Lyft Accident Wrongful Death Lawyer

Compensation Following Fatal Lyft Accidents

When a family loses someone in a fatal Lyft crash, the first questions are usually who can legally bring a claim and what the family is entitled to recover. Under Illinois law, the personal representative of the deceased person’s estate files the claim, and the surviving spouse and next of kin recover compensation for their loss.

A fatal rideshare accident along Chicago’s highways, like the Dan Ryan Expressway or Edens Expressway, leaves a devastating financial and emotional toll. A Lyft accident wrongful death attorney from our firm can help you recover compensation for the financial burden while protecting your privacy so your family can heal. Contact us today for a free initial consultation about a rideshare crash claim.

If your loved one survived their injuries and you’re looking for help with an active injury claim rather than a wrongful death case, our Lyft accident injury page covers that process. This page focuses specifically on fatal Lyft accidents and wrongful death claims.

Who Can File a Wrongful Death Claim Following a Fatal Lyft Accident?

A wrongful death claim is not filed by each grieving family member individually. Under the Illinois Wrongful Death Act (740 ILCS 180/), the claim must be filed by the personal representative of the deceased person’s estate. This is usually the person named as executor in the will. If your loved one did not leave a will, the probate court will appoint someone, often a spouse or adult child, to serve in this role.

The personal representative files a single lawsuit on behalf of the whole family. The court then divides any compensation recovered among the surviving spouse and next of kin, based on how much each person depended on the deceased financially and emotionally. Generally, the order of priority is:

• Surviving spouse
• Then children
• Then parents
• Then other next of kin who relied on the deceased, such as siblings or grandparents raising the deceased’s children

This process covers families across a wide range of fatal Lyft crashes. The Illinois Wrongful Death Act applies when the person who died was a:

• Lyft driver or passenger
• Driver or passenger of another vehicle
• Motorcyclist
• Pedestrian
• Bicyclist
• Bystander or other third party

If you’re unsure whether you qualify as next of kin, or who should serve as personal representative for your family, our Chicago Lyft wrongful death lawyers can walk you through it during a free consultation.

Wrongful Death vs. Survival Claim: What’s the Difference?

Families in a fatal Lyft accident case often have two separate legal claims available, and understanding both can significantly affect the total compensation recovered.

A wrongful death claim (740 ILCS 180/) compensates the family for what they lost after their loved one died: financial support, companionship, guidance, and the grief of losing them.

A survival claim (755 ILCS 5/27-6) is different. It compensates your loved one’s estate for what they went through in the time between the crash and their death, things like their pain and suffering, their medical treatment, and any income they lost while they were still alive.

In Illinois, families typically bring both claims together in a single lawsuit. Filing a survival claim alongside a wrongful death claim can increase the total compensation available to the family, since the two claims cover different types of loss. Our firm reviews both options for every fatal Lyft case we handle.

What Types of Insurance Cover Fatal Car Accidents Involving Lyft?

Liability coverage depends on when and how the rideshare accident occurred, as well as the driver’s status at the time of the crash.

Lyft Driver’s App Status at the Time of Crash

Though rideshare drivers are independent contractors, the Lyft liability insurance policy covers accidents involving on-duty drivers. There are three statuses, each with a different level of coverage.  (For a full breakdown of how these tiers work in non-fatal Lyft accident claims, see our Lyft insurance requirements page.)

Logged Off the App

Lyft drivers must maintain personal insurance. If the Lyft app is off, then the driver’s personal auto insurance will cover the accident. In Illinois, the minimum limits are $25,000 per person or $50,000 per crash for bodily injury (625 ILCS 5/7-203) and $20,000 per accident in property damage (625 ILCS 5/7-203). Unfortunately, those who suffer fatal injuries often need more substantial coverage, as their surviving family members will have much higher economic losses.

Logged In but Waiting for a Trip

If the driver is logged into the rideshare app but does not have a passenger, Lyft provides the following insurance policy limits:

• $50,000/person for bodily injury
• $100,000/crash for bodily injury
• $25,000/crash for property damage

En Route to Pickup or Carrying a Passenger

Crashes involving rideshare vehicles have much higher policy limits than personal automobiles. Lyft offers up to $1,000,000 in third-party liability coverage. However, rideshare companies will fight to avoid paying full compensation, making it crucial that you have an attorney to negotiate on your behalf.

Negligent Parties Who May Be Held Responsible

Depending on the case facts, claims could involve:

• Rideshare driver
• Other motorists
• Rideshare company’s insurance

It is much more difficult to hold Lyft liable because the rideshare industry uses third-party contractors. However, we could argue direct liability for negligent hiring or supervision if the driver had a history of reckless driving.

What Damages Can Surviving Family Members Recover in a Wrongful Death Claim Following a Lyft Accident in Illinois?

Our firm will calculate your Chicago Lyft accident claim to ensure you receive a fair settlement that covers all your needs, which can include the following.

Lost Wages

If your loved one did not pass away immediately, we can secure damages for their lost income prior to death. We will also seek damages for the loss of financial support, working with economists to determine what your loved one’s future income may have been.

Medical Expenses

We will calculate your loved one’s medical bills before their death, ensuring you do not have to negotiate with health insurance adjusters.

