Can Uber or Lyft Be Held Responsible for Driver Sexual Assaults?

An Uber or Lyft driver who commits a sexual assault can face criminal prosecution, but criminal charges are not the only avenue for seeking justice. Survivors may also have the right to pursue a civil lawsuit against the individual responsible and, in some circumstances, against the rideshare company itself. Whether Uber or Lyft can be held legally responsible depends on the specific facts of the case. These lawsuits often focus not only on the driver’s conduct but also on whether the company failed to take reasonable steps to protect passengers from foreseeable harm. At Kalfayan Merjanian, LLP, our California personal injury trial attorneys hold rideshare companies accountable when their negligence contributed to a preventable sexual assault.

Is Uber or Lyft Automatically Liable for a Driver’s Conduct?

No. A rideshare company is not automatically liable simply because one of its drivers committed a sexual assault. Uber and Lyft generally classify their drivers as independent contractors rather than employees, and they often rely on that classification when defending civil lawsuits. However, that does not necessarily shield the company from liability. A rideshare company may still be held responsible if its own negligence contributed to the assault. Rather than focusing solely on the driver’s actions, these cases frequently examine whether the company failed to implement or enforce reasonable safety measures designed to protect passengers.

When Can a Rideshare Company Be Held Liable?

Every case is unique, but a rideshare company may face liability if its own actions or omissions contributed to the assault. For example, civil claims may involve allegations that the company:

• Failed to conduct reasonable background screening.
• Approved or retained a driver who should have been disqualified.
• Ignored prior complaints involving inappropriate conduct.
• Failed to investigate reports of misconduct adequately.
• Allowed a driver with a history of safety concerns to continue transporting passengers.
• Failed to implement reasonable passenger safety procedures.

A thorough investigation often includes reviewing the driver’s application, background screening records, complaint history, communications with the company, and the company’s internal safety policies.

What Is Negligent Hiring?

Negligent hiring is a legal theory that may apply when a company hires someone whom it knew or reasonably should have known posed an unreasonable risk of harming others. In the rideshare context, this may involve allegations that a driver should never have been approved because available background information revealed disqualifying criminal conduct or other significant warning signs. Whether negligent hiring occurred depends on the facts of each case, including the information that was available to the company when it approved the driver.

What Is Negligent Retention?

Even if a driver initially passed the screening process, a rideshare company may still face liability if it failed to remove the driver after learning of dangerous conduct. Negligent retention claims often focus on what the company knew after the driver began accepting rides. For example, if multiple passengers reported sexual misconduct, harassment, or threatening behavior and the company failed to investigate appropriately or allowed the driver to remain active on the platform, those facts may become important evidence in a civil lawsuit. These cases frequently require obtaining company records, prior complaint histories, and internal communications regarding the driver’s continued access to the platform.

What Background Checks Do Uber and Lyft Require?

Both Uber and Lyft state that they require prospective drivers in the United States to complete criminal background checks and driving history reviews before being approved to accept rides. The companies use third-party screening providers and evaluate applicants based on criminal history, driving records, and other eligibility criteria.

According to Uber’s published safety policies, driver screening includes a motor vehicle records check and a criminal background check that searches multiple databases, including the National Sex Offender Public Website, federal court records, state and local criminal records, and other sources. Uber also states that it runs criminal background checks annually and uses continuous criminal record monitoring to identify certain new charges or convictions between annual screenings. Drivers with convictions for sexual assault, sexual offenses involving minors, violent felonies, and certain other serious crimes are supposed to be permanently disqualified from driving on the platform.

Lyft similarly requires criminal background checks and driving history reviews before approving drivers. According to Lyft, applicants may be disqualified if they are listed on the National Sex Offender Registry or have been convicted of specified violent crimes, sexual offenses, terrorism-related offenses, or certain other disqualifying crimes. California law also requires Lyft to disqualify applicants with certain criminal histories.

The existence of background screening policies, however, does not necessarily resolve questions of liability. Civil lawsuits often examine whether the screening process was properly implemented, whether available warning signs were overlooked, and whether the company responded appropriately after receiving complaints about a driver’s conduct.

Does Passing a Background Check Mean a Driver Is Safe?

Not necessarily. Background checks are only as effective as the information available at the time when they are conducted. A person may have no prior criminal convictions yet still commit a sexual assault. Likewise, a background check may not reveal misconduct that was never reported to law enforcement or did not result in a conviction. For this reason, civil investigations often extend beyond the initial screening process. Attorneys may examine whether complaints were made after the driver began working, whether those complaints were investigated thoroughly, and whether the company should have suspended or permanently removed the driver from the platform.

How Do You Prove Uber or Lyft is Liable for an Assault?

Successfully pursuing a claim against a rideshare company often requires extensive investigation. Important evidence may include trip records, GPS data, driver screening documents, complaint histories, communications between the company and the driver, internal safety policies, surveillance footage, witness statements, and records showing how the company responded to prior reports of misconduct. In some cases, discovery during litigation may reveal information that would not otherwise be available to the survivor, including evidence regarding internal investigations or company safety practices.

Can You Sue Uber or Lyft Even If Criminal Charges Are Not Filed?

Yes. Civil claims are independent of criminal prosecutions. A prosecutor’s decision not to file charges—or the absence of a criminal conviction—does not by itself prevent a survivor from pursuing compensation through a civil lawsuit. Civil cases have different legal standards and focus on whether the evidence establishes liability under California civil law rather than proving guilt beyond a reasonable doubt. An experienced attorney can evaluate whether the available evidence supports claims against the driver, the rideshare company, or both.

Contact Kalfayan Merjanian, LLP After a Rideshare Sexual Assault in California

If you were sexually assaulted during or after an Uber or Lyft ride, you may have legal options beyond the criminal justice system. Determining whether the rideshare company shares responsibility requires a careful investigation into driver screening, complaint histories, company policies, and the circumstances surrounding the assault. Kalfayan Merjanian, LLP is committed to helping survivors pursue accountability and seek the compensation they deserve. Contact Kalfayan Merjanian, LLP today for a confidential consultation about your legal rights.