Key Takeaways
- Illinois common carriers owe passengers the highest degree of care, a higher standard than the ordinary negligence that applies to private drivers (Illinois Pattern Jury Instruction 100.01).
- Uber and Lyft are now subject to common carrier liability in Illinois. The 2014 exemption at 625 ILCS 57/25(e) became inoperative on and after January 1, 2024, under Public Act 103-527 (HB 2231).
- Taxicabs and limousines have long been common carriers under Illinois case law. With the statutory exemption sunset, rideshare falls under the same common law rule.
- The rideshare company can be a direct defendant, not just the driver. A common carrier is responsible for how it screens drivers, handles complaints, and safeguards passengers.
- Insurance is unchanged. $1,000,000 primary liability applies from the moment the driver accepts your ride through the end of the trip (625 ILCS 57/10(c)).
- The filing clock is two years for most cases (735 ILCS 5/13-202), one year against a public entity such as the Village of Elmwood Park, the CTA, or Pace (745 ILCS 10/8-101, 70 ILCS 3605/41, 70 ILCS 3615/5.03), and longer for a minor passenger (735 ILCS 5/13-211).
- Trip data ages out fast. App logs, sensor data, and any dashcam footage should be preserved within days, not months.
The short answer
Yes. Under Illinois law today, Uber and Lyft are common carriers. That was not true before January 1, 2024. Illinois passed a law in 2014 that expressly said rideshare companies “are not common carriers,” and that exemption became inoperative at the start of 2024 under Public Act 103-527. With the statutory carve-out gone, rideshare falls back under the common law rule that already covered taxis and limousines. Uber and Lyft now owe passengers the highest degree of care.
The change matters for the standard of care your rideshare accident case is fought on. It also matters because it opens up claims against the company itself, not only the driver.
What “common carrier” means in Illinois
A common carrier is a company that holds itself out to the general public to carry passengers for compensation. Once a passenger boards, the carrier owes them a higher standard of care than an ordinary driver owes another motorist.
Illinois Pattern Jury Instruction 100.01 states the duty: a common carrier “is not a guarantor of its passengers’ safety, but it has a duty to its passengers to use the highest degree of care consistent with the mode of conveyance used and the practical operation of its business.” That formulation traces to Rotheli v. Chicago Transit Authority, 7 Ill.2d 172 (1955), and has framed carrier cases in Illinois for seventy years.
The duty is not open-ended. Illinois courts have decided which conveyances qualify. The pattern jury instruction lists them:
- Planes, ships, buses, and railroads
- Taxicabs (Przybylski v. Yellow Cab Co., 6 Ill.App.3d 243 (1972))
- Limousines (Smith v. Chicago Limousine Service, 109 Ill.App.3d 755 (1982))
- Elevators operated by a business as part of its operation
- Certain amusement devices such as ferris wheels
Escalators, by contrast, are not common carriers. The line is drawn deliberately.
For a passenger, the difference between common carrier duty and ordinary negligence can decide a case. The higher standard makes it easier to prove the carrier fell short and reaches conduct by employees and third parties that ordinary negligence would not.
Why rideshare was treated differently before 2024
When Illinois enacted the Transportation Network Providers Act in 2014, the General Assembly wrote a specific carve-out at 625 ILCS 57/25(e):
“TNCs or TNC drivers are not common carriers, contract carriers or motor carriers, as defined by applicable State law, nor do they provide taxicab or for-hire vehicle service.”
That single sentence blocked passengers from raising the taxi and limousine analogies against Uber and Lyft. However close the service looked to a taxi, the statute said the label did not attach, and rideshare defendants were held to the ordinary care standard that applies to any private motorist rather than the higher standard applied to taxis.
What changed on January 1, 2024
The General Assembly did not repeal the whole Transportation Network Providers Act. It shut down the carve-out. The current text of 625 ILCS 57/25(e) still contains the “not common carriers” language, but it now ends with a second sentence:
“This subsection (e) is inoperative on and after January 1, 2024.”
The sunset was enacted by Public Act 103-527, signed by Governor Pritzker and effective August 11, 2023. The bill’s House sponsor, Representative Jennifer Gong-Gershowitz, described the purpose plainly: HB 2231 “puts rideshare companies like Uber and Lyft on the same playing field as taxis and other common carriers.” From January 1, 2024 onward, the statutory rule that took rideshare out of common carrier treatment stopped applying.
What common carrier liability opens up for passengers
Being a common carrier is not a slogan. It attaches specific rules that change how a case is built and who can be a defendant.
- Higher standard of care. Ordinary drivers owe other motorists reasonable care. Common carriers owe passengers the highest degree of care consistent with the mode of conveyance. Under IPI 100.01, failure to meet that standard is negligence.
