Ultimate Guide
Chicago, Illinois
Who is legally responsible when a rideshare accident happens? This guide explains every liability theory — and how we use them to hold Uber, Lyft, and their drivers accountable.
The Basics
Rideshare accidents often involve multiple potentially liable parties. Identifying all of them — and pursuing claims against each — is how we maximize your recovery.
Directly liable for their own negligent driving — speeding, distracted driving, running red lights, DUI.
Directly liable under negligent hiring, negligent retention, non-delegable duty, and direct negligence theories.
If a third-party driver caused or contributed to the crash, they and their insurer are liable.
If a vehicle defect (brake failure, tire blowout) contributed to the accident, the manufacturer may be liable.
If a road defect or dangerous condition contributed, the city or state may be liable — but you have only 1 year to file suit under 745 ILCS 10. Act immediately.
If the driver was also working for another employer at the time, that employer may share liability.
Legal Theories
Uber and Lyft have spent hundreds of millions defending the independent contractor classification. Here are the legal theories that pierce that defense.
Under this doctrine, an employer is liable for the negligent acts of its employees committed within the scope of employment. Uber and Lyft argue this does not apply because drivers are independent contractors — not employees.
When it applies: Applies when courts reject the independent contractor classification. Some Illinois courts have found sufficient control to establish an employment relationship.
A company that hires someone it knew or should have known was unfit for the job can be held directly liable for harm caused by that person. Uber and Lyft conduct background checks — when those checks fail to catch disqualifying history, the platform is liable.
When it applies: Applies when the driver had a disqualifying criminal history, prior DUI, suspended license, or other red flags that the background check missed or ignored.
Even if a driver passes the initial background check, Uber and Lyft receive ongoing complaints from passengers. When a platform receives reports of dangerous behavior and fails to deactivate the driver, they are liable for negligent retention.
When it applies: Applies when Uber or Lyft had prior complaints about the specific driver and failed to act. Prior complaints are discoverable through litigation.
Courts have held that rideshare companies have a non-delegable duty to protect passengers from foreseeable harm. This duty cannot be outsourced to the independent contractor classification.
When it applies: Applies in assault and misconduct cases where driver violence is a known, documented risk on the platform.
Separate from the driver's conduct, Uber and Lyft can be sued for their own negligent acts: designing a distracting app, failing to implement safety features, or ignoring known patterns of dangerous behavior.
When it applies: Applies when the platform's own design or policy decisions contributed to the accident.
Illinois Law
Illinois follows modified comparative negligence (735 ILCS 5/2-1116). You can recover damages as long as you are less than 51% at fault. Your recovery is reduced by your percentage of fault.
Your Fault %
Your Recovery
0%
Full recovery of all damages
10%
90% of total damages recovered
25%
75% of total damages recovered
50%
50% of total damages recovered
51%+
No recovery — barred from suing
Insurance companies routinely try to assign fault to injured parties to reduce payouts. We fight aggressively to minimize any fault attributed to you.
What We See
Common Questions
Liability analysis requires reviewing the specific facts of your accident — the driver's status, their history, prior complaints, and the evidence. We do this for free. Contact us for a confidential case evaluation.