Nearly all Uber and Lyft rides go off without a hitch. But a small percentage end in an accident, which may or may not be your driver’s fault. The ride may also end with a sexual assault or attempted sexual assault, which is far more common for Uber passengers than the company has admitted in the past.
From 2017 to 2022, Uber received a report of sexual assault or misconduct in the US an average of nearly every eight minutes, according to the New York Times. They state that sealed court records show the problem is much more common than the company previously stated.
What is Uber?
Uber is a rideshare platform that makes money from every ride it arranges through its app. Uber does business in 70 countries. Their 2024 revenue was $12 billion (up 21% from 2023) and their net income was $770 million, according to the company.
Why Do Sexual Assaults Happen During Uber Rides?
Uber recruits passengers and drivers. Potentially, these rides could start and end anywhere, at any time. This includes female passengers who may be in situations that make them vulnerable to sexual assault. They’re in a car with a total stranger who could potentially drive them to a place where no one sees or hears them. Uber also markets its services as a way for people who’ve had too much to drink to get to their destination safely, so some of these women may be intoxicated.
To maximize profits, Uber has taken steps to ensure, legally, that its drivers are not considered employees. However, they and their vehicles are subject to Uber’s rules and must receive sufficient customer ratings.
How is Uber Responsible When a Driver Assaults a Passenger?
It boils down to Uber unreasonably putting passengers in situations where sexual assaults happen with drivers who showed they may not be trustworthy, but were allowed to drive anyway. Each case will have its own unique evidence and issues.
Uber screens drivers and may not allow them to use their platform if complaints about them are numerous and serious enough. This hasn’t stopped sexual assaults of passengers from happening. Teams of Uber data scientists and safety experts have studied the problem for years. They tested tools that could make trips safer, including the following:
- Sophisticated algorithms match passengers and drivers
- Mandatory video recording of trips, and
- Pairing female passengers and drivers
But the company delayed or didn’t require drivers to adopt some of the programs with the most potential, and it didn’t warn passengers about issues it linked to attacks.
Uber Sometimes Chose to Protect Itself, Not Its Passengers
Safety was sacrificed as the company prioritized the following:
- Increasing its user base
- Avoiding costly lawsuits, and
- Protecting its approach of using less expensive independent contractors instead of employees
Independent contractors are not required to be paid at least the minimum wage or overtime, nor are they entitled to breaks. Additionally, they are not protected by unions. As a result, Uber drivers are minimally supervised.
Between 2017 and 2022, 400,181 US Uber trips resulted in sexual assault and misconduct reports. In the past, Uber disclosed 12,522 accounts of what it considered serious sexual assaults for that time frame, without stating the total number of sexual assault and misconduct reports it received.
The number of incidents has recently increased, alongside overall ridership. But, if the company only counts what it calls “critical sexual assaults” the 2023 and later numbers should be below the 2017 level.
With Massive Amounts of Data at Its Disposal, Uber Finds Sexual Assault Patterns
Uber has found sexual assaults involving their drivers follow distinct patterns, including the following:
- Women are most often the victims
- Attacks usually occur late at night and on weekends
- Pickups largely originate near a bar
- Intoxicated passengers are particularly vulnerable
- The vast majority of offenders are men with records of low passenger ratings and sexual misconduct complaints
In 2016, Uber data scientists found safety incidents were rare but predictable. They developed a machine-learning model to predict which matches of passengers and drivers might lead to an incident. Factors included 43 predictors, including negative passenger feedback, safety incident history, and geographic information (including the number of bars near where a passenger would be picked up).
This led to the development of their Safety Risk Assessed Dispatch algorithm. It was tested and correctly anticipated 15% of sexual assault reports in the Los Angeles area. It went nationwide in 2022.
Missed Opportunities
Last year, the company discovered that despite its efforts, it was still dispatching high-risk trips. They didn’t take action to actively reduce those trips because it would negatively impact many rides that would proceed safely.
As early as 2014, the company began exploring the use of a system to video record rides. But though they thought it could discourage sexual assaults, the company didn’t require them because it conflicted with their approach of using independent contractors, not employees. The more the company supervises drivers, the better their argument that they’re treated like employees, so they should be paid like them.
The company also delayed offering female passengers the option of using female drivers, a practice adopted in other countries, due to concerns about potential sex discrimination lawsuits.
A company is allowed to make reasonable business decisions. What gets them into legal trouble is giving too much emphasis on protecting their wealth and how they manage their operations, instead of emphasizing customer safety.
Contact Us Today
If you’re injured or sexually assaulted during an Uber ride, the Fleck Firm is here to help you. The law limits how long you can file a lawsuit after your injury. By filing a claim, you may be adequately and fairly compensated for your injuries and financial losses. This process can place you back in the position you would have been in had you not been involved in an accident or assault.
Contact The Fleck Firm today to schedule a free consultation by calling us at (270) 446-7000 or by filling out our online contact form.
