Kane County Rideshare Accident Lawyers

Kane County Rideshare Accident Attorney

The Kane County rideshare accident lawyers at Franks Gerkin Ponitz Greeley understand the unique challenges and complexities that come with rideshare accident claims. Whether there are challenges with the rideshare company insurance policy or you have just been in an accident and are unsure of how to proceed in a manner that protects your rights and provides a fair path forward, we are here to help.

Rideshare accidents often involve intricate legal and insurance issues that can differ from typical car accidents. With the rapid growth of rideshare services, such as Uber and Lyft, understanding your rights and personal protections available is now more important than ever. As you work towards healing, in whatever way that looks like, our team of injury attorneys is here to help you secure the compensation and justice you deserve.

What You Should Know About Rideshare Accidents

While ridesharing apps offer convenience and accessibility, there are certain dangers and risks that users should be aware of. Potential safety concerns include the thoroughness of driver background checks. Though rideshare companies often conduct background checks on their drivers, it is not always foolproof as there have been instances of drivers with serious criminal records or poor driving histories getting hired by these apps.

Ridesharing apps also collect a significant amount of personal data from their users. This includes a user’s location, payment information, and travel habits. This data can be vulnerable to breaches or misuse. The continuous tracking of your location can be a concern for privacy-conscious individuals. While this may not be a high concern to some, it should be a consideration that users are aware of before opting into these services.

What You Should Do Following a Rideshare Accident

In the moments following a ridesharing accident, it is crucial to take specific steps to not only ensure your own personal safety but to also protect your rights and set yourself up for a successful claims process, should that be necessary to cover the losses you endure due to injuries and damages. Below are steps that may be helpful to conduct in the event of a rideshare accident:

  • Check for Injuries: Examine yourself and others involved in the accident for any injuries. If you are in a compromising area, such as the middle of a busy intersection, move to a safe location, like the side of the road, to avoid further damage and injury.
  • Contact Emergency Services: If you or others have sustained injuries, even if the symptoms appear insignificant, contact emergency medical care. Some serious injuries may not present as initially serious. Also, contact local law enforcement to ensure a police report is created. This can serve as a helpful piece of evidence if you choose to pursue legal action down the line.
  • Exchange Contact Information: Gather contact information from the rideshare driver and other parties involved in the accident, including witnesses. This can include names, phone numbers, emails, insurance information, driver’s license numbers, license plate number, and other relevant details.
  • Document the Accident Scene: If you are able, take photographs and videos of the accident scene. Be sure to include traffic signals, road conditions, vehicle damage, and visible injuries. This can be used as reliable evidence as you work towards fair compensation for your losses.
  • Report The Accident With the Rideshare Company: Use the rideshare app’s built-in accident reporting feature or contact their customer service to report the accident.
  • Contact Insurance: Speak with your own insurance provider about the accident, even if you were the passenger. This can help to ensure insurance coverage in case the driver’s insurance is, for some reason, unreliable. File a claim with the rideshare company’s insurance policy. If the driver was at fault for the accident, file a claim with the driver’s personal insurance company.
  • Speak With a Rideshare Accident Lawyer: Consider reaching out to a trusted rideshare accident attorney. They can assist in navigating the claims process, negotiating a fair settlement with insurance companies, and ensuring that you get fair treatment following an accident.

How Can a Rideshare Accident Lawyer Help?

A rideshare accident lawyer can provide vital and essential support for individuals who experience damages as a result of the accident. If you have been injured or experienced any type of loss in an accident, your attorney acts as your legal advocate while they pursue legal action to ensure you receive the compensation and justice that you deserve. The following are essential ways your rideshare accident lawyer can help:

  • Case Evaluation and Consultation: In your initial meetings with your lawyer, they will take time to understand the circumstances of the accident as well as your specific needs and goals relating to your recovery and justice. They will provide you with the details you need to move forward. This can include helping you understand if you have merits to pursue legal action or if other steps towards resolution are needed. Your lawyer will ensure that you understand your rights and responsibilities and remain available to answer any questions or concerns that you hold.
  • Legal Strategy and Investigation: Attorneys will conduct a thorough accident investigation to determine fault and gather any evidence that supports your claim. They will collect helpful information that legitimizes your claim, such as police reports, medical records, witness statements, and accident scene photos. With the information obtained from their investigation, your attorney will craft a thorough legal strategy that uplifts the validity of your case.
  • Calculating Damages: Your attorney will calculate your total losses and damages and ensure all potential types of compensation are considered and included in your legal claim. All losses, including economic and non-economic damages, will be considered in their calculation.
  • Navigating Negotiations With Insurance Companies: Your attorney will assist in all conversations and negotiations with insurance companies. This prevents the insurance company from attempting to trick you into admitting fault or other admission that could reduce the amount you are owed. The attorney will address any denied or undervalued claims, using legal strategies to challenge incorrect decisions made by the insurance companies.
  • Legal Representation: Your rideshare lawyer will represent you in court if a fair settlement is not agreed upon with insurance companies and litigation becomes necessary. Your attorney will advocate on your behalf throughout the legal process, presenting your case in front of a judge and jury effectively to achieve an ideal and fair outcome.
  • Administrative Support: Throughout the process, your attorney will prepare and file all necessary legal documents, ensuring deadlines are met and procedures are followed closely.