- Direct claims against the company. Under the ordinary negligence framework, Uber or Lyft could often argue the driver was an independent contractor and the platform was not on the hook. Common carrier duty is a duty the carrier itself owes to the passenger, so failures in driver screening, response to prior complaints, and safeguards can be pleaded as breaches by the company.
- Duty to protect from third parties. IPI 100.02 and 100.03 extend the highest degree of care to protecting passengers from injury by employees and third parties when the carrier knew or should have anticipated the risk. That framework is what makes rideshare sexual assault and driver misconduct cases workable as claims against the platform.
No Illinois appellate court has yet issued a published post-sunset opinion applying common carrier duty to a rideshare case, so how far each of these rules will stretch in litigation is being worked out case by case. What is settled is that the statutory bar to raising them is gone, and the plaintiffs’ bar has been building cases on that basis since January 1, 2024.
What passengers already have, regardless of the carrier debate
The insurance requirements the General Assembly set for rideshare are untouched by the sunset. They are the floor a passenger stands on while the carrier question works itself out, at 625 ILCS 57/10:
| Trip phase | Minimum coverage required |
|---|---|
| Period 1. Driver logged into the app, no ride accepted. | $50,000 per person / $100,000 per incident (death or personal injury); $25,000 property damage (625 ILCS 57/10(b)) |
| Periods 2 and 3. From the moment the driver accepts a ride request through the end of the trip. | $1,000,000 primary automobile liability, covering death, personal injury, and property damage (625 ILCS 57/10(c)(1)) |
| Passenger in the vehicle. From when you enter the vehicle until you exit. | Additional $50,000 uninsured / underinsured motorist coverage (625 ILCS 57/10(c)(2)) |
The $1,000,000 figure is one policy, not two. It applies for the full window from ride acceptance to the end of the trip, not just after you enter the vehicle. What starts when you enter is the $50,000 in UM/UIM coverage layered on top. Section 57/10(e) preserves the right to pursue damages above the minimums if the facts justify a larger claim. Our post on Illinois’ $1M rideshare coverage requirements maps each phase against the statute.
The filing deadline: 2 years, 1 year, or longer
Most Illinois personal injury cases run on a two-year clock under 735 ILCS 5/13-202, which starts on the date of the crash. That is the deadline that applies to claims against a rideshare driver, another private driver, or a rideshare insurer.
Two exceptions can rearrange that clock, and both come up in Chicagoland rideshare cases:
- Local public entities: one year. Under 745 ILCS 10/8-101(a), a claim against a local public entity or its employees must be commenced within one year. The Village of Elmwood Park and Cook County are both inside that definition. The CTA runs on its own one-year statute at 70 ILCS 3605/41, and Pace and Metra are on the one-year clock at 70 ILCS 3615/5.03. A rideshare passenger struck by a CTA or Pace bus, or a passenger injured because a Village-maintained roadway failed, is on the shorter clock.
- Minors: longer. Under 735 ILCS 5/13-211, a passenger under 18 has two years after their 18th birthday to file. A 15-year-old rideshare passenger has until age 20, not until age 17.
Our post on Illinois rideshare filing deadlines works through each of these one at a time, with the statutes verified.
Modified comparative fault: the 50% line
Illinois follows modified comparative fault under 735 ILCS 5/2-1116. A rideshare passenger is barred from recovery only if a jury finds their fault is more than 50% of the proximate cause of the injury. At exactly 50% the passenger still recovers, at half. Below 50%, recovery is reduced by the plaintiff’s share of fault.
Preserving what your case will need
The evidence that matters in a rideshare case starts inside the app. Trip acceptance timestamps, driver location traces, the route, and the fare receipt establish which coverage tier applies to your crash. That data lives on the platform’s servers and is not preserved for you automatically. A prompt letter of preservation to the rideshare company is best sent in the first days, not the first months.
The rest is ordinary crash evidence: the police report, medical records tied to the crash date, photographs of the vehicles and scene, and contact information for any independent witness. Dashcam footage is often gone in weeks unless someone asks for it in writing.
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Are Uber and Lyft common carriers in Illinois?
Yes, as of January 1, 2024. Public Act 103-527 (HB 2231) made 625 ILCS 57/25(e), the provision that had said TNCs are not common carriers, inoperative on and after January 1, 2024. With the statutory exemption gone, Uber and Lyft fall under Illinois’ common law common carrier rule that already covers taxis and limousines and owe passengers the highest degree of care.
Why does the common carrier label matter for my case?
A common carrier owes passengers the highest degree of care consistent with the mode of conveyance, not the ordinary care an average driver owes another driver. The higher standard changes what the plaintiff must prove and reaches conduct by the carrier’s employees and third parties that ordinary negligence sometimes does not.
