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Rideshare Assault Lawsuit

Rideshare Assault

Rideshare companies such as Uber and Lyft are always performing background checks on prospective drivers to ensure passenger safety, but these tests are not always 100 percent accurate. This increases the risk of passengers being physically or sexually assaulted by the driver. With drivers managing their own time and vehicles, Uber and Lyft cannot ultimately oversee each rider’s safety. 

These rideshare services have been a popular use of transportation for many, especially those that rely on a safe ride home after consuming alcohol. There have been numerous victims coming forward with a sexual assault case alleging that they were attacked by their Uber or Lyft driver. 

Victims of sexual assault through a rideshare service will need an experienced rideshare sexual assault lawyer for legal representation. The Guardian Legal Network can connect victims with professional and committed lawyers who offer 100% free, confidential consultations.

What is Ridesharing?

Rideshare is a smartphone app transportation service that connects drivers and passengers. The passenger can request a pickup and drop off location. Once the driver in their area accepts the request and picks up the passenger, they will proceed to the desired location. These services provide convenience and a more affordable means of transportation.  

The two most common rideshare companies are Uber and Lyft, which can be found throughout the United States.

Assault and Ridesharing

Sexual assault may come in different forms as it refers to sexual contact by another without consent. Each year, hundreds of thousands of Americans are affected by sexual assault, with a handful related to ridesharing. According to RAINN (Rape, Abuse & Incest National Network), forms of sexual assault include: 

  • Attempted rape
  • Fondling or unwanted sexual touching
  • Forcing a victim to perform sexual acts
  • Penetration of the victim’s body, also known as rape 

It is important to remember that the victim is never to blame; it is never the victim’s fault. Frequently, survivors of sexual assault blame themselves or are convinced that it is their fault. During a traumatic event, the victim may experience a freeze, and unfortunately, it may be incorrectly read as consent. The inability to say “no” is never consent. 

Females have been known to be the target for such predators, especially when they are intoxicated. They have been taken advantage of when they cannot fend off the attacker or are unconscious.

What to Do After Rideshare Assault

Experiencing sexual assault can be disorienting and traumatic. If you have been a victim of sexual assault by an Uber or Lyft driver, there are several steps to follow immediately to hold the attacker and the company accountable: 

  • Contact the police and file a report
  • Seek medical attention if you have been wounded
  • Document any evidence that traces back to the attacker: driver information from the Uber or Lyft app, messages, credit card charges, any other recollected details
  • Contact an experienced rideshare sexual assault lawyer. They can help you file a civil lawsuit against Uber or Lyft.

Why Uber/Lyft Assault Occurs

  • Faulty background checks – Uber and Lyft do not perform any in-person interviews and only review the applicant’s last seven years for their background check. 
  • Lack of driver training – Drivers for Uber and Lyft do not receive proper training
  • Poor rider safety – Fake driver accounts are made due to the inadequate screening performed by Uber and Lyft

Uber Assault Lawsuits

According to the Uber Safety Report for 2017 and 2018, there were 5,981 sexual assault allegations made in the U.S. during those two years. The allegations reported were categorized as one of the following: 

  • Non-consensual kissing of a non-sexual body part
  • Attempted non-consensual sexual penetration
  • Non-consensual touching of a sexual body part
  • Non-consensual kissing of a sexual body part
  • Non-consensual sexual penetration

This report was created to help shed light on safety for the riders and drivers, with 19 percent of Uber drivers being women. In 2018, fourteen women filed a lawsuit against Uber after being sexually assaulted and were forced into mandatory arbitration. In 2019, the safety report was created, and the mandatory arbitration was lifted.

Lyft Assault Lawsuits

Lyft is another rideshare company that has been hit with sexual assault allegations. Even though they have not published any reports as Uber has, Lyft has been experiencing an increase in lawsuits filed against them in state and federal courts. These lawsuits claim that their negligence in conducting a thorough background check during the hiring process has jeopardized many passengers’ safety. 

According to a CNN report in 2019, nineteen sexual assault and rape lawsuits were filed in September 2019, and twenty lawsuits were filed in December 2019.

The Basis for Claims Against Uber and Lyft

Plaintiffs in these sexual assault allegations have alleged negligent hiring, negligent supervision, negligent retention, and negligent infliction of emotional distress from either Uber or Lyft. They argue that the rideshare companies failed in protecting their riders from perpetrator drivers and have also ignored complaints. Uber and Lyft have also advertised themselves as a “safe ride” option, which is considered false advertising when passengers have been sexually assaulted. 

Plaintiffs have also argued that these rideshare companies are responsible for their driver’s actions under the concept known as respondeat superior. This concept, which holds the employer accountable for their employee’s actions, is known under common law and civil law jurisdictions. 

The plaintiffs seek damages and increased safety measures, including video recordings during rides and expanded background checks.

Defenses Used by Rideshare Companies

Uber and Lyft have argued against claims saying they cannot be held responsible for their driver’s actions as these drivers are considered independent contractors instead of employees. The status of rideshare drivers varies by state, and not all states have made a definitive determination via legislation or court decision. In general (though not always), a company is not responsible for an independent contractor’s actions.

Court Rulings for Rideshare Assault Lawsuits

Judges in federal courts have not been swayed by the independent contractor defense made by rideshare companies. Based on another case involving an Uber passenger getting stabbed, the D.C District Court focused on whether the rider believed the driver worked for the company. Many other courts made similar rulings. 

Courts have also focused on whether these rideshare companies knew about the assaults or could have enacted safety measures to prevent them: better background checks during the screening process or video monitoring during rides.

Find an Experienced Rideshare Assault Lawyer

If you have been sexually assaulted by an Uber or Lyft driver, contact The Guardian Legal Network to connect with an experienced rideshare sexual assault lawyer. Legal counsel can help you determine which steps to take if you are seeking legal action.

References

Please seek the advice of a medical professional before making health care decisions. The content provided on this site, such as documents, text, graphics, images, videos, or other materials, are for informational purposes only. The information is not intended to be a substitute for professional medical advice, diagnosis, or treatment. Always consult a physician for diagnosis and treatment of any medical condition or for any questions you may have regarding a health concern. Never disregard professional medical advice or delay in seeking it because of something you have read or seen on this site.

 
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