Our Lawyers
Tinley Park Uber Accident Lawyer
If you take an Uber in Tinley Park, the last thing on your mind is getting into an accident. You hop in near the Tinley Park Convention Center, head toward Oak Park Avenue, and expect to arrive safely. But accidents happen, and when they do inside a rideshare vehicle, the legal questions can get complicated fast. Who pays? Is Uber responsible? What are your rights under Illinois law? These are the questions Briskman Briskman & Greenberg can help you answer.
Table of Contents
- Why Uber Accidents in Tinley Park Are More Common Than You Think
- Illinois Law and Uber Insurance Coverage: What You Need to Know
- Illinois Negligence Laws That Apply to Your Uber Accident Claim
- What Steps to Take After an Uber Accident in Tinley Park
- How Briskman Briskman & Greenberg Helps Tinley Park Uber Accident Victims
- FAQs About Tinley Park Uber Accident Claims
Why Uber Accidents in Tinley Park Are More Common Than You Think
Tinley Park sits along major commuter routes like I-80 and I-57, making it a busy hub for Uber pickups and drop-offs. Residents use rideshares to get to Metra stations, head into Chicago, or travel to events at venues like the Hollywood Casino Amphitheatre. More Uber trips means more chances for something to go wrong.
One-third of rideshare drivers surveyed in a recent study reported being involved in a crash while working, and using a cellphone, driving while tired, or driving on unfamiliar roads increased the likelihood of a crash. This data highlights the unique risks that Chicago-area residents face when using rideshare services in busy suburban corridors.
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 accounts for approximately 8% of fatal crashes, and the nature of rideshare driving increases the likelihood of distractions.
Add in the pressure to complete rides quickly, and you have a recipe for dangerous driving. Many rideshare drivers feel pressure to complete rides quickly, especially during peak hours or when working toward incentives offered by the rideshare companies. This can lead to reckless driving behaviors such as speeding, running red lights, or making unsafe lane changes.
Whether you were heading south on Harlem Avenue or getting dropped off near Oak Park, if an Uber driver’s careless behavior caused your injuries, you have the right to pursue compensation. An experienced Uber Accident lawyer can walk you through exactly what your case is worth and how to move forward.
Illinois Law and Uber Insurance Coverage: What You Need to Know
One of the first things people want to understand after an Uber accident is who pays for their injuries. Illinois has specific laws that govern rideshare insurance, and the coverage depends on what the driver was doing at the time of the crash.
Illinois governs rideshare companies under the Transportation Network Providers Act (625 ILCS 57). When a driver is logged into the app but has not yet accepted a ride request, the law requires automobile liability insurance 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.
The coverage increases significantly once a driver accepts a trip. From the moment a TNC driver accepts a ride request until the driver completes the transaction or the ride is complete, whichever is later, automobile liability insurance shall be primary and in the amount of $1,000,000 for death, personal injury, and property damage. That means if you were a passenger in the Uber at the time of the crash, you may have access to up to $1 million in liability coverage.
In every instance when automobile liability insurance maintained by a participating TNC driver to fulfill the insurance obligations of this Section has lapsed or ceased to exist, the transportation network company shall provide the coverage required by this Section beginning with the first dollar of a claim. This is an important protection for injured passengers.
Illinois law also provides uninsured and underinsured motorist protections. According to 625 ILCS 57/10, uninsured motorist coverage in the amount of $50,000 must also be provided and would apply from the time a passenger enters the TNC driver’s vehicle until the passenger exits the vehicle.
Understanding these coverage tiers is critical to building your claim. A Uber Accident attorney at Briskman Briskman & Greenberg can review the details of your case and identify every available source of compensation.
Illinois Negligence Laws That Apply to Your Uber Accident Claim
Illinois follows a modified comparative negligence rule under 735 ILCS 5/2-1116. This law directly affects how much money you can recover after an Uber accident. Under this rule, your compensation is reduced by your percentage of fault. So if you were 20% responsible for the crash, your total award is reduced by 20%.
