Denver Colorado Sexual Harassment Attorneys Help Rideshare Victims

Sexual harassment is unacceptable, no matter where it occurs. If an Uber or Lyft driver has victimized you, know that you are not alone. Many others have endured similar traumatic experiences while relying on rideshare services. The shame and blame rests solely with the perpetrator – you did nothing to deserve such egregious mistreatment. Though the scars may run deep, healing is possible. You deserve justice.

Denver, Colorado, sexual harassment attorneys can help you reclaim your power by fighting relentlessly on your behalf and holding negligent parties accountable. This article will explain how sexual harassment attorneys can help Uber and Lyft victims get justice and obtain the compensation they deserve. 

The Risks of Sexual Harassment by Uber or Lyft Drivers

Uber and Lyft, popular ride-sharing services, have revolutionized the transportation industry by providing millions of customers convenience, affordability, and flexibility. These services enable people to request and pay for rides using their smartphones. However, Uber and Lyft also present considerable risks to passengers, particularly women, and minors, who may be vulnerable to sexual harassment and assault by drivers.

A report by CNN revealed that more than 100 Uber drivers have been accused of sexually assaulting or abusing their passengers in the past four years. Similarly, a BuzzFeed News report indicated that more than 60 Lyft drivers have been accused of sexual misconduct in the past two years. One of the most recent and shocking cases of sexual assault by a Lyft driver unfolded in Aurora, Colorado.

According to NBC News, a 46-year-old Lyft driver, Luis Alberto Zaragoza, was arrested and charged with sexual assault on a child by one in a position of trust and unlawful sexual contact. The victim, a 15-year-old girl, reported the incident to the police, alleging that Zaragoza touched her inappropriately and made sexual comments during the ride. Authorities were able to use the Lyft app to locate Zaragoza, and they arrested him at his residence.

This case is not an isolated event. It’s part of a disconcerting trend of sexual harassment and assault by Uber and Lyft drivers in Denver and other cities around the country. 

Several factors make Uber or Lyft passengers vulnerable to sexual harassment, including:

Insufficient Background Checks: Uber and Lyft do not perform comprehensive background checks on their drivers. They rely on third-party services that use public records and databases, which may be incomplete or outdated. This could mean that some drivers may have criminal records, such as sexual offenses, undetected by Uber or Lyft.

Inadequate Safety Features: Uber and Lyft do not offer sufficient safety features for passengers, such as panic buttons, emergency contacts, or GPS tracking. Some of these features are only available in certain markets or require manual activation by the passenger. This may hinder passengers from getting help swiftly or easily during emergencies.

The Responsibilities of Uber or Lyft as Employers

Uber and Lyft argue that they are not employers but technology platforms connecting independent contractors with customers. They contend they do not control the drivers’ actions, schedules, or routes and do not provide any training, supervision, or equipment to the drivers. However, this argument may not stand up in court. Depending on the specifics of each case, some courts may find Uber or Lyft to be employers or at least agents of their drivers, making them liable for their drivers’ sexual harassment or assault of passengers.

Courts may use different theories and tests to determine the legal status and relationship between Uber, Lyft, and their drivers. These include:

Vicarious Liability: This theory holds an employer liable for the wrongful acts of its employees if committed within the scope of their employment. To apply this theory, courts may consider factors like whether the driver acted on behalf of Uber or Lyft, followed Uber or Lyft’s policies and procedures, and used the Uber or Lyft app or logo.

Negligence: This theory holds an employer liable for the wrongful acts of its employees if it fails to exercise reasonable care in hiring, training, supervising, or retaining them. To apply this theory, courts may consider factors such as whether Uber or Lyft were aware or should have been aware of the driver’s criminal history, whether Uber or Lyft provided training or guidance to the driver on preventing or handling sexual harassment complaints, or whether Uber or Lyft responded adequately to reports or complaints about the driver’s conduct.

Intentional torts: This theory holds that an employer is liable for the wrongful acts of its employees if it authorized, ratified, or participated in them. To apply this theory, courts may look at factors such as whether Uber or Lyft encouraged or rewarded the driver’s behavior, whether Uber or Lyft covered up or ignored the driver’s behavior, whether Uber or Lyft shared in the profits or benefits of the driver’s behavior, etc.

Uber and Lyft have implemented some policies and procedures to prevent and address sexual harassment by their drivers, such as:

Reporting system: Uber and Lyft have a reporting system that allows passengers to report any incidents or concerns about their rides through their apps or websites. Uber and Lyft claim that they investigate and resolve these reports promptly and fairly and that they take appropriate actions against the drivers, such as deactivating their accounts, suspending their access, or referring them to law enforcement.

