Distracted Driving Is a Leading Cause of Rideshare Accidents
Rideshare drivers face a unique distraction problem. Their job requires them to use a smartphone while driving. They check the app for ride requests, follow GPS navigation, communicate with passengers through the app, and monitor trip details. All of this happens while navigating Chicago’s busy streets.
This built-in distraction makes rideshare drivers statistically more likely to be involved in distracted driving accidents than the average motorist. And when a distracted rideshare driver causes a crash, the consequences for everyone involved can be severe.
How Rideshare Apps Create Distraction
The rideshare business model depends on drivers interacting with their phones constantly. Here is what a typical Uber or Lyft driver does during a shift:
- Accepting ride requests. The app sends requests with a countdown timer. Drivers who do not accept quickly lose the ride. This creates pressure to look at and tap the phone immediately, even while driving.
- Following GPS directions. The app provides turn-by-turn navigation. Drivers must glance at the screen repeatedly, especially in unfamiliar areas of the city.
- Communicating with passengers. Riders send messages about pickup locations, gate codes, or special instructions. Drivers read and respond to these messages while driving to the pickup point.
- Managing multiple apps. Many drivers run both Uber and Lyft simultaneously to maximize their earnings. Switching between apps while driving multiplies the distraction.
- Checking earnings. Drivers monitor their trip earnings, surge pricing, and bonuses through the app during their shift.
Each of these actions takes the driver’s eyes off the road, hands off the wheel, or mind off the task of driving. The National Highway Traffic Safety Administration defines distracted driving as any activity that diverts attention from driving. By that definition, rideshare driving is inherently distracting.
Illinois Laws on Distracted Driving
Illinois has some of the strongest distracted driving laws in the country. Under 625 ILCS 5/12-610.2, it is illegal to use a handheld phone while driving. This applies to all drivers, including rideshare drivers.
The law prohibits:
- Holding a phone to talk, text, or use apps while driving
- Streaming video while driving
- Using social media while driving
Exceptions exist for hands-free use, GPS navigation on a mounted device, and emergency calls. Rideshare drivers can legally use a phone mounted on the dashboard for GPS. But many drivers still hold their phones or interact with unmounted devices while driving.
Chicago has additional local ordinances. The city’s distracted driving laws are aggressively enforced, with fines starting at $100 for a first offense and increasing for repeat violations. Causing an accident while using a phone can result in criminal charges.
How Distraction Affects Liability
If a rideshare driver was using their phone at the time of a crash, that is strong evidence of negligence. Under Illinois negligence law, a driver has a duty to operate their vehicle safely. Using a phone in violation of state law while driving is a clear breach of that duty.
Phone records can prove distraction. Through legal discovery, an attorney can subpoena the driver’s phone records and the rideshare company’s app data to show exactly what the driver was doing on their phone at the moment of impact. This evidence is often the key to proving fault.
Types of Distracted Driving Accidents
Distracted rideshare drivers cause specific types of crashes more often than attentive drivers:
Rear-End Collisions
A driver looking at their phone does not see traffic stopping ahead. Rear-end crashes are the most common type of distracted driving accident. They happen frequently in Chicago’s stop-and-go traffic on roads like Lake Shore Drive, the Kennedy Expressway, and busy downtown streets.
Intersection Accidents
Running red lights and stop signs because the driver was not paying attention. Chicago’s grid system has thousands of intersections where a moment of distraction can cause a serious T-bone collision.
Pedestrian and Cyclist Strikes
A distracted driver may not see a pedestrian in a crosswalk or a cyclist in a bike lane. Chicago’s heavy foot and bicycle traffic makes this risk especially high in neighborhoods like the Loop, Wicker Park, and Lakeview.
Lane Departure Crashes
Drifting into another lane or onto the shoulder because the driver’s eyes were on their phone. These crashes can result in head-on collisions or sideswipe accidents at highway speeds.
Pickup and Drop-Off Accidents
Many rideshare accidents happen when the driver is pulling over to pick up or drop off a passenger. They are focused on finding the exact location on their phone rather than watching for traffic, pedestrians, or cyclists around them. Double-parking, sudden stops, and pulling into bike lanes are common problems.
Proving Distraction in a Rideshare Accident
Proving a rideshare driver was distracted requires specific evidence. Unlike alcohol impairment, distraction does not show up on a breathalyzer. But there are several ways to establish that the driver was not paying attention:
- Phone records. Call logs, text messages, and app usage data can show the driver was using their phone at the time of the crash.
- Rideshare app data. The app logs when the driver interacted with it. If the driver accepted a new ride, sent a message, or checked the app seconds before the crash, that data exists.
- Witness testimony. Other drivers, passengers, or pedestrians may have seen the driver looking at their phone.
- Dashcam footage. If the rideshare vehicle or nearby cars had dashcams, footage may show the driver looking down or not reacting to hazards.
- Police report. Officers at the scene may note phone use or distraction as a contributing factor.
- Accident reconstruction. An expert can analyze the crash scene, vehicle damage, and skid marks to determine whether the driver failed to brake or take evasive action, which is consistent with distraction.
Time is critical with this evidence. Phone records can be deleted. App data may be overwritten. Dashcam footage gets recorded over. An attorney can send preservation letters to Uber, Lyft, and phone carriers to prevent evidence from being destroyed.
Uber and Lyft’s Responsibility for Distracted Drivers
Rideshare companies know their app creates a distraction for drivers. Both Uber and Lyft have taken some steps to reduce distraction, like limiting the number of taps required to accept a ride. But critics argue these measures are insufficient given the inherent distraction of the business model.
While Uber and Lyft classify drivers as independent contractors to limit their liability, they still provide insurance coverage that applies when their drivers cause accidents. The $1 million commercial policy during active rides covers injuries caused by distracted driving.
There is also an argument that the rideshare companies are negligent in their own right for designing apps that encourage phone use while driving. This theory of liability is still developing in courts across the country, but it represents a potential additional avenue for compensation.
Compensation for Distracted Driving Rideshare Accidents
Injuries caused by distracted rideshare drivers are fully compensable under Illinois law. Available damages include:
- All medical expenses related to the accident
- Lost income and reduced earning capacity
- Pain and suffering
- Emotional distress
- Property damage to your vehicle
- Loss of enjoyment of life
In cases involving extreme or reckless distraction, punitive damages may be available. If the driver was livestreaming, watching videos, or engaged in other egregiously dangerous phone use, a jury may award additional damages to punish that behavior.
Protecting Yourself as a Rideshare Passenger
You have a right to speak up if your rideshare driver is using their phone unsafely. You can:
- Ask the driver to put down their phone
- Request that the driver use a phone mount if they are holding the device
- End the ride if you feel unsafe and report the driver through the app
- Rate the driver poorly and note the distracted behavior in your review
If you are in another vehicle and are hit by a distracted rideshare driver, the same principles of car accident liability apply, with the added complexity of rideshare insurance coverage.
Talk to a Chicago Attorney About Your Distracted Driving Rideshare Accident
Distracted driving is negligent driving. If an Uber or Lyft driver was on their phone when they hit you, they are responsible for your injuries. Proving distraction and navigating the rideshare insurance system requires experienced legal help.
Call Phillips Law Offices at (312) 346-4262 or contact us online at /contact/ for a free consultation.