Ride-share companies, like San Francisco-based Lyft, are critical players in the transportation industry. These companies typically market their services as a safe and effective method of transportation. While ride-share services offer an alternative to public transit and reduce the risk of impaired driving, recent data suggests that these companies create other risks to drivers and passengers.
Despite admitting to persistent safety lapses and recording over 4,000 sexual assault incident reports, Lyft has not done enough to address, prevent, or protect its drivers or passengers. As a result, the company is facing at least 17 Lyft assault and sexual assault lawsuits raising allegations that the company disregarded the risk of physical and sexual assault on its users. To learn more about the claims being made against Lyft, you can review our recent post on the topic, here.
Lyft Sexual Assault Claims
Sexual assault is one of the most despicable and costly crimes, inflicting tremendous harm on individual victims as well as the community as a whole. While these incidents can occur under many circumstances, recent reports highlight the rise in sexual assaults on Lyft drivers and passengers. In addition to sexual assault, many Lyft users have reported harassment, assault, and robberies.
The Rise in Sexual Assaults Against Lyft Drivers and Passengers
Ride-hailing companies create a unique opportunity to harm and assault drivers and passengers. While most news coverage on Lyft assaults focuses on female riders, a significant number of drivers have experienced physical and sexual assault. There are many reasons why Lyft drivers and passengers may be at a heightened risk of sexual or physical assault.
First, Lyft drivers typically operate as independent contractors, unlike traditional transportation services like taxis or buses. As such, the company does not impose the same licensing requirements. Further, although most ride-hailing companies conduct background checks as a term of employment, their screening process does not adequately eliminate the full extent of passengers' risks. For instance, until recently, these companies did not conduct periodic background checks during employment. Lyft’s apparent failure to conduct regular background checks has created opportunities for drivers to continue working for the company even though they have committed crimes during their employment.
Second, Lyft does not appear to have implemented many of the safety protocols that are common among traditional taxi services. For instance, most Lyft vehicles are not equipped with dividers separating the driver from the passenger. Further, the company does not require drivers to maintain onboard cameras.
Third, the company’s carpool option creates additional risks to drivers and passengers. Lyft allows multiple, unacquainted individual riders to share a commute. Although this option might be cost-effective for many users, it presents safety risks to vulnerable individuals.
Filing A Lawsuit Against Lyft for Sexual Assault
In response to scrutiny surrounding Lyft’s apparent treatment of allegations related to sexual and physical assault misconduct, Lyft released a long-awaited safety report. The report indicates that the safety problems grew worse by the year. However, Lyft maintains that most of its rides end safely for the passenger and driver.
Despite Lyft’s insistence on the safety of its services, many believe that the company has not done enough to protect those who use it. Lyft is facing a number of claims that the company’s refusal to protect its drivers and passengers has left the victims with disabilities, permanent deformities, and lifelong psychological trauma.
Is Lyft Responsible for Assault or Sexual Assault?
Those pursuing sexual assault claims against Lyft must be able to establish that the company’s negligent conduct or omission caused the victim’s injuries and damages. Most claims against the company allege that Lyft is responsible for assaults because of its negligence in hiring, training, supervising, or protecting its drivers and occupants.
For instance, sexual assault victims may support their claims by presenting evidence that the company was negligent in failing to conduct adequate and periodic background checks of their drivers. Further, Lyft assault victims may allege that the company was negligent in failing to require cameras in vehicles to prevent drivers from sexually assaulting passengers.
Additionally, some claims against Lyft may fall under the premise that the company is responsible under “vicarious liability,” which imposes liability on an employer for the actions of their workers when those actions occurred within the scope of employment. However, vicarious liability suits against Lyft are challenging because of the complex laws surrounding independent contractors.
Recovering Compensation against Ride-Share Companies for Assault
Victims who have suffered sexual assault, sexual harassment, false imprisonment, attempted rape, rape, or physical assault during a Lyft ride can pursue compensation against Lyft. In many cases, sexual and physical assault victims experience broken bones, fractures, disfigurement, bruising, and psychological trauma. Existing laws permit victims to seek damages for their medical expenses, rehabilitation treatment, lost wages, pain and suffering, and emotional distress.
While these claims may seem straightforward, the company can raise various defenses to liability. The overarching defense Lyft has against sexual assault claims is that the company does not maintain full control over the driver or passenger. Further, the company may also rely on the fact that drivers are independent contractors to avoid liability.
These cases largely hinge on establishing what the company knew, when they discovered the allegations, and whether they took reasonable safety measures to prevent future violent incidents. For this reason, anyone who believes they have a case against Lyft should consult with an experienced personal injury attorney as soon as possible.
