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  • Can I Sue Lyft for Rape or Sex Assaults – Proving Sexual Assault Cases

    Can I Sue Lyft for Rape or Sex Assaults – Proving Sexual Assault Cases

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    Can I Sue Lyft for Rape or Sex Assaults – Proving Sexual Assault Cases

Lyft was the good guy in the ridesharing industry with whimsical pink mustache cars until sexual assault cases started surfacing and grabbing headlines. We all know sexual assault is a severe crime, and the criminal justice system must hold the perpetrators liable for destroying the lives of innocent victims.

Under civil law, sexual assault victims can pursue lawsuits against the perpetrator to recover monetary damages against the perpetrator. Ehline Law firm and our personal injury attorneys have protected the rights of injured sexual assault victims since 2005 by aggressively pursuing the justice they deserve against public school teachers, priests, and Uber and Lyft drivers who seek to groom or abuse those under their care.

Contact our Uber and Lyft sexual assault attorneys to learn more about your rights and legal options if you’ve been sexually assaulted during a Lyft ride. If you were physically assaulted, but are not convinced, keep reading this comprehensive article dealing with sexual abuse written by sexual abuse lawyer Michael Ehline, Esq. At the end we will discuss how you can claim compensation in the form of a Lyft lawsuit.

What Is Considered Sexual Assault?

When talking about rideshare companies, sexual assault can take different forms, including the following:

  • Sexual touching without consent
  • Oral sex without consent
  • Sexual penetration without consent
  • Other unpermitted sexual acts,

If you’re not sure whether the activity carried out by the Uber or Lyft driver falls under sexual assault, you must speak to an experienced sexual assault attorney to discuss your case.

Causes of Rape and Sexual Assaults in Lyft

In the past, Lyft faced several lawsuits alleging sexual assault and rape, highlighting the following as the main reasons for such incidents.

Poor Vetting Process

Rideshare companies like Uber and Lyft are responsible for properly vetting and hiring drivers to ensure their passengers’ safety. According to the policy adopted by Lyft, the company requires their drivers to undergo an initial background check. Besides initial background screening, there are annual criminal background checks that the company must follow to maintain passenger safety.

Unfortunately, although the long drawn-out policies provide a level of comfort to passengers, the company employees are negligent and fail to conduct these checks properly. Lyft outsources its background checks to Checkr, a company that provides employment background screening services for companies.

Checkr only views the driver’s background history from the last seven years—drivers with criminal records older than Checkr’s screening period through the company’s radar.

Another thing to remember is that Checkr is doing a criminal background check on drivers and reporting anything of concern to Lyft. A person with a clean record may get registered as a driver and later have sinister intent, a problem that Checkr does not account for.

Negligence

After several complaints and lawsuits alleging sexual assault, the ridesharing app eventually added security features onto the app where passengers have access to a 24/7 safety team to who they can reach out if they feel unsafe with the driver they’re with. The safety features on their ridesharing platforms should’ve been their first priority as a company.

Passengers have also requested the company to look into video monitoring of the Lyft cars and video recording features on the app, but so far, Lyft has not addressed those needs.

Failure to Respond

One of the major issues with Lyft is that the company is too slow to respond or, in some cases, does not respond to sexual assault claims made by passengers. 

In 2020, Caroline Miller was enjoying a night out with her friends and decided to call Lyft at the end of her birthday celebrations. On the way back, the driver raped Miller, who eventually got the courage to speak up and reach out to the company. In response to her rape allegations, Lyft only reimbursed her for the ride.

In December 2020, 19 women filed a joint lawsuit against Lyft, arguing that the company failed to respond and investigate complaints of sexual assault and rape. It seems that the company is only worried about protecting its profit margins.

Lyft Sexual Assault Lawsuit: Can I Sue Lyft for Rape or Sex Assaults

Previously, when passengers or drivers registered on the application (Lyft or Uber), they would blindly agree to the terms and conditions, which included forced arbitration. This allows the company to resolve sexual assault claims on an individual basis through independent arbitration, a move that would keep the issue of sexual violence under the bay.

After Uber announced that it would end forced arbitration in 2018, Lyft felt the pressure from its loyal customer base to follow in Uber’s footsteps. The move came after a CNN investigation that revealed 103 Uber drivers and 18 Lyft drivers were accused of sexual assault in the past four years.

