Articles Posted in Uber/Lyft

Uber and Lyft drivers who have been injured while transporting passengers in the past have run into significant roadblocks while trying to obtain compensation for those injuries. Rideshare services like Lyft and Uber have aggressively and consistently argued that all of their drivers are independent contractors and are not employees. This makes a huge difference as employees are entitled to many things that independent contractors are not, such as receiving a minimum wage, overtime pay or workers’ compensation benefits if they’re hurt on the job.

A recent federal court ruling offers some potential good news for drivers hurt on the job. These types of rulings should remind drivers that, if you’re hurt while driving for Uber or Lyft, there may be more options for compensation than you might have thought, so be sure to reach out to an experienced Chicago workers’ compensation attorney right away.

In that federal court case, no one was injured, but the Third Circuit Court of Appeals’ ruling still has the potential to help injured drivers. In the case, a driver in New Jersey, J.S., brought a class action lawsuit against Uber for its failure to pay him overtime compensation. The key to J.S.’s case was his argument was that Uber had engaged in misclassifying its drivers as independent contractors when the true nature of the relationship was one of employee-employer. That was vital because, generally, non-exempt employees are entitled to overtime pay, whereas independent contractors are not.

Rideshare services like Lyft and Uber continue to make headlines for negative reasons. According to a multitude of riders who have filed several lawsuits recently, Lyft isn’t doing nearly enough to protect riders and that unreasonable level of inaction by Lyft has played a role many injuries, including a Brooklyn woman’s alleged gang rape.

According to that woman’s lawsuit, Lyft doesn’t interview potential drivers, doesn’t do significant background checks on potential drivers, doesn’t fingerprint drivers and doesn’t remove drivers after riders report sexual misconduct. These failures and more, she argued, created the circumstances that allowed for her rape to occur. If you’re injured here in Illinois due to an attack perpetrated by your Lyft or Uber driver, it is possible that the rideshare service’s negligence may have played a role and you may be entitled to compensation from the rideshare service. Contact an experienced Chicago injury attorney to find out more about the legal options available to you.

According to a Vice report, the Brooklyn woman was injured in 2017 after she used Lyft for a ride home from a Crown Heights party. The ride should have taken only 15 minutes and cost less than $20. Instead, the driver allegedly took her on a 79-minute drive to a remote New Jersey location and gang raped her. On top of that terror and injury, Lyft charged the woman $106 for the ride, she asserted.

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Recently, this blog touched upon a serious risk for riders using rideshare services like Lyft and Uber. That danger is being sexually assaulted by a driver who should have been removed from the app or never should have been contracted in the first place.

The danger for riders is real, but, as a recent report details, riders are not the only ones at risk. According to the report, many drivers (mostly women) have been the victims of assault. The report calls into question the adequacy of the services’ actions to protect drivers, with some drivers indicating that the rideshare services are even less responsive to the dangers riders may pose to drivers as opposed to driver-on-rider assaults. If you’ve been hurt by your rideshare rider and you can show your injuries were due, in part, to the service’s inadequate safety measures, then you may be entitled to significant compensation. To find out more about what you can do, contact a knowledgeable Chicago injury attorney right away.

Back in 2017, the issue of rideshare drivers victimized by sexual assault was in the news. An Uber driver accused a famous professional football quarterback of having sexually assaulted her. According to the driver, the star NFL player reached between her legs and groped her genitals over her yoga pants. The player later apologized for “the position I put you in” and the NFL suspended him for part of the 2018 football season.

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Recently, this blog discussed a lawsuit where more than one dozen women sought damages based on the rapes or sexual assaults they allegedly suffered at the hands of their Lyft drivers. Certainly, it is entirely possibly for a rideshare company to contract with, and continue using, a driver who’s dangerous without knowing the risk. That lack of knowledge doesn’t insulate the rideshare service from liability; it simply means that the service is only potentially liable based on the legal concept of negligence.

However, what happens, you may wonder, if the service’s culpability goes further? What if the service did know and continued using a driver anyway? If that were true, then the service might be liable both for negligence and for its intentional misconduct which, in turn, could possibly open up additional damages, such as punitive damages. To find out what kind of damages your case might allow you to recover, be sure to reach out swiftly to an experienced Chicago injury attorney to discuss the facts of your specific situation.

