Uber is once again under fire after a 21-year passenger was abandoned on a busy highway by one of the company’s drivers and eventually killed. Reports indicate that the passenger was in the Uber with five other passengers when the driver had to pull over to let one of them out. The driver then reportedly proceeded to leave the scene without the passenger reentering his vehicle, leaving him disoriented on the highway, where he was later struck and killed while walking in the fast lane. According to Uber, the driver did go back to the area where the passenger was left, but he could not locate the passenger.
The passenger’s family, which has suffered a terrible loss, has now filed a lawsuit against the rideshare company, alleging negligence and wrongful death. Simultaneously, additional litigation brought against Uber has raised questions concerning the company’s process for screening its drivers, and whether negligence is involved in potentially selecting unsafe drivers and placing the public in harm’s way.
A History of Negligent Hiring Practices
Not only can negligence lead to passengers’ deaths, but drivers have also allegedly engaged in identity theft and sexual assault. As a result, these lawsuits claim that Uber failed to properly screen its drivers, and allowed criminals behind the wheel. These lawsuits cite the company’s previous hiring of drivers with serious criminal records, including felony convictions, driving violations, and driver’s license suspensions; drivers who have gone on to seriously harm members of the public.
Company Claims
When lawsuits like these are brought, they are based on Uber’s business model advertising a safe method of travel to its riders, with a heavy emphasis on safety precautions, specifically, and driver background checks. The company claims that, before anyone can drive with Uber, they must undergo “multi-step safety screens” that include being checked for driving violations, impaired driving, violent crimes, and other checks. And yet, the decision to hire someone with a criminal background not only violates these claims, but poses a risk to passengers. If a passenger is then harmed, a lawsuit would make the connection between Uber’s failure to conduct a proper background check and that harm, as a direct result.
Breach of Legal Duties
This is especially important if the company has been placed on notice of similar incidents involving its drivers, and then failed to take appropriate safety precautions to protect passengers. These companies can breach their legal duties by:
- Engaging in negligent hiring
- Failing to perform adequate background checks and investigations during the hiring process
- Failing to properly supervise their employees
- Failing to discharge an employee even upon learning of misconduct
- Failing to adequately investigate complaints
- Failing to adopt and enforce adequate policies and procedures for proper hiring of employees
- Failure to comply with applicable industry safety standards
And therefore failing to protect their passengers.
