Rideshare Accidents Involving Pedestrians: Who Pays?

Every day, Chicago residents hail hundreds of thousands of rides via apps like Uber and Lyft. Ride-hailing services have made it fast and easy for busy city-slickers to get where they want to go, but what happens when a casual Uber ride results in a pedestrian-involved traffic accident?

We often receive questions about who is responsible for collisions involving rideshare vehicles, and pedestrian crashes often pose additional challenges for injured victims and their families. Here’s a brief overview of how courts and insurers determine liability in rideshare accidents involving pedestrians and an explanation of how an experienced car accident attorney can help injured parties recover the damages they deserve when a crash is outside of their control.

How common are rideshare accidents?

While Uber and Lyft both report that the vast majority of rides taken on their platforms result in no significant safety incidents, the potential for danger exists while traveling in motor vehicles. Accidents can range widely in severity, but even minor fender-benders can cause long-term physical, emotional, and financial damage.

Are ride-hailing apps dangerous for pedestrians?

The risks associated with rideshare accidents may increase even more in the event that a collision involves a pedestrian. Chicago sees its fair share of foot traffic every day, but with more rideshare vehicles on the road, pedestrians may find themselves encountering potentially dangerous situations on crowded streets. In fact, a recent study suggests that the growing popularity of rideshare services has contributed to a 3% increase in traffic fatalities across the U.S. for both motorists and pedestrians.

There are many different factors and scenarios that may contribute to an increased likelihood of pedestrian accidents in rideshare-heavy areas. Some common causes of pedestrian accidents include:

• Inadequate infrastructure/lack of pedestrian refuge islands
• Poor maintenance
• Damaged sidewalks and pedestrian walkways
• Drivers traveling at excessive speeds
• Insufficient signage
• Poor lighting
• Excessive crossing distances
• Poor visibility/drivers failing to check blind spots
• Unsafe left turn maneuvers
• Drivers failing to yield to pedestrians

These hazards can become more common and dangerous when streets become more crowded with rideshare vehicles driven by hurried drivers. Congested streets are notoriously dangerous, and drivers from all walks of life may be more likely to engage in risky behaviors while navigating dense vehicle and pedestrian traffic.

Who is liable for a rideshare accident?

In a traditional car accident, the driver who causes the crash usually bears legal and financial responsibility. However, when a case involves a rideshare driver, liability may not be quite as straightforward. That’s because rideshare drivers often have liability insurance through their rideshare companies, but coverage is contingent upon whether or not the driver was technically “on the clock” at the time of the crash.

Here’s an overview of how rideshare liability insurance usually works:

1.   Coverage when drivers are offline

Just because a driver technically uses their car for work does not mean they are on the clock every time they get behind the wheel. If a rideshare driver causes an accident when they are offline, their personal auto insurance policy should provide coverage according to their policy’s specifications.

If you are a pedestrian and you are hit by a motorist who claims they are working for a rideshare service, you’ll want to confirm whether or not they were actually logged in for work at the time of the crash or if they were driving for personal reasons.

2.   Coverage when drivers are online

Sometimes, rideshare drivers are technically online but not actively completing a trip. If a crash occurs while a driver is online and available, they may be covered by their rideshare company’s liability insurance policy, but to a lesser degree than if they were driving a customer at the time.

Uber and Lyft both provide minimum coverage of $50,000 per person and $100,000 per accident for cases that result in injuries and $25,000 of coverage for property damage. Some rideshare services like Uber also offer additional insurance options that specifically cover drivers in the event that they are injured in an accident while on the clock.

3.   Coverage when drivers are completing a trip

Once a rideshare driver initiates a trip, the full extent of their liability insurance kicks in. Whether a driver is en route to pick up a customer or actively completing a ride, they are covered by up to a $1,000,000 combined single limit amount for property damage and personal injury in the event of a crash.

This coverage applies specifically to damages and injuries suffered by riders and third parties when the rideshare driver was at fault at the time of a crash.

These variations in liability coverage can prove vital in the event that a pedestrian is involved in a rideshare accident. If investigators determine the driver was at fault for the crash, the injured pedestrian may be able to seek compensation through the driver’s liability insurance for a variety of accident-related damages.

What compensation can an injured pedestrian recover?

If you’ve been injured in a rideshare-related pedestrian accident, the immediate and long-term costs associated with your injuries can rapidly pile up and leave you in a difficult financial position. Filing an insurance claim can help you recover some of the compensation you need to cover costs and lay the foundation for a more manageable financial future.

Pedestrians involved in rideshare accidents commonly seek compensation for economic and non-economic damages, including:

• Medical expenses
• Hospital bills
• Lost wages
• Decreased capacity to work
• Physical pain and suffering
• Emotional distress
• Therapy costs
• Rehabilitation expenses

Sometimes, insurance claims are sufficient to help injured victims cover their expenses. However, if damages exceed the limits of the driver’s liability insurance policy, the injured pedestrian may need to consider additional legal options, such as filing a personal injury claim.  An experienced rideshare accident attorney can help you understand all the options available in your case and support you while communicating with rideshare companies, insurance agents, or other legal professionals.

Final thoughts

While the city of Chicago has committed itself to enhancing safety for pedestrians, the growing number of rideshare drivers on our local streets definitely poses new risks for pedestrians. When a pedestrian is injured in a rideshare accident, it’s important that they take steps quickly to protect their rights and hold the right people accountable.

Commercial liability policies can help to offset the hefty costs associated with pedestrian accidents, but these cases can prove tricky in the absence of reliable legal support. The team at Gainsberg Injury and Accident Lawyers has been fighting for Chicago injury victims for over 25 years and is committed to delivering the best possible legal support.

If you or a loved one has suffered an injury as a pedestrian and you believe a rideshare driver was to blame, give us a call today or contact us online to schedule a free consultation with a member of our local team. We’re standing by to learn more about your case and explore all of the options that might be available to help you seek accountability.