But here is the important part: if you are found to be more than 50% at fault, you cannot recover anything. This is why insurance companies often try to shift blame onto injured victims. They do it to reduce or eliminate payouts. Having a skilled attorney on your side protects you from that tactic.
Illinois also has joint and several liability rules under 735 ILCS 5/2-1117. This law matters when more than one party shares fault for your accident. All defendants found liable are jointly and severally liable for your past and future medical expenses. Any defendant whose fault is 25% or greater is jointly and severally liable for all other damages. This means that even if one at-fault party cannot pay, another party who is 25% or more at fault may be required to cover the full amount.
Think about a scenario where an Uber driver ran a red light near 183rd Street in Tinley Park and a third-party driver also contributed to the crash. Both parties could share liability, and Illinois law protects your right to recover from all responsible parties.
If a loved one died in an Uber crash, Illinois also provides a path to justice under the Wrongful Death Act (740 ILCS 180). Under Section 1 of that Act, whenever the death of a person is caused by a wrongful act or neglect, the responsible party shall be liable to an action for damages, including punitive damages when applicable, even though the death has occurred. Families in Tinley Park and across the south suburbs should know that this law protects them too.
Reach out to a Chicago personal injury lawyer at Briskman Briskman & Greenberg to get a clear picture of how these laws apply to your specific situation.
What Steps to Take After an Uber Accident in Tinley Park
The actions you take right after an Uber accident can have a big impact on your claim. Many people are shaken up, confused, and unsure of what to do. Here is a straightforward guide to protect yourself.
First, call 911 immediately. Under 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 legal requirements are met. If the Uber driver tries to leave or discourages you from calling police, that is a red flag and you should still call.
Second, get medical attention right away, even if you feel okay. Some injuries, like whiplash or internal trauma, do not show symptoms immediately. A medical record created close in time to the accident is one of the strongest pieces of evidence in your case. Do not skip this step.
Third, document everything you can. Take photos of the vehicles, the road, traffic signals, and your injuries. Screenshot your Uber trip details from the app, because this information confirms the driver was on an active trip when the crash occurred. That detail directly affects which insurance coverage applies.
Fourth, get the names and contact information of any witnesses. People near Tinley Park landmarks like the Tinley Park Police Station on Oak Park Avenue or the area around 167th Street may have seen what happened.
Fifth, do not give a recorded statement to any insurance company without speaking to an attorney first. Insurance adjusters are trained to get you to say things that reduce your claim’s value.
A Chicago Uber accident attorney at Briskman Briskman & Greenberg can take over communications with the insurance companies, gather evidence, and build your case so you can focus on healing.
How Briskman Briskman & Greenberg Helps Tinley Park Uber Accident Victims
Briskman Briskman & Greenberg has been serving injured people in the Chicago area and south suburbs for decades. The firm handles personal injury cases across Cook County, Will County, and the surrounding communities. If you were hurt in an Uber crash in Tinley Park, in neighboring Orland Park, or anywhere along the I-80 corridor, the team at Briskman Briskman & Greenberg is ready to help.
Uber accident cases involve multiple layers of insurance and legal issues that standard car accident cases do not. You may need to deal with Uber’s corporate insurance, the driver’s personal policy, and potentially a third-party driver’s insurer all at once. Each of these entities has lawyers and adjusters working to pay out as little as possible. You deserve someone in your corner who understands how to handle all of it.
The firm handles cases for clients throughout the Chicago metro area, including nearby communities. If you are in the area and need help, you can also learn more about how the firm helps clients in similar situations. For example, if you were injured in a car crash in a nearby community, an Oak Lawn car accident lawyer at the firm can assist, and those handling crashes further north can connect with a Mundelein car accident lawyer on the team as well.
