Since Hamilton Uber and Hamlton Lyft hit the scene, ride-sharing has taken over. For many people looking for transportation, it is becoming even more preferred than traditional taxi cab service for its lower costs, flexibility and convenience. Ride-sharing apps make it easy to schedule, hail, and pay for transportation. There is no longer a need to call central dispatch, wait in a line, or wave down a cab from a curb. The convenience of tapping “request” on your smartphone from the comfort of your home and waiting for a push notification that your driver is “arriving now” is unprecedented. In dense urban markets, drivers arrive in less than a minute.
But, as convenient as ride-sharing can be for the consumer, utilizing the service is not without its risks. Uber’s on-boarding of drivers has been recently reported as dangerously negligent.
Recent Ride Sharing Incidents:
CNN has recently reported that over 103 Uber drivers were accused of sexual assault or abuse over the past four years in the US alone. As of May 2018, 31 of the 103 Uber drivers have been convicted for crimes “ranging from forcible touching and false imprisonment to rape.” The problem has gotten so out of hand that Congress have sent Uber and Lyft letters of concern over the many sexual assaults, demanding details on how they train drivers, report sexual assaults and harassment, and maintain records on such instances, among other issues. The problem exists not only in the US and Canada but in every part of the world where Uber and Lyft operate.
A major concern is that ride-sharing programs like Uber or Lyft don’t perform out-of-jurisdiction criminal background checks – meaning that they could hire an Uber Driver in Hamilton who may have been accused or convicted of sexual assault in Miami. Also, there are reportedly no records of drivers who have been accused of sexual violence.
What types of incidents have been reported?
Over the past few years, there have been hundreds of reports of incidents involving ride-share drivers. The following is a short list of the hundreds of incidents reported in the media involving ride-sharing drivers and their passengers.
- in March of this year, an Uber driver in Lakewood, Ohio, allegedly threatened passengers with a knife;
- in December of 2017, a Chicago Lyft driver allegedly waved a gun at passengers, yelled threats and slurs;
- in November of last year, a Fitchburg, Wisconsin, uber driver was charged with beating and raping a passenger;
- in September of last year, a Detroit woman was injured after refusing to give an Uber driver sexual favours;
- in Saint Petersburg, Florida, a man died after a punch from an Uber driver;
- in December of last year, a Chicago Uber driver allegedly ambushed a passenger at home with a metal rod;
- in March 2017, an Uber driver slapped a female customer, leaving her with a black eye, called her a white b***h and threw keys at her baby daughter’ in south London;
- in January of 2017, a wheelchair cyclist was left lying in the street after being ‘repeatedly punched by London road rage Uber driver;
- in November 2017, a London cancer survivor was dragged by an Uber driver;
- in January 2016, an Uber driver threatened gay Atlanta men with a handgun;
- in January 2015, a Denver Uber driver allegedly drove a woman to the airport, then went back to rob her home;
- in September 2014, a San Francisco passenger was struck in the head with a hammer by an Uberx driver;
- In May 2018, an Uber driver was fired after a video showed him demanding sex from one of his passengers;
- an Uber driver was accused of raping a drunk passenger in Boston, Massachusetts, this past March;
- in Waterloo, an Uber driver was recently accused of sexually assaulting a passenger;
- in Fitchburg, Wisconsin, an Uber driver was charged with beating and raping a passenger late last year;
- In July 2017, a Chicago, Illinois, Lyft driver kidnapped, zip-tied and raped a passenger;
- In Australia, an Uber driver was charged with raping a teenage girl in Brisbane, Australia;
- in 2016, a Los Angeles, California, Lyft driver dropped their pants and exposed himself;
- In 2016, an Uber driver was charged with sexually abusing a 14-year-old girl near Ceresville, Maryland;
Who is Driving You?
Ride-share drivers are commonly people who are looking to make some extra money. Some of them are students. Some are parents looking to add additional income to the family. Some are people who enjoy driving and meeting new people.
There are some requirements to be a ride-share driver; however, neither Uber nor Lyft require fingerprints or complete criminal background checks before hiring a driver.
To be an Uber driver in Ontario you must have a reliable vehicle that is seven years old or newer. It must have 4 doors that can open independently, not have any branding, snow tires in the winter and pass an inspection by a vehicle mechanic.
You have to be legally able to drive in Ontario and you have to pass some background screening. But, according to Uber’s website, most people who have a valid license can become a driver for their service.
While rideshare apps and services have guidelines and hiring requirements for drivers, they are not strict or stringent. The convenience of the apps have helped these services to grow in popularity; but, as a passenger you should still be on guard when getting in a stranger’s car.
An Introduction to Assault & Sexual Assault – To Learn More Contact Personal Injury Lawyer Hamilton
Uber has community guidelines for drivers and passengers. Uber asks drivers to refrain from commenting on someone’s appearance or asking questions about their relationship status. They also have a no-sex rule and state there is no sexual contact between riders and drivers ever.
As a passenger, you have a right to a safe ride. Physical and sexual assault should not be tolerated. However, many people do not understand what constitutes sexual assault.
You are under no obligation to communicate with your rideshare driver, to flirt or accept any verbal or physical advances. If you feel uncomfortable or violated and have not given permission for the exchange, you may have a claim. Your best bet right now is to contact a personal injury lawyer.
The big keyword in a sexual assault claim is consent.
The driver does not have permission to touch or make sexual advances toward you, no matter what. This includes if you are intoxicated. And keep in mind, not saying no does not mean you said yes.
Love Using Rideshare Services? Here’s What You Can Do to Possibly Avoid Being Assaulted
- Sit in the backseat
- Tell/text a friend that you’re in a rideshare
- Call someone during the ride
- Do not take food or drinks from the driver
- Do not let the driver help you into or out of the car
- Avoid personal conversation with your driver
What To Do If You’ve Been Assaulted By a Ride-share Driver?
There have been hundreds of cases of people being assaulted physically, verbally or sexually by their ride-share driver. In addition, there have been many cases where people posing as rideshare drivers have picked up passengers and assaulted them. This is an alarming trend.
Sexual assault is a horrific experience; unfortunately, many incidents go unreported. If you think you have been violated while using a ride-share service, the most important step you can take is to confide in someone you trust. Confide in a friend or family member. Seek counselling from a therapist. Talk to a personal injury lawyer. Reporting the incident as soon as you can help you recount the events in better detail, and it could possibly prevent someone else from experiencing the same thing as you.
For a sexual assault case to be filed in criminal court, there needs to be a burden of proof or evidence that the assault took place beyond a reasonable doubt. Without video recording or DNA evidence, this can be difficult, which is why criminal charges are never filed in so many sexual assault cases.
There are other means to get legal justice, though. It starts with talking to an experienced Personal Injury lawyer.
Matt Lalande and the personal injury Hamilton law office have extensive experience providing representation for people who have been assaulted. Lalande Personal Injury Lawyers understand it takes bravery to bring a sexual assault claim to light. This is why we compassionately offer a complimentary and confidential consultation. If you think you may have been assaulted by a rideshare driver in the Greater Toronto and Golden Horseshoe, we recommend you give us a call at (905) 333-8888, contact us by filling in a contact form or by chatting with our live operator 24/7, who will be happy to set up an appointment with one of our lawyers.