Key Takeaways
- Thousands of sexual assault claims against Uber have been consolidated into multidistrict litigation (MDL).
- Recent bellwether trial verdicts suggest juries may hold Uber responsible despite its independent contractor model.
- Survivors may pursue civil claims against both individual drivers and rideshare companies.
- The lawsuits could influence how courts evaluate liability involving app-based transportation platforms nationwide.
Rideshare giant Uber is facing intense scrutiny over whether it can be held legally responsible for sexual assaults allegedly committed by drivers using the platform. The outcome of a lawsuit last month suggests that juries aren’t afraid to name Uber responsible for an assault, even though its drivers are classified as independent contractors rather than employees. The jury’s decision came as a blow to the company, which lost a similar lawsuit in February. Uber indicated in a statement to The New York Times that it may seek an appeal.
How the Uber Sexual Assault MDL and Bellwether Trials Work
Thousands of plaintiffs who say they were sexually assaulted by drivers are suing Uber to compensate them for what they endured. The cases have been combined into multidistrict litigation (MDL), which occurs when similar cases filed in different courts are consolidated for review by one judge. The lawsuits were centralized in 2023 under a federal judge in California. The plaintiffs span 30 states, and an MDL streamlines the process. Additionally, combining litigation can speed things up. It reduces the load on the federal court, helps avoid repeat hearings and depositions, and gives both sides an idea of what settlements might look like. For cases with similar complaints, multidistrict litigation often makes the most sense.
Bellwether trials are an important part of an MDL. Rather than every case being tried individually, a bellwether trial allows for a handful of test cases to be brought before the court, and these trials usually involve a jury. There are different methods of selecting these cases. Sometimes, they’re picked randomly. In other instances, attorneys for the plaintiffs and defendants nominate cases that they think are most likely to benefit them. Uber picked the recent lawsuit that it lost, which is significant. The company thought it’d be more likely to beat the case when they selected it, but they were proven wrong. The first lawsuit decided against Uber was picked by the plaintiffs’ side.
The facts of the two lawsuits differ. In the first case, a 19-year-old woman said an Uber driver entered the backseat of the car and sexually assaulted her. She was awarded $8.5 million after a jury found that the driver was an “apparent agent” of Uber — in simpler terms, the company can be held liable even without a formal employment agreement. In the second, the plaintiff said that an Uber driver grabbed her inner thigh in 2019 when she was 23. Lawyers for Uber insinuated the woman was less credible because she had a history of substance abuse. A jury still awarded her $5,000. One legal expert told the New York Times that the company’s failure to win could mean they’ll face more trouble down the road.
“Everyone deserves to feel safe when using a rideshare platform, but that unfortunately isn’t always true for riders who are targeted for sexual assault,” says Jessica Pride, who is Managing Partner of The Pride Law Firm and handles rideshare sexual assault cases nationwide. “From what I’ve seen representing survivors of sexual assault in rideshares, they are often left dealing not only with devastating trauma, but also with questions about whether the company behind the platform could have done more to help prevent what happened. These cases raise important questions about corporate responsibility and passenger safety.”
Can Uber Be Held Responsible for Sexual Assaults Committed by Drivers?
The question at the center of the MDL is whether Uber is shielded from liability if a driver commits a crime like sexual assault. The company’s insistence that its workers are independent contractors rather than employees benefits Uber for a few reasons. Uber drivers aren’t eligible for paid leave or health insurance, and they generally aren't covered by workers’ compensation after an injury. While Uber does offer liability insurance that provides coverage up to $1 million after car accidents, the rideshare service maintains that it is not responsible for the actions of its drivers. The ongoing litigation is directly challenging that argument. It could shape how courts evaluate companies that rely heavily on independent contractors, and could affect whether businesses that use independent contractors are held accountable after sexual assault.
What Uber’s Sexual Assault Reports Reveal About Rideshare Safety
Uber says the sexual assault occurrence rate is extremely low — according to one company report, 0.006% of the billions of rides taken from 2017 to 2022 involved alleged sexual misconduct. Some argue the 99.9% safety rate isn’t satisfactory, even if it’s a fraction of the total number of customers served. Critics argue that even a very small percentage can still translate into a significant number of alleged assaults when billions of rides are involved. According to the company, there were 400,000 reports during the five years. It’s worth noting that most sexual abuse isn’t disclosed to law enforcement, so there’s a likelihood that some of the people who experience sexual assault during a ride choose not to file reports. The true number is almost certainly higher than what Uber reports.
Why Uber’s Independent Contractor Defense Is Being Tested
Uber’s long-standing argument that it should not be legally responsible for assaults committed by drivers using the platform is now facing growing scrutiny in courtrooms across the country. Uber has long been criticized for using its independent contractor classification to avoid responsibility for wrongdoing. Given that the two bellwether cases were decided in favor of the plaintiffs, Uber’s legal fight isn’t going the way the company hoped, and it’s a sign that courts and juries may find the company liable regardless of the work categorization of drivers. If the lawsuits tried so far are indicative of how the rest of the cases will be handled, it could signal future challenges for ridesharing platforms. Uber and similar companies conduct background checks on drivers, but the overwhelming majority of perpetrators will never be convicted of a crime, which allows predators to slip through the cracks.
The Lasting Trauma Survivors May Experience After Sexual Assault
When someone gets into a rideshare vehicle, they expect to arrive at their destination safely, but that isn’t always the case. The aftermath of sexual assault can be devastating. Sexual abuse is inherently traumatic, but often even more frightening for anyone who is targeted while ridesharing. As a passenger, you are effectively trapped during a ride, and the driver has full control over where you’re going. Opening the door of a moving vehicle to jump out is dangerous, so riders may feel like they don’t have options. It’s also extremely common for survivors to feel incapable of fighting back during assaults. There’s a significant power imbalance, and a driver may even have access to a passenger’s home address, making the situation even scarier. Many survivors describe feeling frozen, trapped, or unable to escape the situation safely.
Sexual assault is linked to high rates of post-traumatic stress disorder, and the trauma it causes can have lifelong effects. The emotional, psychological, and physical effects of sexual assault can follow survivors for years, and they may feel angry knowing the abuse didn’t have to happen, while also being left to wonder what steps should be taken during the recovery process.
What Legal Options May Exist After a Rideshare Sexual Assault
Some of those affected by sexual assault press charges in hopes of seeing perpetrators prosecuted and held accountable by the criminal justice system. Others file civil lawsuits for sexual assault, which allow survivors to recover damages. No amount of money can undo what happened, but financial compensation can cover lost wages, therapy costs, and the needless pain and suffering endured. Someone who experienced an assault during an Uber ride may choose to sue the individual driver, along with the rideshare company, to account for negligence. As the lawsuits continue to move forward, it’ll become clear whether Uber’s defense will hold.