Briskman Briskman & Greenberg works on a contingency fee basis for personal injury cases, which means you pay no fees unless the firm recovers money for you. There is no financial risk to calling and getting a free consultation. You have nothing to lose by learning what your rights are.
If you or a family member was hurt in a Tinley Park Uber accident, do not wait. Illinois has a two-year statute of limitations for most personal injury claims under 735 ILCS 5/13-202, and missing that deadline means losing your right to sue. Call Briskman Briskman & Greenberg today to speak with a member of the legal team about your case.
FAQs About Tinley Park Uber Accident Claims
Who is responsible for my injuries if I was hurt as an Uber passenger in Tinley Park?
Responsibility depends on who caused the crash. If the Uber driver was at fault, Uber’s insurance policy may cover your injuries. Under Illinois law (625 ILCS 57/10), once a driver has accepted a trip and a passenger is in the vehicle, Uber must carry $1,000,000 in primary liability coverage. If a third-party driver caused the crash, you would typically file against that driver’s insurance first. If that driver is uninsured or underinsured, Uber’s UM/UIM coverage may apply. Multiple parties can share fault, and Illinois joint and several liability rules under 735 ILCS 5/2-1117 may allow you to recover from all responsible parties.
Does it matter whether the Uber driver had the app on or off at the time of the crash?
Yes, it matters a great deal. Illinois law creates different insurance tiers based on the driver’s status at the time of the accident. If the app was off, only the driver’s personal auto insurance applies. If the app was on but no ride was accepted, lower coverage limits apply. If the driver had accepted your trip and you were in the vehicle, the full $1,000,000 liability policy kicks in. This is why documenting your trip through the Uber app right after a crash is so important. Your attorney can use that data to confirm which coverage tier applies to your claim.
How long do I have to file an Uber accident lawsuit in Illinois?
In most personal injury cases in Illinois, you have two years from the date of the accident to file a lawsuit, under 735 ILCS 5/13-202. If you miss this deadline, you lose your right to seek compensation in court. There are limited exceptions, such as cases involving minors, but you should not count on those exceptions applying to your situation. The sooner you contact an attorney, the better. Evidence fades, witnesses move on, and insurance companies become harder to deal with over time. Contact Briskman Briskman & Greenberg as soon as possible after your accident.
Can I still recover damages if I was partly at fault for the Uber accident?
Yes, in most cases. Illinois follows a modified comparative negligence rule under 735 ILCS 5/2-1116. As long as your fault is 50% or less, you can still recover damages. However, your total award will be reduced by your percentage of fault. For example, if a court finds you 15% at fault and your total damages are $100,000, you would recover $85,000. Insurance companies often try to inflate your percentage of fault to reduce what they owe you. An experienced attorney can push back against those tactics and fight for a fair result.
What types of damages can I recover after a Tinley Park Uber accident?
You may be able to recover a wide range of damages depending on the facts of your case. These can include medical expenses (past and future), lost wages, loss of earning capacity, pain and suffering, emotional distress, and property damage. In cases involving a death, the family may also pursue a wrongful death claim under 740 ILCS 180, which allows recovery for grief, loss of companionship, and financial losses. The specific damages available depend on the severity of your injuries and the circumstances of the crash. Briskman Briskman & Greenberg can evaluate your case and give you a realistic picture of what you may be entitled to recover.
More Resources About Vehicle Injuries
- Dangerous Roads & Intersections in Tinley Park
- Tinley Park Bicycle Accident Lawyer
- Tinley Park Car Accident Lawyer
- Tinley Park Distracted Driving Accident Lawyer
- Tinley Park Drunk Driving Accident Lawyer
- Tinley Park Fatal Car Accident Lawyer
- Tinley Park Motorcycle Accident Lawyer
- Tinley Park Pedestrian Accident Lawyer
- Tinley Park Truck Accident Attorney
- Tinley Park Lyft Accident Lawyer
- Tinley Park Uninsured Motorist Accident Lawyer
SEEN ON: