Rideshare / Uber / Lyft Accidents & Injury

Rideshare services like Uber and Lyft have revolutionized transportation, offering convenience and accessibility to millions of users. However, as their popularity has grown, so too have the number of accidents involving rideshare vehicles. These cases present unique legal challenges, from determining liability to navigating the complex web of insurance coverage. At Goldberg & Goldberg, we specialize in representing victims of Uber and Lyft accidents, ensuring they receive the justice and compensation they deserve.

One of the primary hurdles in rideshare accident cases is the issue of responsibility. Uber and Lyft categorize their drivers as independent contractors rather than employees, allowing the companies to deny direct liability in most cases. Additionally, rideshare drivers operate under distinct insurance policies that depend on their status at the time of the accident-whether they were logged into the app, waiting for a ride request, or actively transporting a passenger. These layered policies can create confusion for victims trying to recover compensation for their injuries.

Goldberg & Goldberg has extensive experience handling rideshare accident cases, and we are well-versed in the specific laws and regulations that govern Uber and Lyft operations. We conduct thorough investigations into the circumstances of each accident, gathering critical evidence such as app activity logs, driver history, and vehicle maintenance records to establish negligence. We also analyze the applicable insurance policies to identify the sources of compensation available to our clients.

Whether you were a passenger in the rideshare vehicle, a pedestrian, or another driver involved in the collision, we are committed to securing maximum compensation for your medical expenses, lost wages, and pain and suffering. Our team understands the tactics used by rideshare companies and their insurers to minimize payouts, and we are prepared to fight back on your behalf.

The transportation industry is constantly evolving. One area of our practice that has evolved most quickly is injury litigation involving the so-called ride share companies like Uber, Lyft and Via. Uber, Lyft and Via operate in Chicago under a license from the City of Chicago which requires the company to annually inspect its drivers vehicles and do a background check before hiring, but little else. The net result of the operation of rideshare in Chicago is that Uber, Lyft and Via are operating underregulated livery operations in Chicago with little regard for the safety and well being of the passengers. This is accomplished by an utter lack of concern and/or supervision of the drivers once they become onboarded with the rideshare company. Uber, Lyft and Via then abdicate supervision and say that they are not responsible for the conduct of rideshare drivers because the drivers themselves are not employees of the rideshare company. This is laughable, and in our vast experience in this area of the law, unsupported by what the well settled law in Illinois and the facts of almost every single case that we have prosecuted on behalf of people injured by rideshare drivers.

Why do Rideshare Companies Claim Drivers are not Employees?

The answer to this question is simple. Uber, Lyft and Via are looking to avoid responsibilities and maximize profits. If they admit that their drivers are their actual agents, a host of responsibilities then become the responsibility of the rideshare company. It is far more profitable for Uber, Lyft and Via to claim that its drivers are independent contractors. That way they can try to avoid responsibilities to both the drivers, passengers and the general public, responsibilities like paying a minimum wage, having workers compensation insurance, insuring the well-being of their passengers and the financial responsibility for the damage and injuries that are the fault of their drivers. Just because Uber, Lyft and Via say that their drivers are independent contractors DOES NOT MEAN THAT THIS FACT IS TRUE. In fact, the opposite is true. The law in Illinois is clear. Uber, Lyft and Via drivers are the actual agents of Uber, Lyft and Via. In Illinois, the key factor in determining actual agency is control. There are countless ways that we have demonstrated that rideshare drivers are the actual agents of the rideshare companies and under their control. The rideshare companies continue to deny that their drivers are their agents.

In 2019 the Economic Policy Institute published a white paper in its academic journal called Uber drivers are not independent contractors. NLRB’s General Counsel erroneously misclassifies these gig economy workers. In that paper, the author demonstrates this truth through some very convincing fact-based arguments centered on the issue of control. These arguments include the following:

• Rideshare drivers can’t expand revenues because they can’t control prices or expand their customer base through marketing.
• Unlike a typical enterprise, rideshare drivers do not build earnings as they get more experience.
• Rideshare drivers are not able to choose their customers—drivers are penalized for rejecting or not accepting trips.
• Drivers do not even have basic control over how they deliver rides—drivers can be penalized for picking inefficient routes (as per Rideshare Parent’s judgment).
• Rideshare drivers are “supervised” by semi-automated and algorithmic systems that track their acceptance rates, time on trips, speed, customer ratings, and other factors, and drivers can be “deactivated” based on these factors.
• Because Rideshare charges riders a predetermined rate but pays drivers based on actual miles covered and minutes spent, the company clearly has a financial incentive to control drivers.
• Rideshare driver earnings also do not mirror those of entrepreneurs. Rideshare drivers earn minimum wages, or less, and the rideshare companies own IPOs compare driver earnings to those in low-wage industries such as retail and restaurants

These arguments directly contradict the rideshare companies claims that their drivers are independent and not the agents of the company. For this reason, and many others, it is imperative that any lawyer litigating with a rideshare is prepared to debunk each and every fallacy that the rideshare companies press as fact on the issue of agency. At Goldberg & Goldberg we are uniquely positioned by both our experience and creativity to stand up to the powerful forces that will no doubt position themselves against your rideshare claim. At Goldberg & Goldberg we have the experience that you require to achieve justice in your rideshare case.

All Manner of Evils

Claims against rideshare companies cover all manner of evils. Some of our claims involve simple accidents involving drivers or passenger in rideshare vehicles. Others involve accidents involving rideshare drivers and third-party vehicle operators, pedestrians or bicyclists. Furthermore, some claims involve rideshare drivers assaulting or sexually assaulting passengers. Statistics have shown that traffic related accidents have increased in some cities by as much as 5% since ride share applications have become prevalent.

