When a rideshare driver assaults a passenger, legal responsibility doesn’t stop with the individual behind the wheel. You might wonder if the company can be held responsible. That question centers on something called vicarious liability.
Understanding vicarious liability
Vicarious liability means a company can be held legally responsible for actions its workers take while doing their jobs. In the case of rideshare services, this issue gets complicated. Companies label their drivers as independent contractors, not employees. That classification helps them argue they shouldn’t be responsible for a driver’s misconduct. However, courts have started questioning this distinction, especially in California.
When vicarious liability applies
Vicarious liability usually applies when someone commits a harmful act while doing job-related tasks. For example, if a delivery driver hits someone while making a delivery, the employer might be responsible. In rideshare assault cases, the question is whether the driver was working in the scope of their duties when the assault happened. If the driver accepted the ride through the app, that can point to company responsibility. California law looks at the control companies have over their drivers to decide if vicarious liability fits.
Why this matters for survivors
If vicarious liability applies, survivors can seek damages from the rideshare company, not just the driver. This matters because drivers may not have money or insurance to cover losses. Companies, on the other hand, have deeper pockets and insurance policies. That can make a big difference in your ability to recover compensation for things like medical bills, emotional distress, and loss of income.
Courts look at multiple factors to decide if vicarious liability applies. These include whether the assault occurred during an active ride, if the driver was logged into the app, and how much control the company had over the driver’s conduct. Recent California decisions suggest companies might share responsibility more often than they claim.