Rideshare companies have a duty to screen drivers before allowing them on their platforms. When inadequate background checks allow dangerous drivers to transport passengers, and those drivers cause harm, victims may have claims against Uber, Lyft, or other companies for negligent hiring.
Rideshare Background Check Requirements
Uber and Lyft conduct background checks on driver applicants, typically reviewing:
Criminal history including felony convictions, violent crimes, and sexual offenses through national and state databases.
Driving records checking for DUIs, reckless driving, and excessive violations through motor vehicle department records.
Sex offender registry searches to identify registered offenders.
However, rideshare background checks have significant limitations that have allowed dangerous individuals onto the platform.
Known Background Check Failures
Investigations and lawsuits have revealed systematic problems:
Database gaps: Not all criminal records are digitized or accessible through the databases rideshare companies search. County-level records may be missed entirely.
Name variations: Criminals using slight name variations or aliases may not be flagged by automated screening systems.
Pending charges: Background checks may miss individuals with pending criminal charges who haven't yet been convicted.
Out-of-state records: Criminal history from other states may not appear in standard searches.
Delayed updates: Drivers who commit crimes after initial approval may continue operating until periodic re-checks occur—if they occur at all.
Legal Claims for Background Check Failures
Victims harmed by drivers who should have been screened out may have claims for:
Negligent hiring: If a reasonable background check would have revealed disqualifying information that the company missed or ignored, the company may be liable for subsequently allowing that driver to harm passengers.
Negligent retention: When companies receive complaints about driver behavior but fail to investigate or remove dangerous drivers, they may be liable for subsequent incidents.
Fraud and misrepresentation: If rideshare companies advertise rigorous safety screening but actually conduct inadequate checks, victims may have fraud claims.
Building a Background Check Failure Case
Proving a background check failure claim requires:
Evidence of the driver's history: Criminal records, prior complaints, or other red flags that a proper background check would have revealed.
Evidence of screening failures: Documentation that the company's check missed information or that the company knew about problems and failed to act.
Causation: Connecting the screening failure to your injury—showing the driver should have been rejected and wouldn't have been driving but for the failure.
High-Profile Background Check Cases
Numerous lawsuits have alleged background check failures:
Cases involving drivers with prior assault convictions who attacked passengers
Incidents where drivers with suspended licenses or DUI histories caused accidents
Sexual assault cases where drivers had prior sex offense records that weren't detected
These cases have resulted in settlements, policy changes, and increased regulatory scrutiny of rideshare screening practices.
Pursuing Your Claim
If you were harmed by a rideshare driver whose background should have disqualified them, gather evidence of the driver's history and consult with an attorney who can investigate what the company knew or should have known about the driver.