Injury attorneys can be an invaluable ally in ensuring that you receive fair compensation and that your legal rights are protected throughout the process. Their experience, negotiation skills, and dedication to your case can significantly impact the outcome, helping you recover both physically and financially from the accident.

Why You Should Choose Franks Gerkin Ponitz Greeley

At Franks Gerkin Ponitz Greeley, we stand for justice. Our lawyers have worked locally in Illinois for over 50 years and consider ourselves to be your trusted family law firm. As a small team of local attorneys, we have a strong allegiance to our fellow residents in Kane County, Illinois.

We treat each case with personalized attention and an understanding that each accident and injury is unique. With a thorough understanding of the latest rideshare regulations and insurance policies, we ensure our clients receive knowledgeable and up-to-date representation.

Our team works on a variety of cases, including the following:

We can serve as your legal advocates for almost all of your legal needs. We care about our client’s well-being and the well-being of our community at large. You can remain confident that in choosing to work with us, your interests become our interests. We will fight relentlessly to see that justice is pursued by fighting for appropriate financial compensation from the at-fault parties.

Key Safety Tips for Using Rideshare Apps

As users of rideshare apps, we want to trust that the companies that we are entrusting our data and safety to will perform their function in a fair and safe manner. Unfortunately, even the most well-intentioned services have risks and concerns associated with their use. This makes it essential that as users of these services, we continue to think logically and find ways to protect ourselves.

A primary way to ensure safety in a ride is to verify your driver and their vehicle. It is not an uncommon occurrence for a rideshare app user to hop into the wrong vehicle because they did not examine the driver’s name or vehicle details such as the license plate number. Another way to ensure your safety is to use the “share your ride” app feature where you can share in real-time the status of your drive. This ensures safe monitoring of your progress.

While rideshare drives are a nice method to enjoy peace and calm as you do not have to navigate busy streets and highways, it is helpful to monitor the route being taken via the app to ensure that the driver is following the correct path. Ultimately, trust your instincts. If you feel unsafe at any point, ask the driver to stop and exit the vehicle. Your safety is always worth the extra precaution.

FAQs

Q: How Long After a Rideshare Accident Can You Sue in Illinois?

A: You have two years following a rideshare accident that led to injuries to pursue legal action in Illinois. Illinois has a statute of limitations, or legal deadline, in which injured individuals are legally allowed to take legal action for personal injuries that allows two years from the date of the injury. Rideshare accidents will generally fall under personal injury law and must adhere to all related laws and regulations.

Q: Does Rideshare Insurance Cover Me as a Passenger?

A: Yes, rideshare companies typically provide insurance coverage for passengers during the ride. This generally includes liability coverage, collision coverage, uninsured/underinsured motorist coverage, and contingent comprehensive coverage. If you have been involved in an accident while using a rideshare service, it is important to speak with a personal injury lawyer to get the support you need to receive a fair settlement amount.

Q: Is Illinois a No-Fault State for Rideshare Auto Accidents?

A: Illinois is not a no-fault state for auto accidents, including rideshare accidents. Instead, it follows a traditional fault-based system in which the driver who is found to be at fault for an accident is responsible for compensating the injured parties for their damages.

Rideshare companies, like Uber and Lyft, typically provide insurance coverage for their drivers which can cover an accident depending on the driver’s status at the time of the accident. The insurance coverage can vary depending if the driver was waiting for a ride, on the route to pick up a passenger, or carrying passengers.

Q: Can I Sue a Rideshare Company After an Accident?

A: Yes, you can potentially take legal action against a rideshare company after an accident, but it can pose significant challenges due to the classification of drivers as independent contractors rather than employees. Circumstances, where legal action may be successful, are accidents due to inadequate vehicle maintenance, rideshare app system malfunctions, rideshare insurance company disputes, and proven negligence by the rideshare company. To understand your options after an accident, speak with a rideshare accident attorney.

Q: What Kind of Compensation Can I Receive After a Rideshare Accident?

A: There are several types of compensation you can receive after a rideshare accident, depending on the circumstances of the accident and the extent of the injuries and damages suffered. The main types of compensation you can receive include the following, if applicable to your situation: economic losses, non-economic losses, and punitive damages. By taking time to understand the types of compensation available, you can take the proper steps post-accident to ensure that you receive a fair settlement amount.

Speak With the Injury Attorneys at Franks Gerkin Ponitz Greeley Today to Receive the Legal Care You Need

Rideshare accidents can be especially challenging and stressful for a passenger. It can be challenging to know how to respond and what resources to engage with to ensure your fair and just treatment after the event. Reach out to the injury attorneys at Franks Gerkin Ponitz Greeley today to set up a consultation. Together we will evaluate your situation and determine what options you have in moving towards full compensation for your total losses.