What Should I do in the Event of an Accident?

In the event that you are injured in a rideshare related accident, the most important thing to do is immediately seek the medical attention that is necessary. It is also important to make an accident report with the police. In the event of an injury case, it is in your best interest that the responding officer hear your version of the events so that his narrative report is not inappropriately based on the driver’s version of events. Contacting a lawyer at Goldberg & Goldberg will get you in touch with someone with experience in protecting your rights when dealing with the powerful voices that will be at work against you. A consultation with the attorneys at Goldberg & Goldberg is always free of charge.

Common Causes of Rideshare Accidents

Rideshare accidents can occur for a variety of reasons, including:

1. Distracted Driving: Rideshare drivers often use apps while driving, increasing the risk of accidents.
2. Fatigue: Long hours on the road can lead to driver exhaustion and slower reaction times.
3. Reckless Driving: Speeding or aggressive driving to meet passenger requests or deadlines.
4. Inexperienced Drivers: Many rideshare drivers lack formal training in defensive driving.
5. Vehicle Maintenance Issues: Poorly maintained vehicles can lead to mechanical failures.

Regardless of the cause, victims of rideshare accidents deserve accountability and compensation for their injuries.

Understanding Liability in Uber and Lyft Accidents

One of the primary complexities in rideshare accident cases is determining who is responsible for the victim’s injuries. Liability often depends on the driver’s status at the time of the accident:

• Offline or Personal Use: The driver’s personal insurance policy applies.
• Logged Into the App, Waiting for a Ride Request: Uber and Lyft provide limited liability coverage during this period.
• En Route to a Ride or Transporting a Passenger: The company’s $1 million liability insurance coverage typically applies.

Uber and Lyft classify their drivers as independent contractors, allowing them to deny direct liability in many cases. However, Goldberg & Goldberg is experienced in navigating these legal challenges to hold the appropriate parties accountable.

Victims of Rideshare Accidents

Rideshare accidents can impact various parties, each with the right to seek compensation:

1. Passengers: Injured passengers have a strong claim against the rideshare company’s insurance.
2. Pedestrians and Cyclists: Non-motorists struck by a rideshare vehicle may seek compensation for medical bills and other damages.
3. Other Drivers: If a rideshare driver caused the accident, affected drivers can file claims against the driver’s insurance or the rideshare company’s coverage.

Goldberg & Goldberg is dedicated to representing all victims of rideshare accidents, regardless of their role in the collision.

Common Injuries in Rideshare Accidents

Due to the nature of rideshare services, accidents can result in serious injuries, including:

• Whiplash and Soft Tissue Injuries: Common in rear-end collisions.
• Fractures: Broken bones caused by the force of impact.
• Traumatic Brain Injuries (TBIs): Head injuries resulting from collisions.
• Spinal Cord Injuries: Potentially leading to paralysis or chronic pain.
• Internal Injuries: Damage to organs from blunt-force trauma.
• Emotional Trauma: Anxiety or PTSD stemming from the accident.

These injuries often require extensive medical care, leading to significant financial and emotional challenges.

How Goldberg & Goldberg Advocates for Rideshare Accident Victims

Goldberg & Goldberg has a proven track record of success in handling Uber and Lyft accident cases. Our comprehensive approach includes:

1. Thorough Investigations: We gather evidence such as app activity logs, driver history, and accident reports to establish negligence.
2. Analyzing Insurance Policies: We navigate the layered insurance coverage of rideshare companies to identify sources of compensation.
3. Collaboration with Experts: Accident reconstruction specialists and medical professionals help strengthen our clients’ cases.
4. Aggressive Advocacy: We counter the tactics used by rideshare companies and insurers to minimize payouts, ensuring our clients receive fair compensation.

Our goal is to secure maximum compensation for medical expenses, lost wages, and pain and suffering.

Compensation for Rideshare Accident Victims

Victims of rideshare accidents may be entitled to significant compensation, including:

• Medical Expenses: Covering hospital bills, surgeries, rehabilitation, and medication.
• Lost Wages: Compensation for time away from work and diminished earning potential.
• Pain and Suffering: Addressing the physical and emotional impact of the accident.
• Property Damage: Repair or replacement of damaged personal belongings.
• Long-Term Care: Costs associated with permanent injuries or disabilities.

At Goldberg & Goldberg, we fight tirelessly to ensure our clients receive the financial support they need to recover and rebuild their lives.

What Makes Rideshare Accident Cases Unique?

Uber and Lyft accidents differ from traditional car accident cases in several ways:

• Corporate Policies: Rideshare companies often deny liability due to their classification of drivers as independent contractors.
• Layered Insurance Coverage: Different policies apply depending on the driver’s status at the time of the accident.
• Data Access: App activity logs and GPS data are critical for establishing fault but may require legal action to obtain.

Goldberg & Goldberg has the experience and resources necessary to overcome these challenges and secure justice for our clients.

Contact Goldberg & Goldberg for Your Rideshare Accident Case

If you or a loved one has been injured in an Uber or Lyft accident, Goldberg & Goldberg is here to help. Our experienced attorneys are well-versed in the laws and regulations governing rideshare operations, and we are committed to fighting for your rights. Contact us today for a free consultation and take the first step toward justice and compensation.

FAQs About Uber and Lyft Accident Claims