Personal Injury Claims Involving Uber or Lyft Ridesharing Assaults
Choosing to use a ridesharing service like Uber or Lyft is extremely popular in both Illinois and Indiana. Simple phone apps connect drivers with riders through services provided by Uber, Lyft, and a variety of smaller ridesharing companies. It’s convenient, fast, and usually much cheaper than the traditional taxi service.
However, this new trend is bringing its own dangers with it. More and more, claims are being made against these ridesharing companies for bodily injuries sustained in motor vehicle accidents involving a car (SUV, mininan, etc.) offering a rideshare at the time of the crash. For more, read:
- Ridesharing Accidents: Claims for Injuries during Uber or Lyft Ridesharing Car Crash
- Ridesharing Accidents in Indiana and Illinois: Uber and Lyft Injury Claims.
Getting Hurt During Ridesharing: Intentional Acts
Claims against Uber, Lyft, and the other ridesharing companies for legal liability for motor vehicle accidents where the driver, his or her passengers, or third parties (e.g., other vehicle occupants, pedestrians, etc.) are a growing concern. These are accident claims where the law is still being made on how the ridesharing company’s duties and liabilities are defined in both Indiana and Illinois.
However, another type of claim is also on the rise here, as well as the rest of the nation. It involves intentional acts of harm involving ridesharing services. Physical assaults (including deadly beating) and rapes are happening to people who are opting for ridesharing transportation.
No one knows for sure how many ridesharing assault victims have been hurt by others while using Uber, Lyft, or another ridesharing service (there are over a dozen operating in Illinois).
However, when Uber issued its first Safety Report last month (discussed in our previous post), the company recognized: (1) physical assaults where someone died from their assault injuries; and (2) sexual assaults, involving various intentional conduct including rape.
Criminal Prosecution and Civil Injury Claims
Physical assaults and sexual assaults are criminal acts under the laws of Indiana and Illinois. Victims who contact the police can expect law enforcement to investigate what has occurred and after an arrest has been made, for the perpetrator to face criminal prosecution, conviction, and sentencing.
These criminal cases are important. Investigation in the criminal matter will produce legally admissible evidence of the intentional assault which can be used in the criminal proceeding and civil lawsuit.
However, these criminal prosecutions are distinct from any personal injury claim brought by the injury victim in a civil case. The criminal courtroom cannot provide the victim (and their loved ones) recompense for what has happened. The criminal case focuses upon a conviction for violation of the criminal assault laws.
It is only through the civil personal injury process that the injury victim can obtain justice, including things like payment of medical expenses, psychological treatment, rehab, lost wages, and more. The personal injury laws of Indiana and Illinois may also provide damages to the victim’s loved ones, and if there has been a fatality both states have wrongful death laws that may apply to the matter.
Complexities of Ridesharing Assault Injury Claims
Of particular concern is what appears to be a very serious likelihood of being a victim of sexual assault while ridesharing. Drivers are reporting sexual assaults and rapes. Riders are also reporting they have been victims of sexual assault while using a ridesharing service.
Ridesharing Sexual Assault Injuries
Uber’s Safety Report admits that sexual assault is rampant in ridesharing. Uber reports 3000+ reported sexual assaults involving Uber ridesharing during the calendar year 2018.
When combined with its 2017 figures, Uber reports a total of around 6000 sexual assault cases in a 24-month span, or around 63 sexual assaults per week. And these numbers do NOT include any other ridesharing services.
Another reality: not only do these numbers not reflect other ridesharing services, it is almost certain that the actual number of sexual assaults during ridesharing services is much higher than the reported totals. As Uber explains, “…sexual assault is also one of the most under-reported crimes in the US generally, with some researchers believing that nearly 3 out of every 4 sexual assaults go unreported to police.” Uber’s Safety Report, p.62.
Ridesharing Bodily Assault Injuries
Uber’s Safety Report does not consider any bodily injuries sustained during ridesharing where the victim survived. Uber considers only those bodily assault victims who died as a result of their injuries.
It is unknown how many people have been physically assaulted while ridesharing and survived. It is unknown how many people died from bodily assault injuries while ridesharing with companies other than Uber.
Uber considered only fatal physical assaults in its Safety Report, finding a total of 19 deaths during the 24 months (2017-2018) considered in its research. Uber Safety Report, p. 57.
Uber defined a “fatal physical assault” to be “Uber-related” if:
- The incident involved at least one person on an Uber-facilitated trip, not necessarily with parties paired by the Uber app; or
- The incident occurred between parties that were paired via the Uber app, regardless if the incident occurred during a trip (up to 48 hours after the trip has concluded).
Uber described the physical assault victims as:
- 8 were riders;
- 7 were drivers using the Uber app; and
- 4 were third parties (such as bystanders outside the vehicles).
Claims for Ridesharing Assault Injuries in Indiana and Illinois
Victims of criminal assault in either Indiana or Illinois have personal injury laws that provide them with avenues for justice that act independently of any criminal proceedings. Claims can be asserted not only against the person (or persons) who actually assaulted the victim but against the ridesharing company, as well.
Of course, ridesharing companies are trying to limit their exposure here. There are arguments being asserted, for instance, that Uber and Lyft are merely selling computer apps that allow drivers and riders to connect and as technology providers they are different than the traditional taxi service and should not be held to the taxi company’s common carrier liability standards.
Nevertheless, personal injury claims based upon serious bodily injuries resulting from assaults (physical; sexual) can be made. Duties have been placed on these companies (and will continue to be defined in the law).
For instance, Uber and Lyft (and other ridesharing companies) do have a recognized legal duty to make sure their drivers are not criminals seeking to victimize riders. Uber acknowledges as much in its Uber Safety Report (see page 11).
If you or a loved one chooses to use local ridesharing services, be aware of the risks involved and how prevalent the danger of an assault can be while using Uber, Lyft, or another ridesharing company. Please be careful out there!
