicle Injuries
- Dangerous Roads & Intersections in Aurora, IL
- Aurora, IL Bicycle Accident Lawyer
- Aurora, IL Car Accident Lawyer
- Aurora, IL Distracted Driving Accident Lawyer
- Aurora, IL Drunk Driving Accident Lawyer
- Aurora, IL Fatal Car Accident Lawyer
- Aurora, IL Motorcycle Accident Lawyer
- Aurora, IL Pedestrian Accident Lawyer
- Aurora, IL Truck Accident Attorney
- Aurora, IL Lyft Accident Lawyer
- Aurora, IL Uninsured Motorist Accident Lawyer
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