Training program: Uber and Lyft have a training program that educates their drivers on how to prevent and handle sexual harassment situations. Uber and Lyft claim that they require their drivers to complete this training before they can start driving and that they update and refresh this training regularly.

Safety features: Uber and Lyft have added some safety features to their apps that aim to protect their passengers, such as an in-app emergency button, trusted contacts, ride check, etc. Uber and Lyft claim that these features allow passengers to get help quickly and easily in case of an emergency and that they monitor and track the rides for any issues or anomalies.

However, these policies and procedures may not be enough to prevent or stop sexual harassment by Uber or Lyft drivers. Some of the limitations and challenges of these policies and procedures include:

Lack of transparency: Uber and Lyft do not disclose how they handle or resolve the reports or complaints about their drivers. They do not share any data or statistics on how many reports or complaints they receive, how many investigations they conduct, how many drivers they discipline or deactivate, how many settlements they pay, etc. This makes it hard for passengers to know if their reports or complaints are taken seriously or if their drivers are held accountable.

Lack of enforcement: Uber and Lyft do not have any authority or power to enforce their policies or procedures on their drivers. They cannot compel their drivers to cooperate with their investigations, provide any evidence, admit any wrongdoing, or comply with any sanctions. They also cannot prevent their drivers from switching to another ride-sharing service or creating a new account under a different name or identity.

Lack of compensation: Uber and Lyft do not offer any compensation or support to the victims of sexual harassment by their drivers. They do not pay for any medical expenses, counseling services, lost wages, pain and suffering, etc. They also do not provide any legal assistance or representation to the victims who want to pursue a claim against the driver or the company.

The Options for Victims of Sexual Harassment by Uber or Lyft Drivers

If you have been sexually harassed or assaulted by an Uber or Lyft driver, you may have different options for filing a claim and seeking justice and compensation. These options include:

Filing a claim with Uber or Lyft directly: You can file a claim with Uber or Lyft through their reporting system, which may lead to an arbitration process. Arbitration is a private and confidential way of resolving disputes without going to court. You will have to sign an agreement that waives your right to sue Uber or Lyft in court or join a class action lawsuit. You will also have to abide by the rules and decisions of the arbitrator, who is a neutral third party chosen by Uber or Lyft. 

The advantages of directly filing a claim with Uber or Lyft include speed, cost, and control. The disadvantages include a lack of transparency, fairness, and compensation.

Filing a claim with the driver: You can file a claim with the driver directly, which may lead to a settlement or a lawsuit. A settlement is an agreement between you and the driver that resolves the dispute without going to court. A lawsuit is a legal action that you file in court against the driver for damages. The advantages of filing a claim with the driver include compensation and accountability. The disadvantages include difficulty, risk, and delay.

– Filing a claim with the driver’s insurance company: You can file a claim with the driver’s insurance company, which may cover some of the damages caused by the driver’s negligence or intentional acts. However, this option may not be available or sufficient, as some drivers may not have insurance, or their insurance may not cover sexual harassment or assault claims, or their insurance may have low limits or exclusions.

Get Help From Denver Colorado Sexual Harassment Attorneys

As you can see, filing a claim for sexual harassment by an Uber or Lyft driver can be a complicated and challenging process. You may face many obstacles and difficulties along the way, such as:

Lack of evidence: You may also face challenges in obtaining or preserving evidence from Uber or Lyft, such as ride details, driver information, GPS data, etc.

Limited knowledge of Colorado laws:  You may not know your legal rights and options, such as what laws apply to your case, what elements of proof you need to establish, what damages you can recover, what deadlines you need to meet, etc.

– No legal experience: You may not have the skills and expertise to handle your claim effectively, such as how to conduct research, gather evidence, negotiate a settlement, or go to trial. You may also make mistakes or errors that could harm your case, such as signing a waiver, accepting a low offer, missing a deadline, etc.

Lack of resources: You may not have the time and money to pursue your claim successfully, such as hiring experts, paying fees, taking time off work, etc. You may also face financial pressure or hardship due to your injury or loss of income.

Experienced Colorado sexual harassment attorneys can help you gather evidence and build a strong case against the perpetrator. With an attorney by your side, you can obtain compensation for:

• Medical bills
• Lost wages from missing work
• Cost of therapy and counseling
• Pain and suffering losses

You don’t have to suffer in silence. Our attorneys are here to listen and advise, exploring all legal avenues toward meaningful resolution. Take the first step and contact us for a free consultation.