Uber/Lyft may expect to be released of liability for injuries caused by an assault by an Uber/Lyft driver. The system of employing a network of independent contractors may permit them to avoid traditional responsibilities employers are usually responsible for. However, there are laws designed to protect passengers of assault and other intentional injuries caused by Uber/Lyft drivers. While these laws may not be explicitly written, attorneys with sharp lawyering skills know how to argue basic principles of law in situations where companies use legalese or legal jargon to avoid essential social responsibilities.
If you or someone you love has been assaulted by an Uber/Lyft Driver, be skeptical of anyone telling you Uber/Lyft cannot be held responsible for your injuries. The award-winning attorneys of The Reiff Law Firm have the experience and insight necessary to stand up against indifferent tactics Uber/Lyfft use to limit liability and exposure for the companies. Our command of complex legal issues gives us the insight to fight for the rights of unsuspecting Uber/Lyft passengers who trust these companies to enroll diligent and good-natured drivers. If you are overwhelmed with medical bills, we can seek compensation for your injuries. To schedule a free legal consultation call (215) 274-0072.
Liability for Drivers of Rideshare Companies in Pennsylvania
Uber/Lyft employer can be liable when an independent contractor they hire assaults a customer. Pennsylvania courts recognize vicarious liability exists under the doctrine of “Respondeat Superior” in certain instances. Vicarious liability is a concept typically brought in cases when there is indirect responsibility such as the relationship created when someone hires an independent contractor. Moreover, the term Respondeat Superior is a fancy way to state someone other than the driver was a superior who benefitted from your payment for the services.
It stands to logic that anyone who receives a percentage of the profits will bear some responsibility for failing to probe drivers in ways that will protect passengers from injury. In a ride-sharing business that involves personal contact when a passenger gets into the driver’s own car, it’s reasonable to foresee situations when a driver can get aroused by the circumstances and inflicts an unjustifiable injury upon a passenger. This is not always easy to prove because employers argue assaults are not within the scope of the employee’s duties, such as condoning, instigating or authorizing assault in furtherance of driving a passenger. However, skilled personal injury attorneys with drive and experience know how to combat superficial arguments to avoid responsibility. The nuances in the application of this legal doctrine depend on many factors. Our decades are working out favorable settlements, and successful monetary awards, are the reason we know that there are ways to rise above the fray with strong legal arguments.
While ridesharing companies are a novel concept, there are longstanding doctrines of law that can apply to certain situations. With the right legal representation, passengers can demonstrate that the profits Uber/Lyft make are substantial enough that they bear responsibility for putting passengers’ lives at risk.
Negligent Hiring of Uber/Lyft Drivers in Philadelphia, PA
While Pennsylvania law doesn’t demand employers to provide protections related to negligent hiring of those with criminal records, it recognizes claims for negligent recruitment, retention, and supervision for failure to exercise reasonable care in the selection or training of its employees.
A skilled personal injury attorney can argue ways in which some drivers are not mere independent contractors. Such an action can be brought if all elements of negligence, including causation, are established. An employer may be negligent for the failure to exercise reasonable care in determining an employee’s propensity for violence in an employment situation where the violence would harm a third person. In these situations, a plaintiff must establish that the employer breached a duty to protect others against a risk of harm. A skilled personal injury attorney has the experience needed to bring a solid case for failing to protect Uber/Lyft passengers against risks.
In negligent hiring and negligent retention actions, the negligence of the employer in such a case is direct, arises from it’s having placed the employee in a position to cause foreseeable harm; that is, harm which the injured party most probably would have been spared had the employer taken reasonable care in making its decision concerning the hiring and retention. It would be hard for Uber/Lyft to state they have no way of knowing a driver has a propensity for anger and assault when there are ways to check whether someone has been involved in crimes with a basic background check. Most states share this information these days. In addition, passenger reviews can reveal a wealth of knowledge and put them on notice of dangers these drivers can present.
Uber/Lyft’s Responsibility to Avoid Drivers with a Record of Violence
Background checks alone don’t have to be the ways to prevent negligent hiring and retention. Technology these days gives ride-sharing companies multiple ways in which drivers’ propensity for violence or recklessness can be detected. Drivers have ways to record and keep track of their journeys. With the active use of this technology, ridesharing companies will have a hard time avoiding responsibility for putting the lives of passengers at risk.
Call a Philadelphia, PA Uber/Lyft Assault Injury Lawyer Today
The accomplished Philadelphia, PA personal injury attorneys have successfully served your community for over 35 years. Our dedication to fighting for your rights and seeking financial compensation aggressively and relentlessly is the reason we continue to stand out. Our results-oriented approach has helped many clients cover their losses at times of enormous personal stress caused by mounting medical bills. Call (215) 274-0072 to schedule an appointment.