When you book a ride through an established rideshare company, you expect efficiency and safe transportation to your destination. What you don’t expect is a rideshare driver who is unsafe or sees you as a potential victim.
Rideshare Injury Liability: Who May Be at Fault?
As relative newcomers to the personal transportation industry, rideshare companies offer users quick service and competitive rates when compared with traditional taxis. This convenience, however, comes with inherent safety and legal risks. Rideshare platforms rely on individual drivers using their personal vehicles. They are typically classified as independent contractors. What happens when those independent drivers put riders at risk, or worse, commit crimes such as sexual assault or theft on unsuspecting passengers? Who is at fault?
Unfortunately, this is not an idle question. There is a well-established history of passengers who have suffered harm while using popular rideshare services. A U.S. Government Accountability Office study of statistics[1] from three ride sourcing companies revealed there were about 4,600 incidents of serious sexual assault in facilitated rides in 2019 alone. Since that time there has continued to thousands of reports of rideshare drivers committing sexual and other types of assault on passengers,[2] as well as theft and fraud, and these numbers are likely just the tip of the iceberg. In addition, reckless or impaired driving by these independent drivers endanger passengers and can lead to accidents.
Why does this happen, and who’s responsible? First, rideshare drivers are not recruited or vetted in the traditional sense. Applicants apply online, and, according to the application pages of Uber[3] and Lyft,[4] the screening process is automated through third parties rather than incorporating human screening measures such as interviews. Rideshare companies simply run a driver’s name to confirm they hold a valid state driver’s license and have proof of vehicle registration and insurance. They will also do a basic identity verification process using a provided social security number or equivalent, and run a driving history.
Further, any criminal background checks done by these rideshare companies are only database driven. Meaning the information gathered is limited to those records reported and accessible to the database. A more extensive criminal fingerprint screening is not performed. Once engaged, companies may use ratings or GPS tracking to monitor the driver’s location.
By contrast, traditional taxi companies go deeper, frequently using fingerprint-based background checks as opposed to less accurate “name only” checks. They also are likely to expand their national and county criminal database searches to include FBI and state records. Additionally, drivers apply in person rather than online, allowing for closer scrutiny and screening.
In their shared safety statistics,[5] rideshare companies will invariably claim that the majority of their rides involve no accidents or misconduct. While those small percentage of rides that are harmful to passengers may look insignificant, they still equate to thousands of victims yearly.
Can rideshare companies be held responsible when something goes wrong? In some circumstances, absolutely. These companies not only promote their own safety and screening processes to assure riders of a safe experience, they also have a legal duty to ensure the safety of their passengers. In the legal context, the following have been identified by various Courts as violating the standard of care owed by a rideshare company to its passengers:
- With their automated name-based (vs. fingerprinting) application and vetting process, red flags are often ignored or missed, including missed violent crime convictions, crimes committed under aliases, and crimes committed out of state.
- Drivers with a dangerous driving history are not properly vetted and identified.
- Complaints or red flags were ignored, leaving passengers unaware that they were riding with a known risk.
- Failing to enforce the company’s own safety policies.
- Relying on application-based tools and automated procedures removing layers of oversight.
It’s important to understand that, when an accident or assault occurs, criminal prosecution will not provide financial compensation or help to the victim. However, pursuing a civil liability case against the driver and the rideshare company can help ensure victims receive financial justice for rideshare-related crimes as well as holding rideshare companies accountable for their practices.
If you or a loved one has suffered rideshare-related harm, speaking to a knowledgeable civil liability attorney can be an important step in seeking justice and help create a safer riding experience for all. Contact us.
[1] https://www.gao.gov/assets/d24106742.pdf
[2] 2024 Lyft Transparency Report
