San Diego, CA
San Diego law firm suing Uber, Lyft following sexual assault allegations
OCEANSIDE, Calif. (KGTV) — An Oceanside mom of two says she remains to be traumatized one-year after a visit to get groceries in a ride-hailing automobile.
We’re defending her identification as a result of she is an alleged survivor of sexual assault. In November 2020, she says her Lyft driver assaulted her in entrance of her Oceanside dwelling.
“I used to be going to get out of the automotive and he climbed within the again and put his fingers down my pants and stated he needed intercourse. It was surreal and I used to be terrified and I had by no means been in a state of affairs like that earlier than in my life. I used to be screaming and instructed him to cease and I used to be calling the cops,” she alleges.
She stated it did not cease there, the driving force locked her inside his automotive and sped off down the highway.
“He was driving towards the seaside and I used to be yelling.”
He slowed down at one level and the lady managed to flee. A warrant for the driving force’s arrest has been issued by the San Diego County Sheriff’s Division, however he has not but been charged.
A Lyft spokesperson launched this assertion partly to ABC 10News:
As quickly as this incident was reported to us, we reached out to the rider to supply our full assist, completely eliminated the driving force from the Lyft neighborhood and made contact with legislation enforcement to help of their investigation.
The lady’s story is one among neary 300 instances towards Uber and Lyft San Diego’s Estey and Bomberger say it’s litigating. Trial lawyer Steve Estey, who has quite a few nationwide record-setting verdicts will tackle Lyft in September in what he says is the primary of it is form trial towards the ride-hailing firm.
He has filed mass tort lawsuits towards each Uber and Lyft.
“The rideshare platform has created a platform for sexual predators,” stated Stephen Estey of Estey and Bomberger.
Estey will argue the ride-hail firm was negligent in quite a few methods and failed to guard feminine passengers from a identified hazard. The lawsuit alleges “Lyft’s response to this sexual predator disaster amongst Lyft drivers has been appalingly insufficient.” Equally, the grievance towards Uber argues…”Uber induces younger, unaccompanied, intoxicated, or vulerable ladies to make use of its product with th expectation of security, all of the whle realizing that sexual abuse of Uber’s passengers in prevalent.”
“The background test may be very minimal and it is not fingerprint primarily based… and the shortage of supervision, there aren’t any cameras. They will not try this as a result of they know what it’ll present,” stated Estey.
The California Public Utilities Fee regulates ride-hailing corporations. It fined Uber $59 million {dollars} in December 2020 for failing handy over detailed knowledge about sexual assaults. In the end, the case was settled and Uber agreed to pay $9 million {dollars} in fines.
Of their Neighborhood Security Report, Uber reported 5,981 sexual assaults in 2017-2018.
Uber claims it accomplished greater than 2.3 billion journeys in 2017-2018. Throughout this time, greater than 3 million journeys occurred every day in america. When requested by ABC 10News what number of journeys have been taken by feminine single passengers, Uber stated the info didn’t exist. Uber claims it didn’t initially launch knowledge to the CPUC as a result of it contained non-public survivor data.
An Uber spokesperson instructed ABC 10News in a written assertion:
The CPUC needed the total names and contacts of the reporting get together…Uber has taken a survivor-centric strategy and won’t violate a survivor’s proper to privateness.
Lyft reported 4,158 sexual assaults from 2017-2019 in its Neighborhood Saftey Report.
The assault numbers within the Neighborhood Public Security report solely account for five out of 21 subcategories of sexual misconduct and sexual assault, with a variety from flirting to rape.
The experiences are voluntarily supplied and submitted by the ride-hail corporations. Estey says the numbers would seemingly be far higher if all subcategories have been considered. RAINN, the nation’s largest anti-sexual violence group gave guideance and helped to create the subcatergories, in accordance with an Uber spokesperson.
The 2021 Division of Justice statistics point out one in three ladies assaulted don’t report, together with one among Estey’s shoppers, who claims she was assaulted in San Diego’s gaslamp district in 2015.
She claims she was assaulted by an Uber driver who was giving her a experience to the Hilton resort after an evening of partying with mates. We’re defending her identification as a result of she is a survivor of sexual assault.
“I sort of froze, he took my breast out of my bra and began telling me inappropriate issues. Then he took the important thing to my room and adopted me as much as the room and tried to have intercourse with me. I did not suppose anybody would imagine me as a result of I’m a much bigger lady, however I’m hoping this may assist different ladies like me who could also be larger by coming ahead. I blamed myself for years over what occurred and I do know it isn’t my fault,” stated the lady.
ABC 10News supplied Uber with the lady’s experience receipt and account data with Estey’s permission. A spokesperson for Uber stated:
The small print reported by the rider are disturbing. We take these kinds of experiences significantly and started our investigation as quickly as we grew to become conscious of the allegations.
Uber confirmed with ABC 10News the driving force not has entry to the platform and hasn’t had entry to the platform for a number of years.
Estey says ladies are being assaulted in ride-hailing automobiles at an alarming fee in accordance with the Neighborhood PUblic Security Experiences, and most riders will not be conscious of the true threat they take everytime they enter a ride-hailing automobile.
“I’ve daughters and do not allow them to experience in a rideshare alone and if they’re I be certain that they’ve a buddy system in place or they do not experience within the entrance seat or proper rear passenger seat- that tends to be the place predators grope so it is a bit safer to position your self behind them,” stated Estey.
Each ride-hailing corporations have engineered and deployed an emergency app that passengers can use if they’re in peril.
In Could 2022, Uber rolled out a function that permits passengers to decide on feminine drivers. Each corporations developed a collection of in-app security options that permits riders to share their location with household and mates, join immediately with the ride-hail firm or 911 to entry emergency help.
However, Estey says the businesses have to do extra, beginning with cameras in all automobiles, finger-print background checks, and letting riders know of the chance.
Each Uber and Lyft say they proceed to prioritize security and stay dedicated to investigating know-how and increasing extra security insurance policies. In 2020, sexual assault and misconduct training was expanded for drivers. Each corporations additionally say drivers are re-screened yearly for offenses on a neighborhood, state and federal degree. Each corporations additionally share knowledge on drivers who’re reported for assault or misconduct.
Info on Uber’s security options may be discovered on-line right here and to learn their full response click on right here.
For data on Lyft’s security measures click on right here and their full response may be discovered on-line right here.
Listed here are the hyperlinks to the complaints lodged towards Uber and Lyft.
For a hyperlink to the Neighborhood Security Experiences click on right here.