Rideshare drivers are often friendly and helpful, providing a valuable service to those in need. Yet, some are not, and they may violate your rights in multiple ways. Who is liable for Uber driver sexual assault?
The details of cases like this can play an important role in determining if you can hold Uber or another rideshare company liable for the actions of their drivers, including in matters of sexual assault. Talk to a California adult sexual abuse lawyer today.
When Is a Rideshare Company Liable for a Driver?
If you are assaulted by anyone, you know to report it to the police. That will initiate a criminal investigation, which will hold the driver accountable no matter what happens. Yet, criminal trials and convictions do not do anything to help you heal your wounds. For that reason, you may be looking for a way to hold someone liable for your losses.
There are times when rideshare companies like Uber are directly responsible for the actions of their employees. However, most Uber drivers are not actually employees but independent contractors. That makes it a bit more challenging to understand fault. If the following applies, the company is responsible for the losses its drivers cause:
- The driver is providing a service during the event. This means the driver was providing a documented ride within the Uber app.
- The driver was logged into the app and headed to a pickup when the incident occurred.
In situations where the Uber driver is not logged in or providing a service, Uber itself may be less at fault. However, this has some limitations.
They Knew of a Risk
There is another element to this process to consider, and that is whether or not Uber had any type of warning that there was a risk to passengers. For example, if they allowed a driver who has past convictions of sexual assault to work for them, then they could be held liable for the actions of those drivers because they created the risk to the victim.
Most of the time, a background check will reveal this information, but if the rideshare company fails to provide a background check for any reason, and this risk is present, they could be held liable.
Lack of Deterrent
Another factor that may contribute to this is Uber’s unwillingness to address sexual assault risks within its operation and create methods that deter such actions. For example, if a vehicle is equipped with safety features that make it impossible for the rider to leave the car quickly, that could create a scenario of enhanced risk for the victim.
Every Situation Is Individually Investigated
In each situation, a rideshare accident attorney should work closely with the victim to identify all risk factors. This means completing a full investigation into whether or not the rideshare company could have known about the risk and, if it did know, how it failed to take the proper steps to minimize risk.
These are complicated cases, but they are very much worthy of exploration. If you were sexually assaulted by an Uber driver or any other rideshare provider, reach out to a local attorney who can help you capture evidence and hold all parties responsible. The team may include not just the perpetrator but the companies that allowed you to be put at risk.