🚗 Should LYFT and Uber Protect Drivers from Dangerous Passengers? 🚗
A Real-world Consequence of Uber and Lyft Drivers as Independent Contractors
Recent events have shed light on a crucial issue: the safety of rideshare drivers. As many of you know, companies like LYFT and UBER have been battling to classify drivers as independent contractors, leaving them without the safety net of workers’ compensation. This arrangement poses significant challenges, particularly when it comes to protecting drivers from potentially dangerous passengers.
In my experience, the burden often falls squarely on the driver’s shoulders. They face the daunting task of navigating medical expenses after an incident, only to then seek reimbursement from the rideshare company through their occupational accident insurance. This process can be complex and time-consuming, leaving drivers vulnerable and financially strained.
Furthermore, drivers have little control over who enters their vehicle. Unlike traditional employment scenarios, rideshare drivers lack the ability to screen passengers for potential threats.
Recent Case Illustrates Dangers for Uber and LYFT drivers
This lack of control was tragically highlighted in the case of Abdu Lkader Al Shikha, who was viciously attacked by a passenger without warning or provocation in February 2020.
Al Shikha filed a lawsuit against LYFT, which he lost and appealed. The Court of Appeal found that LYFT had no duty because Al Shikha failed to show that the incident as alleged was highly foreseeable, “or that the failure to conduct criminal background checks on all passengers is sufficiently likely to result in a violent, unprovoked attack on a driver, such that liability may be imposed.” This ruling raises critical questions about the responsibility of rideshare companies to ensure the safety of their drivers.
While the case result might not be surprising, it highlights the class of workers who are considered independent contractors but essentially have no ability to select or screen their passengers and don’t have workers’ compensation.
This issue of violence against drivers isn’t isolated; it’s a systemic problem that affects countless drivers. Just a quick browse on platforms like YouTube reveals harrowing footage of rideshare drivers facing assaults, robberies, and worse.
As someone who has worked on cases involving rideshare incidents, I’ve seen firsthand the challenges drivers face in seeking justice and protection. While rideshare companies are quick to conduct background checks on drivers, the same level of scrutiny is not extended to passengers, leaving drivers vulnerable and exposed.
Is this fair? What do you think?
