Ride-sharing services like Uber and Lyft are popular in Ohio, especially in urban areas like Columbus, Cleveland, and Cincinnati. Passengers enjoy the convenience of having 24/7 access to transportation from literally anywhere. However, Uber and Lyft aren’t without their drawbacks. Unfortunately, many passengers have experienced driver misconduct. Driver misconduct can range from reckless driving to personal property theft to sexual assault. If you have experienced any driver misconduct as an Uber or Lyft passenger, it’s important that you contact a rideshare accident lawyer immediately.
The most vulnerable ride-share passengers are those traveling alone, traveling late at night, or who have been drinking. Common types of ride-share driver misconduct include reckless or negligent driving (speeding, running red lights, distracted driving), property damage or theft, verbal abuse or other threatening behavior, physical assault or battery, harassment and discrimination, driving a poorly maintained vehicle, and sexual harassment or assault. Kidnapping, human trafficking, post-trip stalking, and driving under the influence have also been reported.
Ridesharing Liability in Ohio Explained
In Ohio, Uber and Lyft drivers are legally classified as independent contractors under Ohio Revised Code 4925.10, which specifically designates transportation network company (TNC) drivers as contractors rather than employees. This distinction has significant implications after an accident involving driver misconduct. Because rideshare drivers are not employees of Uber or Lyft, liability is not always straightforward. Instead, coverage depends on the driver’s status at the time of the incident. Whether the driver was logged out of the app, logged in and waiting for a ride request, or actively en route to pick up or transporting a passenger will determine which insurance policy applies. In some phases, Uber or Lyft’s commercial liability coverage may provide protection; in others, the driver’s personal auto policy controls. Complicating matters further, many personal auto policies contain exclusions for rideshare activity, potentially creating gaps in coverage. For these reasons, speaking with an experienced Uber accident attorney is critical to understanding your rights and identifying all available sources of compensation.
If the driver’s app was off (inactive) during the time the misconduct occurred, the driver’s insurance may be primarily responsible. If the driver’s app is on (active) while they are waiting to pick up a fare, Uber or Lyft’s insurance may kick in. However, the liability limits will be lower (up to $50,000 per person/$100,000 per accident).. If the driver’s app is on (active) while they are picking up or transporting a passenger, then Uber or Lyft’s insurance (up to $1 million in liability) usually applies. That’s why your Uber personal injury lawyer will need to know the driver’s status when the incident occurred. If you don’t know or are unsure, a good lawyer will be able to find out.
If you have experienced driver misconduct as a ride-share passenger, consider doing the following:
- Contact the authorities if you have been physically or sexually assaulted, threatened, or been involved in a traffic accident;
- Seek immediate medical attention;
- Report the incident by using the “Help” or “Safety” section in the Uber or Lyft app;
- Preserve evidence, including screenshots, text, receipts, and look for cameras; and
- Contact an experienced Uber or Lyft personal injury attorney.
Filing a Rideshare Claim in Court
In Ohio, you have two years from the date of the incident to file a personal injury claim. Your attorney will collect evidence, including accident reports, GPS, timestamps, medical records and bills, vehicle damage, personal property loss, photos, camera footage, etc. Your attorney will also gather information about the ride-share driver, any other passengers, and witnesses. Most importantly, they will determine whether the driver was in “on” or “off” status. The ride-share company may also be held liable if it failed to conduct background checks on its drivers properly and if the driver was negligent in adhering to the company’s safety protocols.
Your attorney may decide to file a claim with either the driver’s or the ride-share company’s insurance. You can be compensated for medical expenses, lost wages, and pain and suffering. In the event of a serious criminal act, such as sexual assault or assault and battery, contact the police first so that it can be dealt with through the appropriate legal channels. Your Uber sexual assault lawyer can assist you in coordinating those aspects of your case.
Schedule an Uber/Lift Assault Consultation with Oliver Law Office
If you have experienced misconduct by a ride-share driver, contact Oliver Law Office at 614-220-9100 as soon as possible. You can also use our online contact form to schedule a free consultation – we have offices in Columbus and Dublin, but we often consult by phone and zoom all over the state. We are a contingency-based firm, meaning that you only pay us a fee if we win your case. One of our experienced, compassionate attorneys will meet with you to discuss your case, and you can trust us to seek accountability on your behalf.
