Can You Sue Your Rideshare Driver for Negligent Driving?

Rideshare services like Uber and Lyft have transformed how millions of Americans travel every day. With convenience comes risk: when a rideshare driver behaves negligently and causes a crash, the legal responsibilities and potential for a lawsuit can become complex. This blog explains your legal rights, how liability works, key statistics about rideshare safety and accidents, and what victims should do to secure compensation after negligent driving.

“Victims of negligent driving, whether in a personal vehicle or a rideshare, have the same legal rights. Insurance companies and rideshare platforms may complicate recovery, but with the right legal strategy, injured people can secure full and fair compensation.” — John J. Malm, Naperville car accident attorney

Understanding Rideshare Negligence

“Negligence” in the context of ridesharing means that a driver failed to exercise reasonable care on the road, and that failure caused harm to another person. Common forms of negligent driving include:

Speeding or reckless driving
Distracted driving (using phone or rideshare app)
Driving under the influence of alcohol or drugs
Failure to obey traffic laws
Fatigued driving

A negligent driver can be held civilly liable in a personal injury lawsuit if the plaintiff proves:

The driver owed a duty of care,
The driver breached that duty,
The breach caused a crash, and
The crash resulted in compensable losses (medical bills, lost wages, pain and suffering).

Rideshare drivers have the same duty of care as any other driver on the road, but accidents involving them often involve additional insurance and liability layers.

Rideshare Accident Statistics

Rideshare vehicles are involved in a significant number of crashes each year, though the total number is difficult to calculate because not all incidents are reported publicly.

Key Safety Data

A University of Illinois Chicago study found that about one-third of surveyed U.S. rideshare drivers had been in a crash while working.
Research indicates that ride-hailing services are associated with a 2–3% increase in U.S. traffic fatalities annually, which translates to nearly 987 additional deaths each year.
A 2026 statistical analysis estimates that Uber vehicles had a fatal crash rate of approximately 0.87 per 100 million miles traveled and Lyft had about 0.94 per 100 million miles, with rideshare drivers facing a 73% higher accident involvement rate than the general driving population due to increased time on the road.
In the most recent reporting period (2021–2022), Uber’s reported fatal crashes rose 40% compared to previous years, while Lyft’s fatal crashes increased about 31%.

Despite the fact that most rideshare trips end safely (Uber and Lyft report safety percentages above 99.9%), when negligent behavior contributes to serious collisions or injuries, victims deserve legal recourse.

Who Can You Sue After a Rideshare Accident?

1. The Rideshare Driver

If a rideshare driver’s negligent actions caused your accident, such as speeding, distracted driving, or failing to stop at a red light, you can generally file a lawsuit directly against that driver for damages.

2. The Rideshare Company

Rideshare companies like Uber and Lyft typically classify drivers as independent contractors, not employees. That classification often limits “vicarious liability” (the legal responsibility of a company for its driver’s actions).

However, in some situations the company itself can be held liable:

Negligent hiring or screening (e.g., allowing drivers with reckless or unsafe histories onto the platform)
Failure to supervise drivers or take reasonable safety measures
Faulty app design or inadequate safety warnings
Falsely representing driver safety records or protections

A recent federal jury decision in Arizona found Uber liable for a sexual assault committed by a driver, ruling that the driver was an “apparent agent” of Uber, exposing the company to liability. Although that case involved assault, it highlights how companies can be held accountable when their policies or practices contribute to harm.

3. Third Parties

If another driver caused the crash (even if the rideshare vehicle was involved), you may pursue compensation from that driver’s insurance or through an uninsured/underinsured motorist claim if necessary.

Insurance Coverage and Liability

Rideshare liability insurance varies depending on what the driver was doing at the time of the crash.

Typical Insurance Tiers:

App Off (Driver Not Available for Rides): The rideshare driver’s personal insurance is responsible.
App On, Waiting for Ride Request: Rideshare companies typically provide contingent liability coverage, such as $50,000 per injured person and $100,000 per accident for bodily injury.
Ride Accepted or Passenger Onboard: Uber and Lyft generally provide a $1 million liability policy that covers injuries and damages arising from the incident.

The interplay between a driver’s insurance and the rideshare company’s policy often affects how claims are processed and which parties are ultimately responsible for payment.

Common Types of Damages in Rideshare Negligence Lawsuits

When you sue a negligent rideshare driver, you may seek a variety of damages, including:

Medical expenses (past and future)
Lost income and reduced earning capacity
Pain and suffering
Emotional distress
Permanent disability or scarring
Loss of enjoyment of life

Compensation aims to make you whole financially and emotionally after someone else’s careless actions upend your life.

How an Illinois Rideshare Accident Lawyer Can Help

Rideshare accident claims involve layers of insurance, complex liability issues, and varying company policies. Hiring an experienced personal injury attorney can make a substantial difference in the outcome of your case. A skilled Illinois car accident lawyer can:

Investigate the crash and gather evidence
Determine whether company policies contributed to negligence
Maximize the value of your claim
Handle negotiations with insurers
Prepare your case for trial if needed

Frequently Asked Questions about Lyft and Uber Accident Claims

Q: Can I sue Uber or Lyft directly for my injuries?

A: Sometimes. If the company’s own actions, like negligent hiring, inadequate background checks, or unsafe policies, contributed to your injuries, you may have a claim against the rideshare company in addition to the driver. In most cases, if the driver caused the crash, you can sue the driver directly and also pursue available rideshare insurance.

Q: What if the rideshare driver wasn’t logged into the app?

A: If the driver wasn’t on the clock (app off), company insurance may not apply, and liability typically falls to the driver’s personal auto policy. You can still sue the driver, but you may have to pursue their personal insurance for recovery.

Q: What is the statute of limitations for suing a rideshare driver?

A: In Illinois, you generally have two years from the date of the accident to file a personal injury lawsuit. Missing this deadline usually means losing your legal right to recover.

Q: Can passengers and non-passengers both sue?

A: Yes. If a rideshare crash injures a passenger, pedestrian, bicyclist, or another motorist, each injured party may pursue their own claim against the negligent driver and other responsible parties.

Contact the 5-Star Rated Illinois Rideshare Accident Lawyers at John J. Malm & Associates

Rideshare accidents can leave victims with devastating injuries, mounting medical bills, lost wages, and long-term physical and emotional consequences. Whether your case involves a negligent rideshare driver, another motorist, or questions of company liability, you should not have to fight for compensation on your own.

If you or a loved one has been injured in a rideshare accident caused by negligent driving, contact John J. Malm & Associates today. Our experienced Illinois Uber and Lyft injury attorneys will thoroughly investigate your case, fight for every dollar you deserve, and guide you through the legal process with clarity and confidence.