Illinois spent nearly a decade exempting Uber and Lyft from common carrier status, which kept them outside the heightened duty of care that applies to taxis. That exemption ended on January 1, 2024 — here is what replaced it, and why the date of the ride still matters.
What Changed on January 1, 2024
House Bill 2231 of the 103rd General Assembly became Public Act 103-0527 on August 11, 2023. The Act took effect immediately, but the piece that matters here was given a later trigger: the provision declaring that transportation network companies and their drivers are not common carriers became inoperative on January 1, 2024. The same Public Act extended the Transportation Network Providers Act's repeal date from September 1, 2023 to September 1, 2028.The practical effect is that the statutory carve-out Illinois had granted rideshare companies since 2014 is no longer operative. Rideshare companies operating in Illinois are no longer held outside the common carrier category by that provision.
What Section 25(e) Said
The Transportation Network Providers Act took effect in 2014, as Uber and Lyft were scaling up in Illinois. Section 25(e) stated that transportation network companies and their drivers are not common carriers, contract carriers, or motor carriers as defined by applicable state law, and do not provide taxicab or for-hire vehicle service.That single sentence did a lot of work. It did not say rideshare companies could never be sued. It said they sat outside a category that carries its own elevated standards under Illinois law — which meant a rider suing a rideshare company started from a different place than a rider suing a cab company over comparable facts.
What Common Carrier Status Means
Illinois common carriers — taxis, buses, and other for-hire passenger transport — owe their passengers a heightened duty of care rather than ordinary reasonable care, and can face vicarious liability for acts committed by their personnel in circumstances where an ordinary employer might not.The distinction drew criticism precisely because the two services look identical to the person in the back seat. A rider hailing a cab and a rider hailing an UberX are buying the same thing: a stranger drives them somewhere. Section 25(e) meant the legal consequences of that ride going wrong could differ based on which app or dispatcher arranged it.
Important: common carrier status changes the standard that applies. It does not decide any individual case, and it does not make a company automatically responsible for a driver's criminal act. A claimant still has to prove their case, and Uber and Lyft dispute liability.
What the Courts Said
Section 25(e) was challenged in court while it was still operative. In Doe v. Lyft, Inc., 2020 IL App (1st) 191328, the Illinois Appellate Court for the First District considered whether the provision exempted rideshare companies from the common carrier duty of care and vicarious liability standard, and whether the exemption violated the Illinois Constitution.The court held that it did exempt them, and rejected the constitutional challenges. It found the exemption rationally related to the Act's stated goal of promoting and enabling the growth of transportation network companies in Illinois, and rejected a separate challenge under the three-readings rule, describing the manner in which the Act passed as uncommon but not disallowed. The Illinois Supreme Court subsequently dismissed the appeal as moot after the parties settled.
The point worth holding onto: the exemption survived its court test and was ended by the legislature three years later. Anyone reading older coverage that describes a pending challenge to Section 25(e) is reading about litigation that concluded.
Why the Date of the Ride Matters
Because the change has a specific trigger date, the date of the ride is one of the first things an attorney will ask about an Illinois rideshare claim. A ride on or after January 1, 2024 falls on the far side of that line. A ride before it does not.How a court would treat a claim arising from an earlier ride is not something a general-information page can answer — it depends on the facts, the claims pleaded, and arguments about how the change operates. That is a question for a qualified attorney licensed in Illinois, and it is worth raising early, because statutes of limitations run regardless.
How This Fits the National Litigation
The Illinois common carrier question is a state-law issue sitting underneath a much larger body of litigation. Federal cases against Uber are coordinated in MDL No. 3084 and cases against Lyft separately in MDL No. 3171, both in the Northern District of California. Those proceedings involve allegations about screening, reporting, and rider safety; the companies dispute liability, and no court has found either company liable across the litigation.For pending case counts, the decided Uber verdicts, and who may qualify for a review nationally, see the pages for each company — the Uber sexual assault lawsuit page and the Lyft sexual assault lawsuit page — or the side-by-side comparison if you want both at once. This page covers only the Illinois liability framework.
If You Were Assaulted During an Illinois Ride
There is no Illinois rideshare class action settlement, no settlement fund, and no claim form to submit. These are individual claims, and a review is how you find out whether you have one.• Records that tend to help include app trip history, ride receipts, messages sent to friends or family at the time, medical or therapy records, and any report made to the rideshare company or to law enforcement. A police report is not required to ask for a review.
• Do not delete ride receipts, screenshots, texts, emails, app records, or medical documents if you are considering legal action.
• Deadlines run on their own schedule. Submitting a form does not file a lawsuit, preserve a claim, or stop a statute of limitations.
Common Questions
Are Uber and Lyft common carriers in Illinois?
Yes, as of January 1, 2024. Section 25(e) of the Transportation Network Providers Act previously declared that transportation network companies and their drivers are not common carriers, contract carriers, or motor carriers, and do not provide taxicab or for-hire vehicle service. Public Act 103-0527 made that provision inoperative on January 1, 2024, so the common carrier exemption no longer applies.
When did Illinois change the rideshare common carrier law?
House Bill 2231 of the 103rd General Assembly became Public Act 103-0527 on August 11, 2023. The Act took effect immediately, but the specific provision exempting rideshare companies from common carrier status became inoperative on January 1, 2024. The same Public Act extended the Transportation Network Providers Act's repeal date from September 1, 2023 to September 1, 2028.
What did Section 25(e) actually do?
It placed rideshare companies outside the common carrier category. Common carriers in Illinois owe passengers a heightened duty of care and can face vicarious liability for acts committed by their personnel. Because Section 25(e) declared that transportation network companies were not common carriers, those standards did not reach them the way they reach taxi and other for-hire operators.
Did a court ever strike down Section 25(e)?
No. In Doe v. Lyft, Inc., 2020 IL App (1st) 191328, the Illinois Appellate Court held that Section 25(e) did exempt rideshare companies from the common carrier duty of care and vicarious liability standard, and rejected arguments that the provision violated the Illinois Constitution's ban on special legislation or the three-readings rule. The Illinois Supreme Court later dismissed the appeal as moot after the parties settled. The exemption ended by legislation, not by court order.
Does common carrier status mean Uber or Lyft is automatically responsible for an assault?
No. Common carrier status changes the legal standard that applies; it does not decide any individual case. A claimant still has to prove their case, and the companies dispute liability. Whether the standard applies at all can depend on when the ride took place, which is a question for a qualified attorney.
Is there an Illinois rideshare class action with a claim form?
No. There is no Illinois rideshare assault class action settlement, no settlement fund, and no claim form. Rideshare sexual assault matters are generally individual personal-injury claims. Federal cases against Uber are coordinated in MDL No. 3084 and cases against Lyft in MDL No. 3171, both in the Northern District of California.
Sources
• Illinois General Assembly — Public Act 103-0527 (HB2231)
• Illinois Courts — Doe v. Lyft, Inc., 2020 IL App (1st) 191328 (opinion)
• Capitol News Illinois — Lawmakers look to end 'common carrier' exemption for ride-share companies
• U.S. Judicial Panel on Multidistrict Litigation — MDL statistics (MDL Nos. 3084 and 3171)
Free settlement alerts
Get notified when new class actions open to claims
Join thousands of readers who get the latest class action settlements you may qualify for — delivered straight to your inbox.
