In May 2021, a mother and daughter were victims of an erratic, abusive, and racist driver of a well-known ridesharing company. Traveling to Charleston from Atlanta, Georgia for Mother’s Day, they encountered unforeseeable car trouble. Stranded on the interstate due to COVID protocols, they were inclined to continue their travel via a ridesharing company since the towing company did not allow passengers. Retrieving a connected driver, the mother and daughter continued their way to Charleston.
The initial encounter was described as “odd” when the driver moved into the grass to let them in. Securely in the vehicle, they felt unsafe as the driver began to show dangerous behaviors while operating the vehicle. They described him driving at high speeds, speaking in a derogatory manner, taking his hands off the steering wheel, and rejecting the polite requests of the passengers.
The South Carolina civil litigation attorneys at the Law Office of Sean M. Wilson retained the victims as clients. From past experiences with the popular ridesharing company, they understood how the business responded to claims similar to those mentioned above. The ridesharing company is known to disregard the reckless and terroristic behaviors of its drivers despite repeated offenses.
Diligently, our legal team took extra steps to force a response from the company, including obtaining a segment about the filed suit in the local media where the company is headquartered. Working hard around the clock, the suit settled in favor of the two victims, leaving both with a new beginning.
Legal Issues in Rideshare Company Liability Cases
Rideshare companies have specific obligations to protect passengers, which include properly vetting drivers and responding appropriately to safety complaints. When they fail to do so, they can face claims for negligent hiring and retention, vicarious liability for driver conduct, corporate negligence in oversight, civil rights violations, or breach of duty to protect passengers,
Negligent Hiring and Retention
When rideshare companies fail to properly screen drivers or continue employing those with concerning histories, they put passengers at risk. This includes inadequate background checks, failing to verify credentials, or keeping drivers on the platform despite documented complaints.
Vicarious Liability for Driver Conduct
Though rideshare companies often claim drivers are independent contractors, they can still be held responsible for driver actions during rides. This is especially true when the company's policies or lack of oversight contribute to dangerous driver behavior.
Corporate Negligence in Oversight
Companies have a duty to implement and maintain effective systems for monitoring driver behavior and responding to safety concerns. Failure to establish proper supervision protocols or deliberately ignoring red flags can constitute corporate negligence.
Civil Rights Violations
Rideshare companies must ensure their services are free from discrimination based on race, gender, disability, or other protected characteristics. When companies fail to address driver discrimination or maintain policies that enable discrimination, they may face civil rights liability.
Breach of Duty to Protect Passengers
Rideshare companies actively market themselves as safe transportation options and, therefore, assume a duty to protect passengers during rides. This includes maintaining adequate safety protocols, providing emergency assistance when needed, and taking reasonable steps to prevent foreseeable harm to passengers.
Do You Need to Speak to an Experienced South Carolina Civil Litigation Attorney?
If you've experienced harassment, discrimination, or unsafe conduct from a rideshare driver, contact us for a free consultation at our offices in Charleston or Columbia. Our legal team has the experience and resources to hold rideshare companies accountable and help ensure passenger safety.