Uber drivers, like all motorists, have a duty to operate their vehicles in a safe and responsible manner. Of course, we all know that is not always the case. Under Illinois personal injury law, when an Uber driver causes an accident, they can be held liable for any injuries caused by their negligence.
Every car accident is unique, and the damages that an accident victim are entitled to vary based on the individual facts of that case. However, the following are the various types of damages that may be awarded following a Chicago Uber accident:
• Economic damages: Economic damages are those that are easily quantifiable. 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 designed to compensate an accident victim for injuries that, while less concrete and harder to assign a dollar value to, are equally as serious. Non-Economic damages include compensation for an accident victim’s physical pain, emotional trauma, loss of companionship and disfigurement or disability.
When talking about the available damages in an Illinois car accident, the concept of comparative fault should be discussed. 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 an Uber accident victim sustains $400,000 in damages but is found to be 25 percent at fault for causing the accident, their total recovery amount would be limited to $300,000 ($400,000 less 25 percent). While comparative fault is unlikely to come up in Uber accident cases involving a passenger, it very well may arise in a claim brought by another motorist, pedestrian or bicyclist who was injured in an Uber accident. Importantly, Illinois comparative fault laws prohibit recovery altogether for those accident victims who are found to be more than 50 percent at fault for causing the accident.