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Bolingbrook Uber Accident Lawyer
Bolingbrook is a busy suburb in Will County, sitting right at the crossroads of I-55 and I-355. Thousands of Uber rides happen here every week, from trips to The Promenade Bolingbrook to rides heading up to Chicago’s Loop, O’Hare, or Midway Airport. Most of those rides go smoothly. But when one doesn’t, and you get hurt, the road to fair compensation can be confusing. Who pays? Is it the driver’s insurance? Uber’s policy? Both? If you were hurt in an Uber accident in or around Bolingbrook, you need answers fast, and you need a lawyer who knows Illinois law. That’s where Briskman Briskman & Greenberg comes in. As an experienced Chicago abogado de lesiones personales team, we help injured riders, drivers, and bystanders get the compensation they deserve after rideshare crashes.
Table of Contents
- Why Uber Accidents in Bolingbrook Are More Complex Than Regular Car Crashes
- Illinois Laws That Protect Uber Accident Victims in Bolingbrook
- Who Can Be Held Liable After a Bolingbrook Uber Crash?
- What to Do After an Uber Accident in Bolingbrook
- What Compensation Can You Recover After a Bolingbrook Uber Accident?
- FAQs About Bolingbrook Uber Accident Claims
Why Uber Accidents in Bolingbrook Are More Complex Than Regular Car Crashes
A standard two-car crash is straightforward enough. You exchange insurance information, file a claim, and work toward a settlement. An Uber accident is a different situation entirely. Multiple parties can share liability, and multiple insurance policies may apply, depending on what the driver was doing at the exact moment of the crash.
The Illinois Transportation Network Providers Act went into effect in 2015 to set statewide requirements for ridesharing companies and drivers covering insurance, safety standards, and driver qualifications. The law applies to Transportation Network Companies (TNCs) like Uber and Lyft. Under this law, the insurance coverage that applies to your accident depends heavily on the “period” the driver was in when the crash happened.
Illinois rideshare drivers must meet two different sets of insurance requirements. When drivers are logged into the ridesharing app and working but do not have passengers, they must carry liability insurance of at least a certain minimum amount. When the driver is en route to pick up a passenger or is actively transporting one, higher coverage limits kick in. During a prearranged ride, the law generally requires a minimum of $1,000,000 in liability coverage for death, bodily injury, and property damage.
Think about a ride that starts near Weber Road in Bolingbrook and heads north on I-55 toward downtown Chicago. If the Uber driver rear-ends another car while the passenger is in the vehicle, Uber’s $1 million policy is in play. But if the crash happens while the driver is just waiting for a ride request near The Promenade, the coverage picture looks very different. These distinctions matter enormously when you’re trying to recover compensation for your injuries. An Uber Accident attorney who understands the ITNPA can identify which policy applies and hold the right parties accountable.
Illinois Laws That Protect Uber Accident Victims in Bolingbrook
Illinois has several important laws that directly affect your Uber accident claim. Understanding them can help you see why acting quickly and working with a knowledgeable attorney matters so much.
First, there’s the statute of limitations. Under 735 ILCS 5/13-202, you have two years from the date of your injury to file a personal injury lawsuit in Illinois. Missing that deadline almost certainly means losing your right to sue. Two years can pass faster than you think, especially when you’re focused on recovering from serious injuries.
Second, Illinois follows a modified comparative fault rule under 735 ILCS 5/2-1116. This means that if you share some of the blame for the accident, your compensation is reduced by your percentage of fault. However, you can still recover damages as long as your fault is 50% or less. If a jury finds you 20% at fault, for example, your damages are reduced by 20%. Insurance companies sometimes try to inflate your share of fault to reduce what they owe you. That’s a tactic an experienced attorney can counter.
Third, under 735 ILCS 5/2-1117, all defendants found liable are jointly and severally liable for your past and future medical 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 matters in Uber crashes where both the driver and possibly Uber itself are found liable.
Finally, under 625 ILCS 5/11-401, any driver involved in a crash causing personal injury must stop immediately and remain at the scene. If your Uber driver fled the scene, that’s a serious criminal offense in Illinois, and it strengthens your civil claim. Contact Briskman Briskman & Greenberg right away if this happened to you.
Who Can Be Held Liable After a Bolingbrook Uber Crash?
One of the most important questions after any Uber accident is: who is responsible? The answer is often more than one party. Identifying every liable party is critical to maximizing your compensation, and it’s one of the most valuable things a Chicago Uber accident attorney can do for you.
The Uber driver is often the first party to look at. If the driver was speeding on Boughton Road, running a red light near the I-55 and Route 53 interchange, or distracted by the Uber app itself, they may be liable for negligence. Drivers have a duty to operate their vehicles safely, and when they breach that duty and cause an injury, they can be held accountable.
Uber itself can also face liability in certain situations. Rideshare companies like Uber have historically classified their drivers as independent contractors, not employees. This distinction is significant because companies are generally less likely to be held vicariously liable for the negligence of independent contractors compared to employees. However, Uber’s own insurance policy still provides coverage during active trips, and there are ongoing legal arguments about the extent of Uber’s direct responsibility.
A third driver who caused or contributed to the crash is another potential defendant. For example, if a driver ran a stop sign on Remington Boulevard and hit your Uber, that driver’s insurance is a primary source of recovery. The Illinois Transportation Network Providers Act requires TNCs to carry uninsured and underinsured motorist (UM/UIM) coverage. As a passenger, you can make a claim under this UM/UIM portion of the rideshare company’s policy if the at-fault third-party driver cannot cover your losses. This layered coverage system is exactly why having a skilled attorney in your corner makes such a difference.
Other parties, like vehicle manufacturers (if a defect contributed to the crash) or even a government entity responsible for a dangerous road condition, may also share liability. The team at Briskman Briskman & Greenberg investigates every angle so nothing is overlooked.
What to Do After an Uber Accident in Bolingbrook
The steps you take right after an Uber crash can have a major impact on your claim. Here’s what to do to protect yourself and your right to compensation.
Call 911 immediately. Get police and medical help to the scene. A police report creates an official record of the crash, which is valuable evidence. Under 625 ILCS 5/11-401, any crash involving personal injury requires the driver to stop and remain at the scene. Make sure law enforcement documents that your Uber driver complied with this requirement or note if they didn’t.
Get medical attention right away, even if you feel okay. Some injuries, like whiplash, internal bleeding, or traumatic brain injuries, don’t show obvious symptoms immediately. Delaying medical care can also give the insurance company a reason to argue your injuries aren’t serious. Seek treatment at a nearby emergency room or urgent care facility, and keep all your medical records and bills.
Take photos and videos at the scene. Document the vehicle damage, road conditions, traffic signals, skid marks, and your visible injuries. Note the exact location, whether that’s a stretch of Weber Road, an on-ramp to I-355, or a parking lot near The Promenade. Gather contact information from witnesses. Take a screenshot of your Uber app showing your trip details and driver information.
Report the crash to Uber through the app. This creates a record with the company. However, be careful about what you say to Uber’s insurance representatives. Their job is to protect Uber’s interests, not yours. Before you give any recorded statements or sign anything, talk to a lawyer. You can also review Uber Accident lawyer tips to understand your rights as a rideshare passenger.
Contact Briskman Briskman & Greenberg as soon as possible. The sooner we get involved, the better positioned we are to preserve evidence, identify liable parties, and build a strong case on your behalf.
What Compensation Can You Recover After a Bolingbrook Uber Accident?
If you were hurt in an Uber accident in Bolingbrook or anywhere in the greater Chicago area, you may be entitled to significant compensation. The amount depends on the severity of your injuries, the facts of the crash, and who is found liable. Here’s a breakdown of what you can potentially recover.
Medical expenses are typically the largest component of any personal injury claim. This includes emergency room visits, surgeries, hospital stays, physical therapy, prescription medications, and any future medical care you’ll need because of your injuries. Under Illinois law, all liable defendants are jointly and severally liable for your past and future medical and medically related expenses, as outlined in 735 ILCS 5/2-1117. That means you don’t have to worry about one defendant being unable to pay their share of your medical bills.
Lost wages are another major category. If your injuries kept you from working, you can recover the income you lost during your recovery. If your injuries are permanent and affect your ability to earn in the future, you can also claim lost earning capacity.
Pain and suffering damages compensate you for the physical pain and emotional distress caused by the accident and your injuries. These are harder to quantify than medical bills, but they are very real, and Illinois law allows you to recover them. Anxiety, depression, loss of enjoyment of life, and post-traumatic stress are all factors that can be included.
In cases where a loved one was killed in an Uber accident, Illinois’ Wrongful Death Act (740 ILCS 180/1) allows surviving family members to pursue a claim. The law provides that when a death is caused by a wrongful act or negligence, the responsible party is liable for damages, including punitive damages where applicable.
If you were injured near Bolingbrook but the accident involved a driver from a neighboring area, our team handles cases across the region. We also serve clients as a Mundelein car accident lawyer and as an Oak Lawn car accident lawyer, so no matter where your crash happened in the Chicago area, Briskman Briskman & Greenberg is ready to help.
Call us today for a free consultation. There are no upfront fees, and we only get paid if you do. Let us fight for the full compensation you deserve while you focus on healing.
FAQs About Bolingbrook Uber Accident Claims
How long do I have to file an Uber accident lawsuit in Illinois?
Under 735 ILCS 5/13-202, you generally have two years from the date of your injury to file a personal injury lawsuit in Illinois. If you miss this deadline, you will almost certainly lose your right to sue. Don’t wait to speak with an attorney. The sooner you contact Briskman Briskman & Greenberg, the sooner we can start protecting your rights and building your case.
Does Uber’s insurance cover me as a passenger in a crash?
Yes, if you were a passenger in an Uber at the time of the crash, Uber’s $1 million liability policy is in effect. This coverage applies from the moment the driver accepts your ride request until you exit the vehicle. Illinois law under the Transportation Network Providers Act requires this level of coverage during active trips. If the at-fault driver was someone other than your Uber driver and that driver is uninsured or underinsured, you can also make a claim under Uber’s UM/UIM coverage.
What if I was hit by an Uber driver while driving my own car?
If an Uber driver hit you while transporting a passenger, Uber’s $1 million commercial liability policy applies and can cover your injuries and damages. If the driver was logged into the app but had no passenger, a lower coverage tier applies, with minimums of $50,000 per person, $100,000 per incident, and $25,000 for property damage under Illinois law. Either way, you have the right to pursue a claim. Contact Briskman Briskman & Greenberg to review the specific facts of your case.
Can I still recover compensation if I was partly at fault for the Uber crash?
Yes, in most cases. Illinois follows a modified comparative fault rule under 735 ILCS 5/2-1116. You can still recover damages as long as your share of fault is 50% or less. Your total compensation will be reduced by your percentage of fault. For example, if you are found 15% at fault and your damages total $100,000, you would recover $85,000. Insurance companies often try to push your fault percentage higher to reduce their payout, which is one reason having an attorney on your side is so important.
What if the Uber driver fled the scene of the accident in Bolingbrook?
Leaving the scene of an accident involving personal injury is a serious crime in Illinois under 625 ILCS 5/11-401. Any driver who fails to stop and remain at the scene is guilty of a Class 4 felony, and the Secretary of State must revoke their driving privileges upon conviction. If your Uber driver fled, report it to police immediately and document everything you can remember about the driver and vehicle. You can still pursue compensation through Uber’s insurance policy and potentially through uninsured motorist coverage. Call Briskman Briskman & Greenberg right away so we can act quickly to preserve evidence.
More Resources About Vehicle Injuries
- Dangerous Roads & Intersections in Bolingbrook
- Bolingbrook Bicycle Accident Lawyer
- Bolingbrook Car Accident Lawyer
- Bolingbrook Distracted Driving Accident Lawyer
- Bolingbrook Drunk Driving Accident Lawyer
- Bolingbrook Fatal Car Accident Lawyer
- Bolingbrook Motorcycle Accident Lawyer
- Bolingbrook Pedestrian Accident Lawyer
- Bolingbrook Truck Accident Attorney
- Bolingbrook Lyft Accident Lawyer
- Bolingbrook Uninsured Motorist Accident Lawyer
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