Is Uber responsible for injuries caused by fake Uber drivers?

We all use rideshares like Uber and Lyft.

An issue that has been coming up more frequently lately involves fake Uber drivers. Whether it is former Uber drivers who keep their window decals to deceive would-be passengers, or drivers who Uber never authorized to drive for the company to begin with, passengers in Los Angeles and Orange County are facing an increase in fake Uber drivers who have nefarious motives. So much so that the LAPD and Los Angeles Sheriff’s Department have both brought this safety matter to Uber’s attention in response to more frequent fake Uber driver attacks.

The question is, is Uber responsible for fake Uber drivers? Many of you are probably thinking, “why should Uber be responsible for imposter drivers? How can the company control this?” Perhaps a discussion of a recent California Court of Appeal case might answer these questions.

The case is Jane Doe v. Uber Technolgies, Inc. Several Uber passengers sued the company after suffering sexual assaults committed by fake Uber drivers. The drivers had Uber decals, which enabled them to lure inebriated female passengers into their cars. The victims sued Uber, arguing that the rideshare company has a heightened responsibility to its passengers as a “common carrier.” When a passenger pays a fare to use a transportation service, the relationship becomes known as a “common carrier” relationship and imposes extra responsibilities on the transportation company, as I explained here.

The Court of Appeal disagreed, ruling that Uber was not a common carrier in this particular series of sexual assaults. The Court reasoned that the heightened standard of care for transportation companies only applies while in transit or shortly before or after the voyage begins. The reason is, a passenger is exposed to numerous hazards while his or her freedom of movement is entirely under the control of the transportation carrier.

Here, the Court pointed out that since the fake Uber drivers were not actually sanctioned Uber drivers, Uber did not owe a duty to the women who were duped into getting into cars they thought were being driven by legitimate Uber drivers. No “special relationship” existed between Uber and the passengers that would justify the imposition of common carrier rules because the drivers were not actually working for Uber.

Note that the case outcome would likely be different if an actual Uber driver commits a horrendous assault like the ones these women suffered.

The Court’s opinion is quite lengthy and also discusses other important issues related to Uber. It follows an unpublished opinion from a few months ago which discusses Uber’s responsibilities when loading and unloading passengers.

Using rideshare apps like Uber and Lyft are an everyday occurrence for many of us. Nevertheless, always follow safety protocol when getting into an Uber or Lyft. Make sure the driver’s information matches the information in your app. And if you suspect that there is a safety issue, report the driver and/or call the police.

And remember, if you were injured in an Uber accident or by an Uber driver in Los Angeles, the Sherman Oaks, Tarzana, Encino, or anywhere in Orange County, my office is ready to assist, 24/6.