Are taxis in Illinois treated differently from Uber and Lyft?
Not anymore. Under Illinois case law, taxis have been common carriers since Przybylski v. Yellow Cab Co., 6 Ill.App.3d 243 (1972), and limousines since Smith v. Chicago Limousine Service, 109 Ill.App.3d 755 (1982). Between 2014 and January 1, 2024, rideshare sat outside that group because 625 ILCS 57/25(e) said so. Since the sunset, taxis, limousines, and rideshare are all common carriers under Illinois law.
What insurance covers me if I am injured as a rideshare passenger?
Under 625 ILCS 57/10(c)(1), a $1,000,000 primary automobile liability policy applies from the moment your driver accepts your ride request through the end of the trip. Under 57/10(c)(2), an additional $50,000 in uninsured and underinsured motorist coverage applies from when you enter the vehicle until you exit. If the driver was logged into the app but had not accepted a ride, lower coverage minimums apply under 57/10(b).
How long do I have to file a rideshare injury claim in Illinois?
Two years is the default under 735 ILCS 5/13-202. A claim against a local public entity such as the Village of Elmwood Park, or against the CTA (70 ILCS 3605/41) or Pace and Metra (70 ILCS 3615/5.03), runs on a one-year deadline. A minor’s two years does not start until their 18th birthday under 735 ILCS 5/13-211. More than one deadline can apply to a single crash, so identify every party first, then map the clocks.
Can I sue Uber or Lyft directly, or only the driver?
Both. The $1,000,000 rideshare policy that applies during the ride is the practical source of recovery in most cases and stands whether the company itself is a named defendant or not, and 625 ILCS 57/10(e) says the Act does not cap TNC liability at the insurance minimums. On top of that, common carrier duty as of January 1, 2024 makes the company itself directly liable for its own failures in driver screening, complaint handling, and passenger safety measures.
What should I do right after a rideshare crash in Elmwood Park?
Call 911, accept medical attention at the scene if you need it, and get checked out even if you feel fine, because impact injuries often show up over the next 24 to 72 hours. Screenshot the ride in the app before you leave the vehicle, including the driver’s name, the plate, and the fare. Photograph the scene, the vehicles, and any visible injuries. Get the responding officer’s report number. Avoid giving a recorded statement to any insurer before you have talked with a lawyer.
Talk to an Elmwood Park rideshare accident lawyer
Common carrier status changes the standard of care your case is measured against, which changes what a claim is worth and who can be a defendant. The insurance and deadline rules apply on top of it, and both cost passengers claims when they are misread.
If you were hurt in a rideshare crash, whether as a passenger, another driver, or a pedestrian struck by a rideshare vehicle, Lawyer Furqan will identify every layer of coverage, preserve the app and vehicle data, and file within the deadline that actually applies to your defendants. We handle car accident and rideshare cases across the western suburbs from Elmwood Park to Oak Park, River Forest, and Cook County.
Call 847-800-8978 or contact us online for a free consultation. $0 upfront, no attorney’s fee unless we recover for you.
Sources and authorities cited
- Transportation Network Providers Act: 625 ILCS 57/10 (insurance) · 625 ILCS 57/25(e) (former common carrier carve-out; inoperative on and after January 1, 2024) · Public Act 103-527, effective August 11, 2023
- Illinois Pattern Jury Instructions, Civil: 100.00 Introduction; 100.01 Duty of Common Carrier to Passenger; 100.09 Who Is a Passenger
- Case law on common carrier status: Rotheli v. Chicago Transit Authority, 7 Ill.2d 172 (1955); Przybylski v. Yellow Cab Co., 6 Ill.App.3d 243 (1st Dist. 1972); Smith v. Chicago Limousine Service, 109 Ill.App.3d 755 (1st Dist. 1982)
- Code of Civil Procedure: 735 ILCS 5/13-202 (2-year personal injury) · 735 ILCS 5/13-211 (minors and legal disability) · 735 ILCS 5/2-1116 (modified comparative negligence)
- Local Governmental and Governmental Employees Tort Immunity Act: 745 ILCS 10/8-101 (1 year)
- Chicago Transit Authority Act: 70 ILCS 3605/41 · Northern Illinois Transit Authority Act: 70 ILCS 3615/5.03 (Pace and Metra)
This article is general legal information about Illinois law, not legal advice, and does not create an attorney-client relationship. Whether rideshare will be treated as a common carrier by Illinois courts after the January 1, 2024 sunset is unsettled and will be decided case by case. Confirm how the law applies to your facts with a lawyer before relying on any figure or authority here.
