Legal Accountability in Ride-Sharing: Analyzing Uber Amid Sexual Assault Allegations
Imagine this: You’re wrapping up a night out with friends. With just a few taps on your phone, a ride is on its way to take you home safely. By offering convenience and affordability at our fingertips, ride-sharing services like Uber have revolutionized how we get around.
But alongside the perks of this modern transportation marvel, a darker issue has emerged—allegations of sexual assault involving drivers.
According to the data Uber recently released, the ride-sharing service has received over 3,800 complaints of sexual assault between 2019 and 2020. Doesn’t the sheer volume of these complaints surprise you? TorHoerman Law notes that nearly 10,000 sexual assault cases were reported to Uber between 2017 and 2020.
The real question here is: How does Uber, a giant in the industry, address these serious accusations? Join us as we seek some answers today.
The History of Uber and Sexual Assault Cases
Let’s rewind to 2009 in San Francisco, where a couple of tech entrepreneurs had a groundbreaking idea. An app that could connect riders with drivers at the touch of a button. That idea was Uber, and it didn’t take long for this ride-sharing service to take off, transforming urban transportation worldwide.
With its promise of convenience and affordability, Uber quickly expanded across cities, becoming a household name. But as Uber’s popularity soared, so did concerns about passenger safety.
Reports of sexual assault by drivers began to surface, casting a shadow over the company’s success. These disturbing but eye-opening cases have raised urgent questions about how Uber ensures the safety of its passengers.
Despite over 6,000 assault cases against Uber coming to light in 2022, the situation hasn’t changed all that much. An LA incident that took place last year serves as a suitable example.
An Irvine-based woman, who had had a few drinks with friends on the night of April 16, 2023, called an Uber ride to get home safely. Daniel Mercado, her driver, was swift to arrive and pick her up. However, as the woman fell asleep along the way, she was woken by the driver, who was now in the backseat, trying to rape her.
The cab was parked in an empty street near her university, but she couldn’t move or escape from the attack. The victim filed a formal complaint of the incident on November 8. It was through a private investigator hired by her attorney that they found out that the driver had fled to Mexico following the incident.
In light of these frequently occurring incidents, over 200 women have filed an Uber sexual assault lawsuit against the ride-sharing giant. These lawsuits allege that Uber has failed its customers through its improper screening process that allows criminals to join its workforce. As of June 2024, the ongoing lawsuit has become a multidistrict litigation (MDL).
Not All Assaults Suffered in Uber Rideshare Are Sexual
As we discussed in the introduction, the nature of assault taking place in Uber’s ride-share is not restricted to sexual. Physical assaults are just as common, and here’s a recent case outlining the same:
Rommel Fuentes, a Virginia man who had filed a complaint against Uber in 2023, finally saw justice in a Virginia district court in March 2024. Fuentes’ complaint recounted how he was struck by his Uber driver, Kehinde Micah, over a payment conflict.
When Fuentes approached Uber for accountability for the assault, the ride-sharing service dismissed his claims. This led him to take matters to court, where the judge ordered Uber to pay him a settlement of $15 million.
While Fuentes won the compensation that he deserved – even after a long-drawn trial – not everyone is that fortunate. Justice is not as easy to come by for other victims of physical assault in ride-sharing cabs.
Does Uber Hold Accountability for the Sexual Assault Cases Filed Against It?
When it comes to the serious allegations of sexual assault involving Uber drivers, the question of accountability is complicated. Consumer Notice observes how, just like Lyft, Uber also withdraws responsibility of the ride-sharing assault cases filed against it. This is on grounds of their drivers being independent contractors and not Uber’s employees.
However, under the guidelines of the U.S. Equal Employment Opportunity Commission, they’re still officially liable. These guidelines dictate that employers need to take responsibility for controlling the harassing behavior of their contractors once they’ve known about it. They compel the ride-sharing giant to take liability despite their non-employee relationship with the drivers.
In light of these guidelines, Uber has taken measures to address the rising assault concerns and ensure safety for its women passengers. These include recently installed features on the app, like the emergency-assistance button, phone number anonymization, and RideCheck.
Beyond these features, Uber has also partnered with several advocates and experts of gender-based violence around the globe through its Driving Change initiative. These organizations – including NO MORE and me too. International – are helping Uber improve the safety standards of the ride-sharing industry.
Frequently Asked Questions (FAQs)
Has Lyft taken any recent measures to promote women’s safety?
Yes. In 2023, the ride-sharing service launched a Rider-Driver match tool on its app, specifically for its women passengers. The tool enables women to choose women drivers for their ride. The goal of the feature is to prioritize matches between women and non-binary riders and drivers.
Do cab services see more assault crimes during nighttime?
Yes, cab services, including ride-sharing platforms like Uber, tend to see more assault crimes during nighttime. This time-influenced increase has several contributing factors, including reduced police presence and visibility and higher rates of alcohol consumption. Furthermore, nighttime rides often occur in less populated areas, making them even riskier.
Why does Uber have dynamic pricing?
The dynamic pricing system – called “surge pricing” – used by Uber is an effort to balance the supply and demand of their service. The higher prices of rush hours work as an incentive for drivers to manage the increased number of rides.
In summary, the issues surrounding safety and accountability in Uber ride-sharing, and its response to sexual assault cases, are pretty complex. It is true that Uber’s made moves like adding safety features and teaming up with advocacy groups. However, there’s still a lot of uncertainty about the effectiveness of these steps and whether Uber’s doing enough.
