Assaults in Rideshare Vehicles

Rideshare services like Uber and Lyft have become a routine part of daily life in Georgia, especially in larger cities like Atlanta and Savannah. From getting to work or going home safely after a night out, rideshare services have changed how Georgia residents travel. But while these services are convenient, they also come with risk. They create situations where passengers are vulnerable, and poorly screened or opportunistic drivers can take advantage of these situations.

If you or someone you love has been assaulted in a rideshare vehicle, you may have legal options. We understand the pain and trauma that comes with these situations, but you do not have to seek justice alone. Learn more about your legal options now by calling the personal injury lawyers of Harris Lowry Manton LLP today.

How do assaults happen in rideshare vehicles?

Assaults can happen in numerous ways before, during, or after a rideshare trip. Assaults may include physical violence, sexual misconduct, verbal threats, and harassment that leaves you fearful for your safety.

There are risk factors that can make these outcomes more likely. Late-night rides, rides involving impaired passengers, and isolated pickup or drop-off areas may put passengers in vulnerable positions. In some cases, these incidents involve a driver with previous complaints against them or with a background check that should not have allowed them to get approved at all.

Regardless of the circumstances, it’s important to remember that being assaulted is not your fault.

Who can be held liable for a rideshare assault in Georgia?

There are multiple parties who may be held liable for a rideshare assault. We’ll go over a few of the most common outcomes here.

The driver

In many cases, the driver is liable for the assault. If a driver committed assault against you, they can be held liable in a civil lawsuit. Note that this isn’t the same as them facing criminal charges for their actions. While the civil and criminal cases may cover the same incident, they are separate legal processes.

The company

Drivers for rideshare companies are typically independent contractors, which can limit automatic liability for the company. But that doesn’t mean they’re shielded from liability when one of their drivers assaults a passenger. Companies may still be held liable under certain legal theories, depending on the facts of your case. Situations in which a company may be held liable include:

• Failed to conduct proper background checks
• Ignored prior complaints against a driver
• Kept on a driver who posed a known risk to passengers
• Utilized a complaint system that did not follow up on passenger complaints

These claims may fall under negligent hiring or negligent retention. When people choose a rideshare service, they’re trusting that the company has vetted their drivers. When a company falls short, it may be held responsible.

Third parties

In some situations, another passenger or someone else entirely may be partially liable for an assault. For example, if you share a rideshare trip with other individuals and they assault you or put you in an unsafe position, they may also be partially liable.

It’s important to investigate all potentially liable parties during this process; this gives you a better shot at fair compensation.

How does insurance coverage work after a rideshare assault?

Rideshare insurance policies are complex, and coverage depends on the specific details of your assault. Insurance coverage is typically broken down into three stages:

• When the app is off
• When they are logged in but have not accepted a ride
• When they have accepted a ride or are providing a ride

Rideshare companies offer higher levels of protection when a ride is active. But in the case of an assault, you face additional complications.

Insurance companies often deny coverage for intentional or criminal acts; these limitations are common in auto policies. However, this limitation would not apply to a person’s claims for negligent hiring or retention. The rideshare company may also argue about whether or not the ride was in progress, especially if it occurred before or after the ride.

Potential complications don’t mean that all roads to compensation are blocked. Coverage may be available via negligence claims or claims against other responsible parties. For example, if the company itself is liable, you may be covered under their general liability insurance, rather than the auto policy.

What to do after a rideshare assault in Georgia

Taking the right first steps after an assault can help you protect your legal rights and your physical safety:

• Get to a safe location and call 911 immediately: Safety is the top priority, get away from your current location, put distance between yourself and your assailant, and find a public area. From there, call 911 and report the assault.
• Seek medical attention: Medical attention is an essential part of documenting physical and emotional harm. Additionally, for many types of injuries and trauma, prompt care can improve outcomes.
• Report the assault to the rideshare company: Rideshare companies typically have dedicated lines or websites for reporting incidents involving their drivers. Call them immediately, report what happened, and request a copy of their report for your records.
• Preserve evidence: This may include screenshots of your ride details, the driver’s information, photos of your injuries or damage to your clothes, and contact information for witnesses.

Seeking legal representation should be a top priority once you’re safe and you’ve been checked out by a doctor. While you have two years from the date of an injury to file a lawsuit in Georgia in most cases, waiting too long can compromise evidence and weaken your case.

Take the first step with Harris Lowry Manton LLP

If you’ve been assaulted in a rideshare vehicle, you have options—and we’re here to fight for you. Call us or reach out online to discuss your case with our personal injury lawyers now.