What If Your Driver Gets into a Serious Accident While You’re a Passenger in Chicago Uber or Lyft?
More and more people in Chicagoland are choosing to call for an Uber or Lyft instead of the more traditional taxicab service (or driving themselves, or taking public transportation) because it is less expensive and very convenient. And for rideshare drivers, ridesharing offers a great way to earn money on their own schedule and without having to jump through all the hoops that drivers have to do in order to be hired by a taxicab company. It is a great deal for lots of people, for a lot of reasons.
However, riders must be alert to the reality that they are placing themselves in a very vulnerable position when they opt to get into a rideshare vehicle. The rider becomes dependent upon that Uber or Lyft driver to keep them safe from harm during the trip, and sometimes that trust is very much misplaced.
Requirements for Chicagoland Rideshare Drivers
While ridesharing drivers are not held to the same legal prerequisites as cab drivers, they still have to meet legal requirements under both state law and city ordinance. Uber and Lyft also have conditions for their drivers before they are welcomed on the app.
Illinois State Law For Uber or Lyft Drivers
For over a decade, the Illinois Transportation Network Providers Act of 2014 (625 ILCS 57/1) (“ITNPA”) has formed the cornerstone for the state’s ridesharing industry. It defines the companies that operate in this marketplace as “Transportation Network Companies” (TNCs). This means that Uber, Lyft, and any other ridesharing business has to comply with its provisions, including getting licensed by the Illinois Department of Transportation.
Insofar as ridesharing drivers, the ITNPA mandates background checks into their driving history as well as their criminal records, if any. If there have been convictions for driving under the influence or for reckless driving, they are barred from ridesharing employment.
Specifically, criminal convictions within the past seven years for things like DUI; fraud; sex crimes; property damage; felonious use of a vehicle; theft; acts of violence; or acts of terrorism block someone from working as a rideshare driver. Anyone placed on the sex offender database cannot be a ridesharing driver in the State of Illinois.
Moreover, to be employed in Illinois, ridesharing drivers cannot have over three moving traffic violations in the three years preceding the driver’s ridesharing application or one major violation within the same time period.
The ITNPA states that all ridesharing drivers in Illinois must have a valid driver’s license and be at least 21 years old. Drivers under the age of 23 years have to have three years or more of driving experience. Their ridesharing vehicle must be registered with the state and it has to pass an annual safety inspection. They must be trained in non-discrimination policies in compliance with state and federal law (e.g., the Americans With Disabilities Act.)
As for protecting against accidents where riders are hurt, the ITNPA mandates in addition to the driver’s personal auto liability coverage, all TNCs (Uber, Lyft) (not the driver here) must provide commercial insurance coverage during specific phases of a rideshare journey.
Finally, the state’s Biometric Information Privacy Act (BIPA) (740 ILCS 14/) helps in the verification of the ridesharing driver’s identity through the use of fingerprints and facial recognition by the TNCs (with consent of the driver). The driver also has to provide Uber or Lyft their Social Security Number; birthdate; and proof of automobile liability insurance coverage that meets certain minimums.
City of Chicago Laws for Lyft and Uber Drivers
As further protections for riders choosing to use a ridesharing service within the city limits, Chicago municipal code ordinances include the City of Chicago Transportation Network Provider Rules, amended and effective August 10, 2020. These include specific requirements for operating at O’Hare and Midway Airports, McCormick Place, and the Navy Pier.
Ridesharing drivers under the municipal ordinance are either qualified as “transportation network drivers” or “transportation network chauffeurs” as defined in MCC Chapter 9-115.
Chicago Rideshare Drivers and Rider Risks: Liability After Uber or Lyft Accidents
Anytime a rider gets into an Uber or Lyft vehicle, they are agreeing to allow a stranger to transport them to their destination. That rideshare driver should be more than worthy of their trust, given all the statutory and regulatory requirements they must meet.
However, Chicago rideshare riders face a great risk of serious injury or death if that Uber or Lyft driver breaches that trust. Riders face the risk of a ridesharing driver that is:
- driving tired or fatigued;
- driving under the influence of drugs or alcohol;
- feeling the need to speed in order to maximize their number of ride profits;
- is careless or reckless in their driving; or
- has failed to maintain or repair the vehicle before picking up the rider.
Furthermore, more and more riders across the country face the risk of an Uber or Lyft driver that is not the person officially authorized by the app to be driving the vehicle. These are “scam drivers” or “imposter drivers” who may be dangerous or incompetent to be operating the rideshare vehicle, putting the rider at risk of a serious or deadly accident.
For more, see “Imposter rideshare drivers are an increasing problem, Philadelphia Parking Authority warns,” written by Cheryl Mettendorf and Chad Pradelli and published by 6ABC.com on October 4, 2024; “Illegal, fake rideshare drivers are potential dangerous problem at Fort Lauderdale-Hollywood International Airport,” written by Jeff Weinsier and published by Local10 on February 12, 2024.
Seeking Justice for Chicago Ridesharing Uber or Lyft Rider Accident Victims
Under the laws of the State of Illinois, as well as the City of Chicago Municipal Code, rider victims of a Chicago ridesharing accident may be able to seek damage claims based on various state laws and court case precedent that allows those responsible for the Uber or Lyft crash to compensate the accident victims and their loved ones.
These legal claims may involve the ridesharing driver based upon driver negligence as well as negligence on the part of Uber or Lyft, or other drivers, along with claims of product liability, premises liability, wrongful death, and more. The driver of the Uber or Lyft may be only one of the reasons that the rider has suffered bodily harm in a ridesharing accident.
Ridesharing drivers that are involved in motor vehicle accidents where Chicago riders are hurt may be responsible for the damages suffered by the accident victims as well as others who under the law are also legally liable for the ridesharing crash and its consequences.
Legal advocates with experience involving ridesharing services like Uber or Lyft in Chicago can help investigate and assess the possible claims for damages involving the actions or failures to act by the ridesharing driver and other parties.
For more see:
- Things Chicago Accident Victims Need to Know About Rideshare Insurance Coverage After an Uber or Lyft Crash
- Chicagoland: 5 Things To Do If You are in an Uber or Lyft Ridesharing Accident
- Chicago Uber and Lyft Ridesharing Accident Cases are Different
- Uber Accidents in Chicago: The Growing Danger of Serious Injury in an Uber Rideshare Car Crash
- Uber or Lyft Crashes: Liability in Ridesharing Accidents
- Chicago Uber and Lyft Ridesharing Accident Cases are Different from Other Illinois Motor Vehicle Accident Claims
- Lyft or Uber Driver Car Crash: Liability in Rideshare Driver Accidents
- Ridesharing Assaults: Claims for Injuries During Uber or Lyft Ridesharing Car Service
- Ridesharing Accidents: Claims for Injuries during Uber or Lyft Ridesharing Car Crash
- Ridesharing Accidents in Indiana and Illinois: Uber and Lyft Injury Claims.
Ridesharing is a great service that helps both the gig driver and their riders here in Chicagoland. However, those choosing to use Uber or Lyft need to understand the duties and risks undertaken by the ridesharing driver especially in our congested and often dangerous Chicago traffic. Please be careful out there!
