Q: Civil Case Against UBER Techs, Rasier LLC and the Drivers Negligence caused my accident in Illinois. To my Son and I.
December 24th, 2017 @ 7:03 the driver sped thru the intersection failing to stop at all and with speed. I drove through my intersection w/ no stop sign and I t-boned the driver with passenger through the UBER app. Driver was driving with 2 moving violations of speeding over 15 mph within that year and another moving violation that year. I feel the Driver was negligent in his driving as his record shows. His record also showed he was not fit to drive and owed a heightened duty. Close to filing this suit and probably through litigation starting soon. Any word of advice? any case law to use? I suffered multiple injuries above the 1M liability, an approximate of 400k in medical and seeking 750k for pain and suffering as I tried to kill myself from depression and PTSD. Fractured L3-L4, Double Shoulder surgerys and ongoing physical therapy! Please Help?!
A: Your case should be postured to file suit soon based on your fact description. I would urge you to hire an experienced attorney if you haven't done so already. The "Driver's" traffic violation records may not come in as evidence necessarily and will likely be challenged as to relevancy. There could be a impactful argument made based on the Driver's past bad acts as a case of negligent hiring by Uber. Most importantly is what you described as this Driver running a stop sign or light at a partially controlled intersection, speed of the Driver's vehicle and yours on impact, and your son's and your injuries, other damages, including lost time from work, loss of normal life, pain and suffering past and future, medical bills, past and future, etc.
A: You may be exceptionally talented but you do not have the training and experience to properly prepare this case for trial. You probably also lack adequate resources to fund the preparation. Hire an experienced attorney to work the case up. I understand that you had suicidal ideations. Other considerations are wage loss, wage differential, cost of future medical care, whether you have applied for SSDI, whether you had health insurance, and any injury that your son may have sustained. We would welcome the opportunity to explain how we can help you without any cost or commitment. Please call us at 312-465-2914.
I'm getting the idea you are thinking of doing this yourself.
That is not a good idea. First, the whole concept of corporate responsibility in the era of uber/lyft is still being litigated. Secondly, you will have experts to hire and use. That requires expertise. Finally, you need to pay attention to your orthopedic complaints. The PTS and resulting fallout may seem bigger to you, but insurance companies tend not to take it that seriously and will do what they can to poke holes in it.
You may, finally, have a crashworthiness issue depending on the severity of your injuries, and a question about whether Uber or Lyft should call for automatic braking etc. All of this requires counsel with complex litigation experience.
Contact a member of the Illinois Trial Lawyers Assn/Assn for Justice that handles truck wreck and bus wreck cases. They are all about expertise on issues of corporate driver selection, training, etc.
As Mr. Kreisman, Mr. Candiano, and Mr. Munsing have already pointed out in generous detail and substance, this is a complex case. The decision is yours to make as to how to handle it, but you would very likely benefit from at least a consultation with an Illinois personal injury attorney. Many provide free consultations and the general manner of handling these types of cases is typically under a contingency fee arrangement. Each attorney you might speak with could present different terms according to their retainers, but contingency in general means the attorney gets paid only upon achieving a favorable award through settlement or jury verdict. Good luck
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