Ridesharing has changed how we get from place to place. With Uber and Lyft now mainstream methods of transportation and an easy way to make a few bucks, more and more drivers are now taking to the streets. With this increase in cars on the road comes an increase in pedestrian accidents.
According to the National Highway Traffic Safety Administration, in 2017, there were 5,977 pedestrian deaths nationwide and in Chicago, 33% of all traffic deaths were pedestrians struck by vehicles.
Pedestrians hit by an Uber or Lyft driver will often face many challenges including hospitalization, rehabilitation, medical costs, and lost wages because of their injuries, and some pedestrians may never fully recover. Some of the most common types of injuries a pedestrian may sustain after being hit by an Uber or Lyft driver include:
- Broken bones
- Soft tissue injuries
- Internal injuries
- Spinal cord injuries
- Traumatic brain injuries
- Death
If you or a loved one has been injured in a pedestrian accident due to a rideshare driver’s negligence, we at America’s Consumer Lawyer are here for you every step of the way to ensure that your rights are protected, and you are fully compensated for your injuries and losses.
Pedestrian Rights
In Chapter 11 of Illinois Vehicle Code it states that because cars cause more damage, they have a general duty to “exercise due care to avoid colliding with any pedestrian”. In the case of children, however, the driver is to exercise “proper precaution”. When a pedestrian is walking, jogging, or running on sidewalks and through crosswalks, they are generally considered to have the right-of-way, although they too must exercise caution when crossing.
Causes of Pedestrian Accidents
Car accidents can happen for any number of reasons. Some of the reasons a pedestrian may be hit by an Uber or Lyft driver include:
- Distracted Driving-Drivers for Uber and Lyft are often using GPS systems or their phone to determine the best route or are in a hurry to get their fare from point A to point B quickly. If someone takes their eyes from the road, even for a second, it can be catastrophic.
- Unfamiliar Area-Not all rideshare drivers know the area they are coming from or going to. A driver unfamiliar with the area may be lost, confused, and not paying close attention to those pedestrians that may be around them.
- Fatigued Driving-Uber and Lyft drivers are often driving a lot to make ends meet or using these rideshare companies as a second or third income. Tired drivers do not have the same capabilities and reflexes as a rested driver.
Liability in an Uber of Lyft Accident
To receive compensation, a pedestrian must prove two things. First, they must prove that the Uber of Lyft driver was negligent and second, the pedestrian must prove that they have sustained damages. Who will be responsible for this compensation will depend on certain factors.
Uber and Lyft consider their drivers independent contractors. If a driver is not using the rideshare app they work for, they are considered “off-app” and their personal auto insurance would be responsible for any damages a pedestrian may sustain in an accident.
If a rideshare driver is “on-app”, then the liability insurance carried by each rideshare company comes into play. For example:
- Period 1: If a rideshare driver has not accepted a fare, but they are on-app and ready to accept one, a pedestrian would be covered by their limited liability insurance. Period 1 liability insurance limits are $50,000 for bodily injury, $100,000 for the total accident, $25,000 for property damage.
- Periods 2&3: Periods 2 and 3 are when a driver has accepted a fare until they have picked up and dropped off the fare. At this point, the liability insurance limits increase to $1million. During these periods, all accident forms are submitted with the Uber of Lyft app and the driver’s personal auto insurance is not responsible for any of your damages.
Rideshare accidents are complex and proving negligence may be difficult, but if you were a pedestrian who was injured by an Uber of Lyft driver, you have a right to compensation for your injuries and damages. Contact an experienced personal injury lawyer to review your case and help you to secure the compensation that you are entitled to.
We at America’s Consumer Lawyer are proud to serve our fellow citizens in personal injury cases, especially when you or a loved one has been injured in an auto accident, and we are fully committed to protecting your rights and ensuring that the other party is held legally accountable when negligence occurs. We will fight until the very end to ensure that you are fully compensated for all injuries and losses resulting from the accident, including medical expenses, property damage, lost wages, and pain and suffering, and you won’t owe us a dime for our services.
If you or a loved one was a pedestrian injured due to a rideshare driver’s negligence, contact America’s Consumer Lawyer for a free consultation. Helping our clients is about counseling, advocating, and ultimately solving problems. With years of experience successfully representing the people and not the powerful, we will take care of the insurance adjusters, your medical bills, your property damage, and your lost wages, and monitor your treatment so you can focus on healing and getting your life back to normal. We will handle your case quickly and advise you every step of the way, and we will not hesitate to go to trial for you.
Lastly, America’s Consumer Lawyer is not paid attorneys’ fees unless we win your case. Our no-fee promise is that simple. You have nothing to risk when you hire us – only the opportunity to seek justice.