The end of mandatory arbitration allows injured victims to pursue legal action and resolve their complaints in a manner they deem fit.

Sexual assault falls under intentional torts, and sexual assault victims can bring a civil action against the party, whether they’re passengers or drivers, to hold them accountable for their wrongdoings.

Injured victims must prove the following elements of sexual assault cases to recover damages:

  • Intentional act
  • Unpermitted act
  • Sexual touching
  • Damages

Sexual Assault Lawsuits Filed Against Lyft

After removing the mandatory arbitration requirement that drivers and passengers agreed to when signing up on the app, Lyft got hit by high-profile lawsuits by sexual assault victims alleging poor vetting process as the number one cause of such incidents.

In 2022, there were 17 lawsuits from around the country against Lyft, claiming that the company did not protect the victims from being physically and sexually assaulted by the drivers. Fourteen of the lawsuits alleged that the victims were sexually assaulted, while three claimed they were victims of physical assaults.

In 2021, Katherine Rasta was on a Lyft ride when the driver started making sexual advances toward her. She ignored him, but when she reached her destination, the Lyft driver locked the doors and sexually assaulted her. The driver scared her, stating he knew where she lived and could do anything if she opened her mouth.

Not all of the 17 lawsuits were from passengers. Stella Grant, a former Lyft driver, recalled how an intoxicated passenger started abusing and punching her one night while she drove the vehicle. At the end of the drive, Grant suffered severe injuries and had to go to the emergency room. Following her treatment, the doctors recommended Grant undergo therapy, but she couldn’t afford it as she had lost her job due to the pandemic layoffs.

In December 2019, 19 people came forward. They filed a Lyft sexual assault lawsuit against the company in the Superior Court of San Francisco, accusing the company of not doing anything to prevent sexual assaults, failing to investigate the complaints of sexual assault, and downplaying the seriousness of the incidents. New York Times reached out to the victims and revealed that most of the sexual assault victims were either drunk or unconscious during the sexual assault.

Can You Hold Lyft Liable for Sexual Violence or Assault Caused by Their Driver?

Since Lyft escapes liability by stating that they are not responsible for their driver’s actions as their drivers are independent contractors, it can be challenging to hold the company responsible for sexual misconduct, sexual harassment, sexual assault, or rape. However, it is not impossible.

When pursuing action against Lyft, injured victims must prove that the following events contributed to the sexual misconduct, sexual harassment, sexual assault, or rape:

  • Lyft’s negligent hiring processes and poor vetting process
  • Lyft’s failure for not taking the necessary steps to protect passengers and keep them safe
  • Hiring drivers with criminal charges or a dubious background
  • Failure of the company to investigate reports of sexual assault

Sexual assault cases involving ridesharing companies like Uber and Lyft can be challenging to prove, as injured victims must establish the company’s negligence that led to such events. It is crucial for injured victims to reach out to experienced Lyft sexual assault lawyers to discuss their cases and learn more about their legal options.

National Sexual Assault Hotline

RAIIN is the nation’s largest anti-sexual violence organization, and they operate a 24/7 national sexual assault hotline for injured victims to receive the help they need. 

We understand how difficult it can be to come forward for victims of sexual assault incidents, but contacting RAIIN at 1-800-656-4673 can help you get the help and resources you need to cope with the trauma mentally. You’re not alone!

Schedule a Free Consultation with Ehline Law Firm

Ehline Law is a leading personal injury law firm with over 15 years of superior track record helping more than 3,000 injured victims get the compensation they deserve.

If you’re a victim of sexual misconduct, sexual harassment, sexual assault, or rape due to the Lyft driver, contact us at (833) LETS-SUE for a free consultation on your case. No matter how challenging it is to pursue a sexual assault lawsuit against Lyft, our legal team will not stop until you’ve received the justice and compensation you deserve.

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Michael Ehline

Michael Ehline is an inactive U.S. Marine and world famous legal historian. Michael helped draft the Cruise Ship Safety Act and has won some of the largest motorcycle accident settlements in U.S. History. Together with his legal team, Michael and the Ehline Law Firm collect damages on behalf of clients. We pride ourselves in being available to answer your most pressing and difficult questions 24/7. We are proud sponsors of the Paul Ehline Memorial Motorcycle Ride, and a a Service Disabled Veteran Operated Business. (SDVOB.) We are ready to fight.

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