Rideshare Driver Assault Liability

I’m David Holub, an attorney focusing on personal injury law in northwest Indiana.

Welcome to Personal Injury Primer, where we break down the law into simple terms, provide legal tips, and discuss personal injury law topics.

In our last podcast, we discussed whether a taxi company could be held liable if a driver assaults a passenger.

In this podcast, we discuss the liability of rideshare drivers in cases of assault.

In Indiana, liability for a rideshare driver’s assault on a passenger will depend on the legal doctrines of respondeat superior and the common carrier exception.

Under the doctrine of respondeat superior, an employer (such as a rideshare company) can be held liable for the actions of its employee if those actions are committed within the scope of the employee’s employment. If the assault is outside the scope of employment, the employer may not be held liable.

The common carrier exception, which applies to entities that assume responsibility for passenger safety, imposes a non-delegable duty to protect passengers. Under this exception, the employer can be held liable for an employee’s actions, even if those actions are outside the scope of employment, because the liability is based on the carrier’s duty to ensure passenger safety. This exception has been applied broadly in Indiana, extending beyond traditional common carriers to other enterprises that assume control over a passenger’s safety.

Whether the common carrier doctrine applies to a rideshare driver in Indiana is unclear. The rideshare company will argue that the driver is not an employee, but rather an independent contractor.

If common carrier liability is applied to rideshare companies, Indiana would impose a duty on the rideshare company to protect passengers from harm, including unprovoked assaults, if the rideshare company had knowledge of a threat and sufficient time to prevent the harm.

In the context of ride-sharing, specific statutes may also apply. One statute outlines the liability of peer-to-peer vehicle sharing programs, requiring them to assume liability for bodily injury or property damage that occurs during the sharing period, except in certain situations. However, this statute does not explicitly address liability for deliberate acts like assault by a driver.

I hope you found this information helpful. If you are a victim of someone’s carelessness, substandard medical care, product defect, work injury, or another personal injury, please call (219) 736-9700 with your questions. You can also learn more about us by visiting our website at DavidHolubLaw.com – while there, make sure you request a copy of our book “Fighting for Truth.”