Rideshare platforms like Uber and Lyft have changed how millions of people get around in Illinois. However, along with that convenience has come a troubling pattern of sexual assaults committed by drivers against passengers. Both companies have published safety reports revealing thousands of sexual assault incidents reported by riders nationwide, and Illinois has not been immune to the problem.
Fortunately, state law provides several layers of protection for victims of Uber and Lyft sexual assault in Chicago. Continue reading this article for the information you should know about going forward.
The Transportation Network Providers Act and Driver Screening Requirements
Illinois regulates rideshare companies through the Transportation Network Providers Act (TNPA), which has been in effect since 2015. Under this law, companies like Uber and Lyft must conduct background checks on every driver applicant before allowing them on the platform. Those checks must include a multi-state criminal history search, a review of the National Sex Offender Registry, and a driving record review.
The TNPA also sets clear disqualifying criteria. Anyone who appears on the sex offender registry is automatically barred from driving. The same applies to individuals convicted within the past seven years of certain criminal offenses. Drivers with three or more moving violations in the prior three years are also ineligible.
The Common Carrier Law: A Major Shift in Accountability
For years, the TNPA explicitly stated that rideshare companies were not “common carriers,” which shielded them from the higher duty of care that applies to taxi companies, buses, and trains. That changed in 2023 when Governor Pritzker signed House Bill 2231 into law. Effective January 1, 2024, rideshare companies are now subject to common carrier liability in Illinois.
This is a significant development for sexual assault victims in Chicago. As common carriers, Uber and Lyft owe passengers the highest degree of care consistent with the practical operation of their business. That means victims may now pursue claims directly against the rideshare company itself, not just the individual driver. If the company failed to conduct adequate screening, ignored prior complaints, or lacked reasonable safety measures, it can be held responsible.
The landmark case of Doe v. Lyft, in which a woman was sexually assaulted by her Lyft driver in Chicago, was one of the driving forces behind this legislative change.
What Should I Do After a Sexual Assault in a Rideshare?
The aftermath of a sexual assault can feel virtually impossible to deal with, but taking certain steps can help protect both your safety and your legal rights if you can. Consider the following:
- Get to a safe location and call 911 to report the assault
- Seek medical attention as soon as possible, even if your injuries are not immediately visible
- Preserve any evidence you can, including screenshots of your ride details, text messages, and photos of the scene
- Report the incident through the rideshare app, but know that the company’s internal response may be limited
- Contact a personal injury attorney who handles sexual assault cases for a free consultation
Per Illinois law, survivors 18 years of age and older usually have two years from the date of the assault to file a civil lawsuit for damages. There is no criminal statute of limitations for many sexual offenses, meaning prosecutors can potentially bring charges at any time.
Contact a Personal Injury Attorney With Meyers & Flowers for Legal Help
Illinois has strengthened its laws to better protect rideshare passengers, but pursuing a claim still requires experienced legal guidance. A trial attorney with Meyers & Flowers can help identify all of the liable parties and fight for the maximum compensation you deserve from there.
Contact us today to get started with a free consultation at (630) 394-5189. We’ll be at your side throughout the entire legal process.