Des Plaines Uber Accident Lawyer

Uber rides are part of everyday life in the Chicago suburbs. Whether you’re heading to O’Hare International Airport from Des Plaines, catching a ride along Mannheim Road, or getting dropped off near the Maryhill Cemetery area on Dempster Street, rideshare vehicles are everywhere. But what happens when that ride ends in a crash? If you or someone you love was hurt in an Uber accident in or around Des Plaines, you have legal rights under Illinois law, and those rights matter. A Chicago personal injury lawyer at Briskman Briskman & Greenberg can help you understand your options and fight for the compensation you deserve.

Table of Contents

• Why Uber Accidents in Des Plaines Are More Common Than You Think
• Understanding Illinois Law and Uber Insurance Coverage
• Who Can Be Held Liable After a Des Plaines Uber Crash?
• What to Do Right After an Uber Accident in Des Plaines
• What Damages Can You Recover in an Illinois Uber Accident Case?
• FAQs About Des Plaines Uber Accident Claims

Why Uber Accidents in Des Plaines Are More Common Than You Think

Des Plaines sits right at the edge of one of the busiest transportation corridors in the country. With O’Hare International Airport just minutes away, rideshare traffic on roads like Lee Street, Oakton Street, and the I-294 Tri-State Tollway is constant. Uber drivers in this area are often rushing between airport pickups, navigating unfamiliar side streets, and checking their apps while driving. That combination creates real danger for passengers, pedestrians, and other drivers.

A study by University of Illinois Chicago researchers found that one-third of rideshare drivers surveyed reported being involved in a crash while working. Using a cellphone, driving while tired, or driving on unfamiliar roads increased the likelihood of a crash. Think about how often an Uber driver in Des Plaines is doing all three of those things at once, especially during a late-night airport run.

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. The nature of rideshare driving increases the likelihood of distractions, as drivers are constantly checking their phones for directions and ride updates.

Fatigue is another major issue. 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. When you add heavy traffic near the Des Plaines River Trail, the Metra UP-NW line crossings, and the constant flow near the Des Plaines Oasis on I-90, the risk goes up even more. If you were hurt in one of these crashes, contact Briskman Briskman & Greenberg today to talk about your case.

Understanding Illinois Law and Uber Insurance Coverage

One of the most confusing parts of an Uber accident claim is figuring out which insurance policy applies. Illinois law sets specific rules for rideshare companies, and knowing those rules can make or break your case. The good news is that the law is actually on your side as an injured passenger or third-party victim.

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, safety standards, driver qualifications and more. 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.

Under Illinois law, there are three distinct coverage periods that determine what insurance applies after a crash. Illinois law requires that when a driver is logged into a rideshare app with no passenger, they must have at least 50/100/25 liability coverage, and the TNC must ensure this coverage is in place if the driver’s own policy doesn’t meet it. During trips, Illinois requires $1 million combined single limit coverage and at least $50,000 in UM/UIM coverage. Uber and Lyft provide these amounts as primary coverage during the appropriate periods.

From the time they accept passengers to when they complete rides, rideshare drivers must have insurance coverage of at least $1 million for personal injury, death and property damage. Drivers must also have underinsured or uninsured motorist coverage of $50,000 minimum. The coverage requirements must be satisfied by the driver, the ridesharing company or a combination of their policies.

Despite these protections, insurance companies do not simply write checks. Despite this coverage, victims often face difficulties when filing claims. Rideshare companies and their insurers may try to minimize payouts or dispute liability. In some cases, the driver’s personal insurance may deny claims, leaving victims to negotiate directly with Uber or Lyft. That is exactly why you need an experienced Uber Accident attorney in your corner from the very beginning.

Who Can Be Held Liable After a Des Plaines Uber Crash?

Liability in a rideshare accident is rarely simple. Multiple parties can share responsibility for your injuries, and Illinois law has clear rules about how that responsibility is divided. Understanding those rules helps you see why having skilled legal representation is so important.

Under Illinois law (735 ILCS 5/2-1117), all defendants found liable in a personal injury case are jointly and severally liable for a plaintiff’s 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 means that if the Uber driver, Uber itself, and another driver all share responsibility for your crash, you can pursue compensation from all of them, and those with 25% or more of the fault are on the hook for the full amount of non-medical damages.

Liability in rideshare accidents can be complicated due to the involvement of multiple parties. In Illinois, the driver, the rideshare company, and even third-party drivers can all potentially be held responsible for an accident. Determining who is liable often depends on the specific circumstances of the crash, including whether the driver was logged into the Uber or Lyft app at the time of the accident.

Uber also routinely argues that its drivers are independent contractors, not employees, to avoid direct liability. The Illinois Transportation Network Providers Act regulates rideshare services in the state. This law requires rideshare companies to provide specific insurance coverage and conduct background checks on drivers. However, it also limits the liability of the rideshare companies in certain situations, making it harder for accident victims to hold Uber or Lyft directly responsible. A Chicago Uber accident attorney at Briskman Briskman & Greenberg knows how to cut through those arguments and build a strong case against all responsible parties.

If a loved one was killed in an Uber crash, Illinois also provides a path to justice. Under the Illinois Wrongful Death Act (740 ILCS 180/1), whenever a death is caused by a wrongful act, neglect, or default, the party who would have been liable if death had not ensued remains liable for damages, including punitive damages when applicable. Your family does not have to face that loss without accountability.

What to Do Right After an Uber Accident in Des Plaines

The steps you take in the minutes and hours after a crash can have a major impact on your case. Evidence disappears fast, and insurance companies start building their defense the moment a claim is reported. Knowing what to do, and what not to do, can protect your right to full compensation.