Funeral and Burial Expenses

Once you have determined how you would like to honor your loved one, we will seek to have these expenses reimbursed. This can include caskets, memorial stones, burial plots, wakes, celebration of life expenses, cremation expenses, and viewing costs.

Household Contributions

Your loved one’s childcare, housekeeping, cooking, and cleaning can all be considered in a settlement, particularly if you now have to outsource these due to disability or grief.

Non-Economic Damages

Grief, loss of companionship, loss of consortium for spouses, and loss of guidance for children are key factors in wrongful death settlements. While no monetary sum can bring back your loved one, we will ensure you have the funds you need to seek counseling and prioritize healing.

How Much Is a Lyft Wrongful Death Case Worth?

Every family asks this question, and understandably so. There isn’t a single number we can point to, because a Lyft wrongful death case’s value depends on several factors specific to your loved one and the circumstances of the crash:

• Your loved one’s age, health, and expected future income
• How many family members depended on them financially and emotionally
• Which Lyft insurance tier applies to the crash. For example, the $1 million policy that applies when a driver is en route to a passenger or carrying one makes far more coverage available than a driver’s personal insurance policy when the app was off.
• The strength of the evidence establishing that the Lyft driver, or another party, was at fault

Our role is to build the strongest possible case on each of these factors, from securing economic projections of your loved one’s future earnings to preserving app data and crash evidence that shows fault. Below, you can see the result we obtained for one Chicago family in a fatal Lyft case involving a $1 million policy.

How Long Do Family Members Have to File a Fatal Lyft Accident Claim in Illinois?

Next of kin have two years after the date of death to file a lawsuit (740 ILCS 180/). It’s crucial to contact an attorney as soon as possible so that we can begin investigating and negotiating. We offer complimentary consultations on a contingency-fee basis, meaning no fee unless we win.

How We Can Help

A Chicago Lyft accident lawyer from our firm will preserve critical evidence, such as surveillance footage, Lyft driver cell phone data, witness statements, and police reports, to establish liability. As members of the Million Dollar Advocates Forum, we have secured positive verdicts and settlements well beyond the state average.

For example, we secured $4,000,000 for the family of Natalie, a passenger heading home to her Gold Coast apartment. Her rideshare driver ran a red light, and the vehicle was T-boned by a cement truck. Natalie suffered a serious head injury and later died at Northwestern Memorial Hospital.

We used dash cam footage, witness testimony, and crash reconstruction specialist reports, showing that the Lyft driver was checking his app to see whether he had any pending requests. We also held the cement truck company liable.

Frequently Asked Questions 

Who can file a wrongful death lawsuit after a fatal Lyft accident in Illinois? 

The personal representative of the deceased person’s estate files it. The compensation goes to the surviving spouse and next of kin, such as children and parents.

How long do families have to file a Lyft wrongful death claim in Illinois? 

Two years from the date of death. It is best to act well before then, because evidence like dashcam and app data can disappear quickly.

What is the difference between a wrongful death claim and a survival claim?

 A wrongful death claim pays the family for their loss; a survival claim pays the estate for what the deceased suffered before passing. Families in Illinois often file both together.

Can you sue Lyft if someone dies in a rideshare accident? 

Often the claim is made against the driver and Lyft’s insurance rather than Lyft directly. When a passenger was on board, Lyft’s $1 million coverage typically applies.

What compensation can a family recover in a Lyft wrongful death case? 

Funeral and burial costs, the loss of the deceased’s income and support, lost household contributions, and non-economic losses like grief and loss of companionship.

How much does it cost to hire a wrongful death lawyer? 

Nothing upfront. These cases are handled on a contingency basis, so the family owes no fee unless the firm recovers compensation.

Book a Free Consultation

Our law firm deeply understands the pain and grief that families face when a loved one dies due to someone else’s negligence. A Chicago Lyft wrongful death attorney from our firm is here to support you, managing the litigation process so that you can prioritize your healing. We will secure valuable evidence, negotiate with insurers, and represent you in court if necessary.

As members of the American Association for Justice and a Super Lawyers®-rated firm, we are passionate about helping our fellow Chicagoans hold negligent Lyft drivers or rideshare agencies accountable.

We work on a contingency fee basis: no legal expenses unless we win. If your family is also dealing with a broader traffic accident case alongside the Lyft claim, our 🔗 Chicago personal injury lawyers can help with that as well. Contact our caring wrongful death attorneys for a free, no-obligation consultation about filing a legal claim.

Legally Reviewed By
Attorney Jonathan Rosenfeld

Content legally reviewed by Jonathan Rosenfeld This page has been reviewed for legal accuracy by Jonathan Rosenfeld, a Chicago personal injury attorney with nearly 25 years of experience representing people injured in car, truck, motorcycle, pedestrian, and rideshare accidents. Jonathan has recovered more than $450 million in settlements and verdicts for injured clients and families in Chicago. He holds a 10/10 rating on Avvo, is a member of the Million Dollar Advocates Forum, and has been repeatedly recognized by Super Lawyers. Jonathan leads the firm’s approach to holding insurance carriers and corporate defendants accountable for serious traffic injuries.

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