Lyft Accidents in Chicago

While every accident is different, in most cases, Lyft cannot be held liable for a negligent driver’s actions because Lyft classifies its drivers as independent contractors, rather than employees.

Under state law, employers can be held responsible for the negligent acts of an employee. However, that is not the case for independent contractors. Generally, employers are only responsible for the acts of an independent contractor if the employer retains a certain degree of control over how the contractor performs the work. Courts have held that rideshare companies cannot be held liable for car accidents caused by their drivers.

Passengers injured in a Lyft accident are not without a way to recover, however, because it is still possible to file a personal injury claim against the Lyft driver in their individual capacity. If the accident caused serious injuries, the Lyft driver may not be able to pay the medical expenses. For this reason, Lyft maintains a $1 million insurance policy that will cover the driver in this situation.

For non-passengers who are injured in a rideshare accident, such as pedestrians or bicyclists who are hit by a Lyft driver, the process can be a little more complicated. For example, Lyft’s $1 million insurance policy will only cover an accident if the driver has a passenger at the time of the collision. If the driver is using the car for personal business or is on duty but does not have a passenger (and has not yet been matched up with a passenger), an injury victim must file a claim against the at-fault driver’s insurance policy. Depending on the policy limits, the extent of the injuries, and whether the driver obtained the correct type of policy, accident victims may have difficulties recovering the financial compensation they are entitled to.

Illinois personal injury law provides that Lyft accident victims can pursue a claim for compensation against the at-fault driver. However, the laws surrounding Chicago rideshare accidents are somewhat complex, and many factors go into determining how you must pursue a claim, as well as the amount of coverage that will be available. Rideshare accident victims should follow the following steps to preserve their right to recover for their injuries:

1. Call the police: Even when a crash seems minor, or you do not immediately believe that you were injured, it is still important to call the police. Calling the police right away officially documents the accident and may later help you substantiate your claim.

2. Obtain medical care: Even if your injuries seem minor, it is still important to get checked out by doctors to make sure that there was not any other serious damage. Obtaining medical care can also help you prove that your injuries were serious.

3. Gather evidence: If possible, use your phone’s camera to take pictures of the scene. In some cases, the photos you take may be the only visual evidence of the accident.

4. Contact an attorney: Recovering financial compensation after a Chicago Lyft accident can be a complex process that is best left to an attorney with specific experience handling these matters. An attorney will collect all necessary documentation, work with the various insurance companies, and ultimately litigate your claim, if necessary.

Lyft maintains a $1 million insurance policy on each of its drivers. This coverage applies from the moment a Lyft driver is paired up with a passenger, through the duration of the ride, and ends when the passenger is dropped off.

Of course, not all Lyft accidents occur while the driver is in the process of transporting a passenger. In fact, many rideshare accidents happen while the driver is waiting to get matched up with a passenger. These accidents are not covered under Lyft’s $1 million insurance policy. However, Illinois state law still requires that Lyft purchase insurance that covers these accidents. Specifically, rideshare companies must have at least $50,000 per person/$100,000 per accident in bodily injury coverage, and $25,000 in property damage coverage. To avoid a situation where a Lyft driver buys the wrong type of insurance policy, lawmakers require that Lyft purchase this policy, rather than the driver. The driver must still have their own individual car insurance policy. That said, there may still be difficulties when trying to recover after a Chicago rideshare accident, and anyone who has been injured as a result of a Lyft driver’s negligence should reach out to an attorney as soon as possible.

Under Illinois personal injury law, Lyft drivers can be held liable for any injuries caused by their negligence.

Every car accident is different, and the damages that an accident victim can recover in a specific case varies based on certain factors. The following are the types of damages that may be awarded following a Chicago Lyft accident:

• Economic damages: Economic damages are damages that can easily be quantified. For example, medical expenses, property damage, lost wages and the decrease in an accident victim’s earning capacity are all considered economic damages.

• Non-economic damages: Non-economic damages are meant to compensate accident victims for less concrete injuries that are harder to assign a dollar value to but are still just as serious. For example, non-economic damages include compensation for an accident victim’s physical pain, emotional trauma, loss of companionship and disfigurement or disability.

When discussing the availability of damages in an Illinois car accident, the concept of comparative fault must be mentioned. The doctrine of comparative fault provides that an accident victim’s total recovery must be reduced by their own percentage of fault. For example, if a Lyft accident victim sustains $200,000 in damages but is found to be 40 percent at fault for causing the accident, their total recovery amount would be limited to $120,000 ($200,000 less 40 percent). While comparative fault is unlikely to come up in Lyft accident cases brought by passengers, it often arises in claims brought by other motorists, pedestrians or bicyclists. Notably, the comparative fault laws prohibit accident victims who are more than 50 percent at fault from recovering anything for their injuries.