First, stay at the scene. Under Illinois law (625 ILCS 5/11-401), the driver of any vehicle involved in a crash resulting in personal injury must immediately stop and remain at the scene until all legal requirements are fulfilled. A driver who leaves the scene of an injury crash commits a Class 4 felony. If the Uber driver left after hitting you, that is a serious criminal matter on top of your civil claim.

Call 911 right away. Even if you feel fine, injuries like whiplash, internal bleeding, and concussions often do not show symptoms immediately. Get a police report and see a doctor the same day. That medical record is one of the most important pieces of evidence in your case. Take photos of the crash scene, including the Uber vehicle, any other cars involved, road conditions near the intersection, and your own injuries.

Do not speak to Uber’s insurance company without a lawyer. They may call you quickly, sound friendly, and ask for a recorded statement. That statement can be used to minimize your claim. Instead, contact Briskman Briskman & Greenberg first. Our team can help you preserve key evidence, including the driver’s app data, GPS records, and dashcam footage, before it is lost. You can also review helpful tips on staying safe by visiting our Uber Accident lawyer resource page. The sooner you act, the stronger your case will be.

What Damages Can You Recover in an Illinois Uber Accident Case?

When you are hurt in an Uber crash, the financial impact can be overwhelming. Medical bills pile up fast, you may miss work, and the pain and stress of recovery can affect every part of your life. Illinois law allows injured victims to pursue compensation for all of these losses, and Briskman Briskman & Greenberg is ready to fight for every dollar you are owed.

Compensatory damages in an Illinois personal injury case typically fall into two categories: economic and non-economic. Economic damages include things like hospital bills, surgery costs, physical therapy, lost wages, and future medical expenses. Non-economic damages cover pain and suffering, emotional distress, loss of enjoyment of life, and the impact the injury has had on your relationships and daily activities.

In cases involving extreme recklessness, punitive damages may also be available. Under the Illinois Wrongful Death Act (740 ILCS 180/1), punitive damages can be included in wrongful death claims where the conduct warrants them. If an Uber driver was drunk, texting, or otherwise grossly negligent when they caused the crash, punitive damages could significantly increase the total value of your case.

Illinois also follows a modified comparative fault rule. This means that as long as you are less than 51% at fault for the crash, you can still recover compensation. Your total award is simply reduced by your percentage of fault. So if you were 10% at fault and your damages total $200,000, you can still recover $180,000. Do not let an insurance adjuster convince you that your own actions bar you from recovering. Contact our office today. We serve clients throughout the greater Chicago area, including nearby communities. If you were hurt in a different type of crash, our Mundelein car accident lawyer and Oak Lawn car accident lawyer teams are also ready to help. Call Briskman Briskman & Greenberg for a free consultation and let us help you get the full compensation you deserve.

FAQs About Des Plaines Uber Accident Claims

How long do I have to file an Uber accident claim in Illinois?

In Illinois, the statute of limitations for a personal injury claim is generally two years from the date of the accident. However, waiting that long is risky. App data, GPS records, and dashcam footage can disappear within days or weeks. Contact Briskman Briskman & Greenberg as soon as possible after your crash to protect your evidence and preserve your claim.

Can I sue Uber directly if their driver caused my injuries?

Uber classifies its drivers as independent contractors, which it uses to argue it is not directly liable for their actions. However, under the Illinois Transportation Network Providers Act, Uber must maintain specific insurance coverage while drivers are active on the app. This means that even if you cannot sue Uber as an employer, you can still pursue compensation through Uber’s commercial insurance policy, which provides up to $1 million in coverage when a passenger is in the vehicle.

What if the Uber driver was not logged into the app when the crash happened?

If the driver’s app was completely off at the time of the crash, Uber’s commercial insurance does not apply. In that situation, the driver’s personal auto insurance policy would be the primary coverage. This is one reason why it is critical to gather as much information as possible at the scene, including whether the driver was working at the time. An attorney can help obtain app and phone records to confirm the driver’s status.

What if I was a pedestrian or another driver hit by an Uber vehicle?

You do not have to be a passenger to have a claim against an Uber driver. If you were a pedestrian crossing near the Des Plaines Metra station or a driver struck by an Uber vehicle on Rand Road, you have the same right to pursue compensation as any other accident victim. Illinois law (735 ILCS 5/2-1117) allows injured parties to pursue all liable defendants, including the Uber driver and Uber’s insurance company, for medical expenses and other damages.

Does Briskman Briskman & Greenberg handle Uber accident cases on a contingency fee basis?

Yes. Briskman Briskman & Greenberg handles personal injury cases, including Uber accident claims, on a contingency fee basis. That means you pay no attorney fees unless we recover compensation for you. There is no upfront cost to get started. You can call our office for a free consultation to discuss the facts of your case and learn more about your legal options without any obligation.

More Resources About Vehicle Injuries

• Dangerous Roads & Intersections in Des Plaines
• Des Plaines Bicycle Accident Lawyer
• Des Plaines Car Accident Lawyer
• Des Plaines Distracted Driving Accident Lawyer
• Des Plaines Drunk Driving Accident Lawyer
• Des Plaines Fatal Car Accident Lawyer
• Des Plaines Motorcycle Accident Lawyer
• Des Plaines Pedestrian Accident Lawyer
• Des Plaines Truck Accident Attorney
• Des Plaines Lyft Accident Lawyer
• Des Plaines Uninsured Motorist Accident Lawyer