Rideshare services are extremely popular in our part of the country, particularly in our urban areas. RideGuru, for instance, lists not only the well-known Uber and Lyft serving Chicago, but also services like Arro; Blacklane; Carmel; Curb; Talixo; Via; and Zum. Yelp reports several rideshare services in Indianapolis, including Uber; Lyft; Airport Rides by Linda; zTrip; AAA Hoosier Cab; JB Multiple Services; Indygo Public Transportation; and EZ Transportation.
What is the Liability Difference in Using a Rideshare Service?
Rideshares compete with public transportation (think buses, trains) and with taxi companies (like Yellow Cab Company, operating over 1000 taxis in Chicagoland). Using an app, a rider books a ride with the rideshare service which is usually cheaper and faster than metered taxi fares. No need for cash: payment is made via the app. Independent drivers using personal vehicles provide transportation for the rider.
However, rideshares are riskier from a legal liability standpoint as a passenger. Taxi companies have been around for many years, and are heavily regulated by federal, state, and local laws as “common carriers.” This provides more duties of safety and care than services not deemed to be a “common carrier.” The injured victim is provided legal claims for damages not only against the driver but against the company (carrier); there is specifically defined corporate liability exposure in the event the customer is hurt while using their transportation services.
In 2024, legislation was passed that brought rideshares under the legal umbrella of “common carrier” safety for riders in Illinois. See, “Martwick Measure to Hold Rideshare Companies Accountable Signed Into Law,” published by the Illinois Senate Democrats on August 11, 2023. However, this is not true in the Hoosier State: ridesharing companies are still not considered “common carriers” under Indiana law. See, IC 8-2.1-19.1 et seq.
This distinction is important for riders who may be harmed during their rideshare experience when they pursue claims for damages under state personal injury law.
For more, read our earlier discussions in: Uber or Lyft Crashes: Liability in Ridesharing Accidents and Things Chicago Accident Victims Need to Know About Rideshare Insurance Coverage After an Uber or Lyft Crash.
Five Tips to Stay Safe When Using Rideshare Services:
While the legal duties of safety and care may be defined differently in Illinois and Indiana, the reality is that anyone using Uber, Lyft, or any other rideshare service should be alert to the dangers that come with these apps. Not only can riders be victims of an accident, but they may also be hurt in an intentional act (like an assault).
Here are five safety tips for rideshare riders, recognizing that the duty to keep them safe remains with the driver and the company providing services to them:
1. Waiting for the Ride
When you have chosen the rideshare service, you have to wait for the driver to get to where you are. It may be tempting to get outside, stand at the curb, holding your phone. The faster you are seen, the faster you get to where you’re going, right? However, this can make you vulnerable to evildoers, especially if you are surfing your phone while you wait. Instead, wait indoors. Make sure you are in a well-lit area. Try and not stand at the curb until you are sure the driver is arriving.
2. Make Sure That Is Your Driver
It is vital to know that you are getting into the right vehicle. Check that the vehicle (make, model, license plate) and the driver (name, photo in the app) match the app booking. Ask the driver for the name of the passenger before you get in the vehicle. This is particularly important when you are at an airport, stadium, etc. or other popular, crowded urban location.
3. Wear Your Seatbelt
It is not being paranoid or discourteous to buckle up in a rideshare vehicle. Safety belts save lives, and this is true for those in the backseat as well as the front. Motor vehicle accidents are a sad reality in our urban areas, often catastrophic and always unexpected. Be safe. Buckle up.
4. Use the Share Ride Feature
Within the rideshare app, there should be a “share feature.” This lets you connect with someone you trust who can follow not only your ETA but the entire trip route. See, How to Share Ride Info, published by Lyft.com.
5. Keep Your Phone Charged and Ready to Use
Trust your instincts. If things seem wonky as you are riding, then your phone can be invaluable to you. Take screenshots; use your navigation app to follow the route so you can be aware of unexpected turns or deviations; be ready to use the app’s “help” feature to get assistance. Ask the driver to pull over and get out of the vehicle if things seem dangerous, and call 911.
For more, see “Ways to Get Home Safely,” published by the National Highway Traffic Safety Administration; and Tips for Rideshare Passengers published by RAINN.
Riders Hurt During a Rideshare Trip: Claims for Damages
Using rideshares is very popular today, from someone coming home from O’Hare to grandma taking a trip over to see the grandkids in Indianapolis. Lots of people prefer them to the traditional cab rides or train trips. However, there are dangers that come with using these transportation apps.
Anyone hurt during a rideshare has legal rights to investigate and pursue. These situations can be complicated, because there may be more than one insurance policy that covers the incident, and more than one person or entity who is legally liable for the harm.
Uber, Lyft, and other rideshare app companies are notorious for arguing they are limited in liability in these matters, with the rideshare drivers operating as independent contractors and not employees. See, Groff, Amy L., Paul Callegari, and Patrick M. Madden. “Platforms Like Uber and the Blurred Line Between Independent Contractors and Employees.” Stat 2010 (2023).
For any rideshare passenger injured during a trip, having an experience advocate to help them investigate those responsible and assert their rights for civil damages can be important.
For more, read:
- Chicagoland: 5 Things To Do If You are in an Uber or Lyft Ridesharing Accident
- Lyft or Uber Driver Car Crash: Liability in Rideshare Driver Accidents
- Uber Accidents in Chicago: The Growing Danger of Serious Injury in an Uber Rideshare Car Crash.
Rideshare riders need to be savvy when they choose an app and take their trip. Rideshares can be smart and fast and efficient, but they do come with risks. Please be careful out there!
