Ridesharing services like Uber and Lyft offer convenient and affordable transportation through their networks of independent drivers. However, the increased popularity of ridesharing has also raised concerns about passenger and driver safety. High-profile incidents of assault and harassment have highlighted how rideshare companies often fail to adequately screen, train, and supervise their drivers. If you’ve been the victim of a rideshare driver’s negligence or misconduct in Hawaii, you may have grounds to hold their employer legally responsible.
The Duty of Care Owed to Passengers
Rideshare companies market their services as safer and more reliable than traditional taxis. Implicit in their branding is a promise to vet drivers and provide a secure environment for riders. Under the legal theory of negligence, rideshare companies have a duty to exercise reasonable care in selecting, training, and supervising their drivers. If they fail to take adequate precautions, they can be held liable for any foreseeable harm to passengers.
Specific examples of negligence could include:
- Failing to perform sufficient background checks on drivers
- Hiring drivers with criminal records or a history of violence
- Failing to provide safety training on pickup procedures, accident protocols, de-escalation techniques, etc.
- Failing to maintain clear policies prohibiting harassment, discrimination, unsafe driving, drug/alcohol use, etc.
- Failing to adequately monitor driver performance through ratings, feedback, and periodic evaluations
- Failing to promptly investigate complaints and terminate dangerous or unqualified drivers
If a rideshare company breaches its duty of care through negligent hiring or supervision, it can be held vicariously liable for any harm caused by its drivers within the scope of employment. The injured plaintiff does not need to prove the rideshare company was independently negligent. By establishing the driver’s negligence and employment relationship, the plaintiff can recover damages from their employer.
Documenting Evidence of Negligence
To prove a rideshare company failed to exercise reasonable care, you need documented evidence of inadequate hiring, training, or oversight. This evidence could include:
- Driver backgrounds showing a criminal history or prior complaints/termination
- Lack of safety training materials or ride-along evaluations
- Absence of clear safety policies and procedures
- Prior passenger complaints of dangerous driving or sexual misconduct
- Dash cam footage or surveillance video documenting improper driver behavior
- Admissions by company representatives regarding lapses in driver screening or supervision
Circumstantial evidence may also help demonstrate a pattern of negligence. For example, an abundance of one-star reviews complaining about unsafe rides or driver misconduct can suggest the company does not adequately address these issues.
Without concrete evidence of negligence, it becomes much harder to establish liability. That is why it is important to preserve all available proof if you intend to pursue legal action after an incident with a rideshare driver.
Potential Damages in Injury Claims
If you’ve suffered physical, emotional, or financial harm due to a rideshare driver’s negligence, you may be entitled to substantial compensatory damages. These damages aim to make the plaintiff whole again by providing compensation for all losses flowing from the defendant’s negligence.
Potential damages could include:
- Medical expenses (ambulance fees, hospital bills, rehab, etc.)
- Lost wages from missed work due to injury
- Cost of future medical treatment and rehabilitation
- Property losses (repairs/replacement for a damaged vehicle)
- Pain and suffering
- Emotional distress
- Loss of enjoyment of life
- Punitive damages in cases of especially egregious misconduct
The precise value of your damage claim depends on the unique circumstances of your case. An experienced personal injury attorney can help assess the full scope of compensable damages based on evidence like medical records, pay stubs, therapy bills, etc.
Pursuing Financial Recovery and Improved Safety
Holding rideshare companies financially accountable for negligence is one way to incentivize meaningful reform. Large verdicts and settlements force these transportation giants to re-examine their duty to protect passengers. Yet monetary recovery is just one part of improving public safety. Rideshare reform also requires regulatory action and consumer advocacy.
To combat “hop-in and hop-out” services like UberPOP, state regulators banned these operations back in 2014 to ensure all rideshare drivers undergo proper vetting and registration. Many victim advocates have also called for more robust background checks, fingerprint IDs, camera surveillance, and zero tolerance policies against abusive drivers. Others believe rideshare services need enhanced insurance requirements and caps on hours to deter fatigue and unsafe driving.
By punishing negligence through civil litigation and pushing for institutional change, we can pressure companies like Uber and Lyft to make rider safety a top priority. No one should risk assault, harassment, or injury when booking a ride.
The Role of the Media and Public Pressure
Media coverage and public outcry over rideshare incidents can both be crucial in catalyzing reform in the rideshare industry. When reporters investigate and expose patterns of negligence and misconduct, it generates PR crises for transportation giants. Likewise, social media activism helps galvanize public opinion around the need for legislative and policy fixes.
Uber only started doing annual background checks after facing backlash over its initial limited screening. When consumers demand change through protests, petitions, and viral campaigns, regulators and companies feel compelled to take action to restore public trust. Maintaining media and public pressure is key to sustaining momentum on this issue is key to sustaining momentum on improving rideshare safety.
Get a Free Case Review if You’ve Been Injured
If you’ve suffered harm as a rideshare passenger in Hawaii, you may have a legitimate negligence claim against the driver’s employer. At Daniel T. Pagliarini, our experienced personal injury attorneys offer free, no-obligation case evaluations. We can examine the circumstances of your incident, collect supporting evidence, and advise you on the merits of potential legal action. Our firm works on contingency, so you pay no fees unless we successfully recover compensation.
To schedule a free consultation with our team, call (808) 745-1592 or contact us online today.
You can also visit our office at 700 Bishop St, Ste 2100, Honolulu, HI, 96813.
We are here to help you understand your rights and options. Don’t let Uber or Lyft get away with negligence.