What Is Sami’s Law?
As the popularity and usage of rideshare apps soar, we are learning more and more about the risks and dangers such a service can pose. Convenient as they may be, not as many passengers reach their destinations unscathed — or even at all — as apps like Uber and Lyft would have you believe. This is largely due to a lack of visibility and accountability from those very services. From negligent driving practices to actual abuse to even murder, innocent people are getting hurt across the country.
A woman was kidnapped and killed after getting into the vehicle of a murderer pretending to be her Uber driver. This egregious incident led to President Biden signing Sami’s Law, which dictates stricter reporting guidelines and transparency in an effort to make ride-sharing safer in every aspect, for every party.
You do not have to lose your life for this law to matter. If you have been sexually assaulted by a rideshare driver (or even as a rideshare driver by your passenger), it can no longer be swept under the rug and there is now more of a legal precedent to seek damages — as long as you know what to do.
Rideshare sexual assault is likely underreported
Experiencing any level or degree of sexual assault is an incredibly traumatic, damaging event regardless of physical injury or mental state. While it is illegal and carries significant legal penalties, victims are usually intimidated out of reporting their abuse one way or another. They are either under the impression they won’t be listened to or believed, or they may even think their abuser will come after them if they try to seek justice. It may be a mix of the two. Whatever the reasoning, it’s a sad truth that many sexual assaults go unreported.
Keeping that in mind, know that Uber alone reported thousands of sexual assaults in 2019 and 2020, but those reports aren’t exactly air-tight and perfectly honest, either. Uber has frequently come under fire for omitting data that makes them look bad and excusing every report they do release. They also admit they’re not really sure how many people are successfully pretending to work for them. Lyft is no better, facing multiple lawsuits for ignoring sexual assault reports or all-around neglecting to investigate them, alongside lackluster background checks and oversight on their drivers. Combining all this information together sheds a worrying light on just how many victims are ignored or forgotten for the sake of company image.
How Sami’s Law can help victims of rideshare sexual assault
Make no mistake; this law is making rideshare apps safer all around, for all involved. The two major components aim to increase our knowledge and safety on both the larger scale — and the individual.
- First, those who work for rideshare services must now display their information and license plates on the front of their vehicles.
- Second, as previously stated, there must now be comprehensive and accurate reports on all rideshare sexual abuse. These reports would include abuse against passengers, against the drivers, and even — and perhaps most importantly — by false drivers/passengers like the one who killed Sami. With reporting comes accountability, and with accountability comes change.
So, on an individual level, people will not only be more equipped to verify their driver’s identity (both before getting into their vehicle and for the purposes of a lawsuit), but they’ll also be more aware of the risks involved and their legal options after an attack. On a larger scale, our society will be able to notice dangerous patterns and influence companies like Uber and Lyft to make safer changes as time goes on.
Sexual abuse on any level cannot always be prevented, but that does not mean the companies behind these services shouldn’t try to eliminate as much as possible — or, at least, make it easier to hold those people accountable. Right now, even law enforcement is struggling to catch fraudulent rideshare drivers and passengers, which is part of why this law is so important.
Whether you are in an accident or abused in some way by your rideshare driver, liability can be extraordinarily complex because it likely involves more than just one party. For example, if Uber failed to properly background check the driver who hurt you, or if they neglected to investigate your report of sexual abuse, they may very well share financial responsibility for your damages — and they may try not to pay. Working with a skilled personal injury attorney can help make sure every facet of your case is accounted for, so nothing is left behind or taken advantage of.
Are rideshare drivers able to seek workers’ compensation after being sexually assaulted?
At a typical occupation, employees who are injured on the job in any way are eligible for some form of workers’ compensation. This special insurance provided by your employer would cover things like medical expenses, lost wages, pain and suffering, and more, and it can truly be the only way someone can afford their own recovery after a damaging accident. If you work for a rideshare service and face possible abuse by every person who gets into your vehicle, of course you want the comfort of a workers’ comp safety net.
However, unfortunately, both Uber and Lyft consider their employees to be “contractors,” which makes them exempt from workers’ compensation. Worse than that, drivers across the country are learning the hard way just how disinterested both companies are in helping those who are hurt on the job. Uber does have auto insurance policies for their drivers, but it’s just liability — meaning it only covers damages to the vehicle, and not the drivers themselves. In fact, because of this, rideshare drivers are often urged to purchase their own, separate rideshare insurance, but even that is meant to bridge the gap between Uber’s insurance and their own in the case of an accident. In other words, it’s still meant for other parties.
Sami’s Law means sexual abuse against rideshare drivers must be reported, but for now, that is the extent of it. So, what are drivers who are sexually assaulted meant to do? If you work for Uber, you can purchase extra injury protection that acts like workers’ compensation, but the best thing is to find a personal injury attorney and look into an individual civil suit against the person who attacked you. Your rideshare service may be partially liable, or may not be, but someone definitely is.
Civil sexual assault and/or wrongful death claims in Nashville
The idea of a civil suit — or any sort of lawsuit — can be daunting, but it does not have to be in practice. If you have been injured by someone or due to the actions or inactions of someone, you have the legal right to pursue damages in civil court. These damages translate to life-saving financial compensation for what you have gone through, including paying for your medical bills and any accommodations you may need. If you’re pursuing damages after the wrongful death of a loved one, you could get compensated for funeral costs and their loss of life, plus anything else deemed eligible.
Unlike criminal court, you don’t need to prove your attacker did what they did beyond a shadow of a doubt, and you don’t even need to prove someone broke a law. Financial liability is different from criminal liability (which is why suing companies like Uber or Lyft is an option). As long as you or a loved one were injured by what happened, due to someone else’s behavior, you could seek damages — just not without legal representation.
Whether you’re a rideshare driver or user, pursuing justice and compensation after sexual abuse should never be out of the question — regardless of your injuries. Sami’s Law will make it easier to keep track of people and hold these services accountable, but only an experienced personal injury attorney can get you, the individual, the damages you deserve.
If you’re in the Nashville area, the tenacious team of Gladiators in Suits at Rocky McElhaney Law Firm are here for you any way we can. We maintain offices in Nashville, Hendersonville, and Clarksville for your convenience, and you can always call us or use our contact form. We are here. We believe you. Let’s talk.
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