Ridesharing continues to grow in popularity both in Indiana and Illinois. Industry analysts are predicting that more and more of us will choose this form of taxi-alternative service in the coming years.
While Uber and Lyft may be the most recognized ridesharing services in Indiana and Illinois, they are far from the only option available to those who want to hail a ride through a ridesharing app. Not only are there competitive general service providers to Uber and Lyft, there is also a rise in the number of niche ridesharing services in our part of the country.
For instance, those seeking non-emergency health care from a doctor, clinic, or hospital can get medical rideshares offered by RideHealth. College students may be interested in a ridesharing app licensed in 2019 by two Indiana University alumni targeting local college campuses called Nomad Rides.
Dangers of Ridesharing Services Like Uber and Lyft
We have discussed some of the risks involved with opting to use a ridesharing service that include the danger of serious bodily injury or death to the passenger-customer as well as the driver. See:
- Ridesharing Accidents in Indiana and Illinois: Uber and Lyft Injury Claims;
- Uber or Lyft Crashes: Liability in Ridesharing Accidents; and
- Ridesharing Accidents: Claims for Injuries during Uber or Lyft Ridesharing Car Crash.
Ridesharing services create vulnerabilities for both the driver and the passengers in any ride. Motor vehicle accidents can result in severe bodily injury or death. There is an extremely disturbing number of sexual assaults upon ridesharing passengers reported, as well.
Ridesharing Sexual Assault Risk
Rapes and sexual assaults are a very real danger in ridesharing services. How extensive the threat of ridesharing sexual assaults is currently unknown.
Last month, Uber Technologies was fined $59,000,000 by the State of California for failing to provide concrete numbers to authorities. See, “CPUC Fines Uber $59 Million, Threatens to Pull Operating License,” written by Evan Symon and published by the California Globe on December 15, 2020.
For details, read our discussion in Ridesharing Assaults: Claims for Injuries During Uber or Lyft Ridesharing Car Service.
Growing Concern Over Drowsy Ridesharing Drivers as a Public Safety Risk
As the popularity of ridesharing apps grows, so does an understanding of how this evolving industry operates, particularly from a safety perspective. More and more rideshares on the roads of Indiana and Illinois, as well as the rest of the country, has revealed that there is a serious risk of motor vehicle accidents caused by driver error resulting from drowsy driving. Read, Berneking M, Rosen IM, Kirsch DB, Chervin RD, Carden KA, Ramar K, Aurora RN, Kristo DA, Malhotra RK, Martin JL, Olson EJ, Rosen CL, Rowley JA, Gurubhagavatula I, American Academy of Sleep Medicine Board of Directors. The risk of fatigue and sleepiness in the ridesharing industry: an American Academy of Sleep Medicine position statement. J Clin Sleep Med. 2018;14(4):683–685.
Moonlighting Drivers
Many ridesharing drivers seek their ridesharing work as a second job and the way to earn some extra cash while employed in what they consider to be their main job or line of work. This may result in someone who is tired and in need of rest choosing to get behind the wheel of a motor vehicle to earn some extra cash, putting himself and his passengers at risk.
Of particular concern is when the moonlighting driver is taking time away from mandated rest times. Professional drivers (truckers, cabbies, bus drivers, etc.) may be especially tempted to moonlight for a ridesharing service. An example of this safety risk: over a dozen bus drivers and train operators in New York City were caught moonlighting as drivers for Uber and Lyft in 2019, driving rideshares during their primary employer’s mandated driver rest periods. Read, “City Bus and Train Drivers Busted Moonlighting for Uber And Lyft: Report,” written by David Meyer and published by the New York Post on July 10, 2019.
Of course, fatigue itself and drowsy driving for any ridesharing driver can be a concern as well. A driver that is behind the wheel after a long day or a long week may suffer from fatigue and loss of motor skills than can endanger both the driver and his or her passengers. For more on the dangers of drowsy driving, read: Drowsy Driving and the Risk of Fatal Traffic Accidents in Indiana and Illinois and Night Driving: Danger of Fatal Crash While Driving After Dark.
Lack of Medical Screening of Drivers
Another problem today with ridesharing services is the position taken by Uber, Lyft, and other ridesharing app creators that ridesharing drivers act as “independent contractors.” This removes any responsibility for the ridesharing company to check the driver for any medical concerns or conditions that might endanger the driver and/or his passengers.
One medical condition that may go unheeded in a ridesharing driver is sleep apnea. This can be a serious risk for a ridesharing accident when the driver is working at night when the likelihood of getting sleepy is high. For details about sleep apnea, read our discussion in Danger to Railroad Workers from Sleep Apnea: Proposed Regulations Withdrawn.
Another medical concern for drivers that may go undiagnosed without a medical screening is uncontrolled diabetes. Drivers with diabetes are at risk of low blood sugar episodes which can hamper their ability to operate the vehicle. For more, read our discussion concerning commercial truck drivers and diabetes, Truck Drivers with Diabetes Free to Drive Commercial Interstate Under New FMCSA Rule.
Injury Claims after a Ridesharing Car Crash or Auto Accident in Indiana or Illinois
After a serious or fatal ridesharing accident in Indiana or Illinois, the driver and his or her passengers will face not only the consequences of the crash in terms of physical harm as well as financial and emotional impact, but they will have to deal with the current legal uncertainties surrounding this new and developing industry.
Ridesharing claims cannot be assumed to have the same legal protections and causes of action that apply to traditional taxi cab services under either the laws of Indiana or Illinois. Drivers injured in a ridesharing crash may or may not find their workers’ compensation claim disrespected and denied. Passengers may have significant hurdles to establish the causes of the crash itself and resulting legal liabilities, particularly as they apply to the ridesharing app company (e.g., Uber or Lyft).
Ridesharing is popular in both Indiana and Illinois. Anyone choosing to drive for a ridesharing service, as well as anyone who chooses to use a rideshare should understand the specific risks and dangers that go with their ridesharing choice. In the event of serious injury or death, they may face legal challenges to obtaining justice that do not exist with traditional taxi services and zealous advocacy on their behalf will be needed. Please be careful out there!