This question of negligence versus intentionally wrongful conduct could be of particular interest to some Uber riders. The Washington Post recently reported that Uber has some practices with regard to drivers who pose a risk of sexual misconduct that some may view as troubling. According to the report, the rideshare service uses a “three strikes” system, in which drivers are allowed to stay on the road even after exhibiting inappropriate conduct.

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Recently, news stories have highlighted many different potential safety issues with rideshare services like Uber or Lyft. These issues can include things like the service’s failure to weed out people who are unsafe drivers and failure to weed out people who are dangerous individuals (such as sexual predators.)

The potential safety issues don’t stop there, though. As a recently article in Wired.com pointed out, rideshare riders have to worry, not only about their drivers being safe, but about the safety of the vehicles carrying them. The Consumer Federation of America estimates that there are roughly 70 million vehicles on U.S. roads that have unrepaired safety recall issues, according to Wired. In other words, any time you ride with Lyft or Uber, you may be riding in a recalled car. If that’s true and you’re hurt in an accident, you may be entitled to compensation, so you should reach out to an experienced Chicago car accident attorney to learn more about your legal options.

The problem of unrepaired recalled vehicles is fairly widespread. Part of that is because the volume of recalls is quite large. General Motors recently issued a sweeping recall due to defective ignition switches and another large one recently for vehicle with airbags made by a certain manufacturer. Given that NHTSA statistics show that fewer than 60 percent of recalled vehicles were fixed, it is easy to see how tens of millions of unrepaired recalled cars could be on U.S. roads.

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For most people, using a rideshare service to get around is an ordinary activity and no big deal. One night in October 2018, a woman named Gladis hailed a Lyft for a ride, but her ride was horrifically the opposite of ordinary. The driver allegedly locked the doors of his vehicle, drove around for many hours, and then forcibly took Gladis to a beach and raped her, according to her lawsuit.

Gladis was far from alone. In Gladis’ California lawsuit against Lyft, more than a dozen women additional women joined her, asserting that they were raped or sexually assaulted by Lyft drivers. ABC 7 in San Francisco reported that the women’s attorneys allegedly unearthed more than 100 instances where women suffered sexual assaults during Lyft rides, all in California and all in an 18-month period. What this tells you is that, for too many women, sexual assault or rape by rideshare drivers is a painful reality. If you suffer such harm while using a rideshare service like Lyft or Uber in Illinois, you should be sure to reach out to an experienced Chicago injury attorney to discuss your legal options.

The California survivors making up the group of plaintiffs in Gladis’ lawsuit asserted that Lyft’s efforts to weed out sexual predators from contracting as Lyft drivers were so insufficient as to amount to negligence in multiple different ways. For one thing, the service allegedly did not take proper steps after receiving a sexual assault complaint. According to the survivors, Lyft merely conducted internal investigations into the complaints and did not forward those complaints on to law enforcement authorities.

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In a recent ruling, a federal judge threw out an injured Uber passenger’s lawsuit claim that Uber was negligent in its hiring of the driver who caused his injuries. While that is not good news for the passenger, there is a silver lining. The judge allowed the injured man to re-file at a later date and also provided some key knowledge for this passenger and, potentially, for other injured in accidents caused by Uber or Lyft drivers. Suing Uber or Lyft and winning isn’t easy. To make sure you are pursuing your case in the most effective way possible, be sure that you have an experienced Chicago injury attorney working for you.

According to the injured passenger, J.F., his night of December 22, 2016 unfolded as follows: he entered an Uber vehicle in Philadelphia and told the driver he wished to travel to Cherry Hill, New Jersey. The driver refused. The passenger, aware that Uber policy doesn’t allow “a driver to refuse a trip after learning where the customer wants to travel,” didn’t leave and repeated his demand to ride to New Jersey. The driver got out, came around to the passenger side of the vehicle, pulled the passenger out, threw him to the ground and proceeded to kick and beat him, causing the passenger to suffer multiple broken bones and teeth.

As a result of those injuries, the passenger sued Uber. One of the claims that the passenger made in that lawsuit was that Uber was negligent in hiring the driver who beat him. The trial court eventually dismissed that claim, but the judge allowed the injured man to pursue additional discovery and re-file the negligent hiring claim later once he acquired more evidence.