Being sexually assaulted by a ride share driver is a traumatic experience, harm that is only compounded by the knowledge that the attack may have been preventable. Although the driver who committed the assault can be held personally liable, many survivors also want to know whether the ride share company itself can be held legally responsible. In a growing number of cases across Illinois and the rest of the country, the answer has been yes.
One of the most effective legal theories for establishing that liability is negligent hiring. Learn more about how these claims work below and what types of compensation may be available to you.
What Is Negligent Hiring?
Negligent hiring is a legal claim that holds a company responsible for failing to take reasonable steps to screen the people it brings onto its platform or into its workforce. The theory applies when a company knew, or should have known, that an individual posed a foreseeable risk of harm to others and allowed them to operate in a position of trust anyway.
In the context of rideshare companies, this means that if Uber or Lyft approved a driver without conducting an adequate background check, or if they ignored red flags in the driver’s history, the company may be liable for the harm that the driver later caused.
How Negligent Hiring Applies to Rideshare Companies
Uber and Lyft have consistently argued that their drivers are independent contractors rather than employees. That classification is designed to limit the companies’ exposure to vicarious liability, which is the legal principle that holds an employer responsible for the actions of its employees. However, negligent hiring operates on a different basis altogether.
A negligent hiring claim does not depend on whether the driver was an employee or an independent contractor. What matters is whether the company exercised reasonable care in selecting and approving the individual in the first place. Courts have allowed these claims to move forward against rideshare companies based on allegations such as:
- Conducting background checks that failed to uncover prior criminal history
- Relying on screening processes that did not include fingerprint-based checks
- Approving drivers despite documented complaints of prior misconduct
- Failing to re-screen drivers on an ongoing basis after their initial approval
- Ignoring internal data showing patterns of assaults across the platform
Uber’s own safety reports have documented a significant number of sexual assault incidents reported by passengers in recent years. Survivors have argued that the company was aware of systemic safety failures and chose not to invest in the measures needed to address them.
Contact Meyers & Flowers To Schedule a Free Initial Consultation
If you were assaulted by a rideshare driver in Illinois, a negligent hiring claim may be one of the best paths you have to holding the company liable for your economic and non-economic damages. Reach out to Meyers & Flowers to schedule a free consultation today with our Chicago personal injury lawyers by calling (630) 576-9696 or by reaching out online. We handle these cases on a contingency fee basis, so you only pay attorney’s fees if we win compensation for you.