A San Francisco newspaper has issued a report accusing Uber and Lyft of hiding accident data.
Last month, we posted (below) about Uber’s shocking announcement of 5,981 accounts of sexual assault during their rides in the U.S. between 2017 and 2018. They also admitted to some other safety issues: for example, that 107 people had been killed in vehicular accidents in Uber vehicles during that time. In making this announcement, the ride sharing company sought to position itself as a corporate leader in accountability.
But what’s NOT so accountable is that the report does not include thousands of accidents involving the Uber app — both fatal and nonfatal — that the firm knows about. Even with its admission of an alarmingly high number of sexual assaults, Uber’s US Safety Report is an incomplete and misleading statement of how safe – or indeed, unsafe – using Uber really is.
Uber’s report claims that the rate of traffic-related fatalities associated with their rides are about half of the national average. But they excluded any fatalities that were not entered into the Fatality Analysis Reporting System (FARS), to be “consistent” with that federal database of traffic deaths. We’ve noted in a previous blog post that FARS data is not always accurate due to differing state laws and the differing perceptions of the police officers who enter the data.
Uber also excluded any fatalities that occurred during the times drivers were awaiting ride requests, while still logged into the Uber app.
Most importantly, the Uber report did not include any nonfatal accidents in which passengers were injured. According to the National Highway Traffic Safety Administration’s 2017 data, 98.3% of injury accidents on the road do not result in the death of a person. Those are the accidents Uber decided not to include in their “safety” report to the public.
But are they really hiding accident data?
After all, they do report them to the California Public Utilities Commission. All Transportation Network Companies (TNCs), like Uber and Lyft, that operate in the state have been required to do that since 2013.
That information should be public, right? The commission has the word “public” right in its name.
But after intense lobbying by the TNC industry, the commission included in its rules a single sentence, inserted without public notice as footnote 42. This quiet little insertion states, “For the requested reporting requirements, TNCs shall file these reports confidentially unless in Phase II of this decision we require public reporting from TCP companies as well.” In essence, the reports may not be released to anyone. There is no exception for public safety information that does not have trade secrets or confidential data.
Thanks to a government commission that is more concerned with the TNC lobby’s demands than the public’s right to know, we don’t know how many injury accidents Uber or Lyft is hiding.
However, 2015 PowerPoint by the public utilities commission, indicates that as of that time, TNC drivers had more than 1,100 traffic accidents per month in California alone.
Riding in any car carries the risk of being injured in a traffic accident. But when you’re paying for the ride, you deserve to know how high that risk is.
It’s concerning that TNC companies are actively hiding it.
Uber Reports 3,045 Sexual Assaults in 2018
On December 5, 2019, representatives from Uber admitted that in 2018 alone, there were 3,045 reported sexual assaults during its rides in the United States, showing that the “gig economy” is still placing consumers’ safety at risk. These assaults ranged in severity from unwanted kissing to attempted rape, and rape. 92 percent of the reported rape victims were riders.
The data came from Uber’s own study of unsafe incidents reported on both riders and drivers. In 2017, Uber reported 2,936 sexual assaults. These are astonishingly high numbers, and they point to the dangers of the unregulated peer-to-peer industry (see related articles below).
While Uber claims to be making greater efforts towards passenger safety, the facts show that these efforts simply aren’t good enough. In addition to the thousands of sexual assaults, Uber reported that there were nine murders during Uber rides in 2018 (10 in 2017), and 28 fatal Uber crashes (up from 49 in 2017).
Lyft has also been featured in several recent news reports of drivers committing rape and sexual assault against riders.
Have you been assaulted by an Uber or Lyft driver? Contact the personal injury attorneys at TorkLaw. We can help make sure you have the resources you need to recover and seek justice against your attacker.
The Hidden Dangers of the Gig Economy: Airbnb “Mansion Party” Shooting Leaves 5 Dead
A deadly Airbnb shooting at a Halloween party in a California Bay-area rental is probably the most tragic news from many recent articles on how the San Francisco-based company is wreaking havoc on people’s lives.
Airbnb Shooting at “Mansion Party”
The Orinda, California house was rented by a woman claiming that 12 asthmatic family members needed a place to escape smoke from the Kincade wildfire, still burning in Sonoma County.
While the owner, Michael Wang, was suspicious of a one-night rental on Halloween, he warned the renter about their “no party” policy and let it go at that.
Then, Thursday night, neighbors contacted Wang’s wife to let them know that there was, indeed, a party on the property. Apparently, there was a DJ as well, and the party had been advertised on social media as an “Airbnb mansion party.”
The Wangs contacted the renter, who insisted there were only a dozen people at the house, but the doorbell video camera clearly showed many more. The property owners were on their way to the house when the neighbor called back to say there had been a shooting. They notified police.
Three people were found dead at the scene and two died later in the hospital. Two guns were also found at the scene.
Prior to the Airbnb shooting, the four-bedroom home San Francisco suburb of Orinda had previously been cited for over-occupancy (the limit in the neighborhood is 13), illegal parking, and overflowing trash.
Brian Chesky, Co-founder, CEO, and Head of Community at Airbnb tweeted in response to the incident that the company would implement a policy to ban party houses and improve their efforts to eliminate abuses by both hosts and guests.
Nationwide Airbnb Scam
Another recent article recounted how easy it is for Airbnb hosts to set up fake accounts to scam customers.
Those seeking a pleasant, well-furnished house in a nice area would find a property being rented by an innocuous-seeming couple. Then, they would be contacted less than an hour before they were to take occupancy and told that there was a problem with the property. But the hosts could offer something “just as nice.”
When guests reluctantly agreed and were given the new address, they would arrive at a barely-furnished, filthy place in a sketchy neighborhood. These Airbnb guests were forced to either stay in disgusting quarters, or pay again to find another place to stay.
It’s the classic “bait and switch.”
This has happened in multiple cities, and complaints to Airbnb have not been handled to the guests’ satisfaction: most guests have had to forego their deposits, and have not been refunded what they are owed.
Worse, those guests who have the nerve to write a review to warn other Airbnb guests about their nightmare soon find themselves victims of bad reviews by the scammer. This limits their ability to rent from legitimate hosts in the future. Facebook recently shut down groups of Airbnb hosts who used their platform to gossip about guests.
To date, the company doesn’t seem all that interested in dealing with the sort of scams made possible by their weak verification process of hosts, or in changing their verification process to protect consumers or ensure public safety.
Previous TorkLaw Posts on Airbnb Dangers
Since we published our “Ultimate Guide On Airbnb Accident Injuries” in 2017, TorkLaw has been staying apprised of this company’s misdeeds. We published a blog post in 2018 regarding a finding that many Airbnb properties don’t have basic safety equipment like smoke detectors.
This is because, again, like so many aspects of the gig economy, peer-to-peer rentals are basically unregulated. This places consumers in grave danger of property damage, bodily injury and wrongful death.
Few Laws Prevent Airbnb Risks
Currently, there are few state or federal laws preventing such Airbnb scams. While consumer protection laws allow you to sue people who take advantage of you, they do not regulate peer-to-peer rentals in a way that can stop these scams from happening in the first place. So far, state and local leaders have done little to change that, and local governments seldom have the resources to pass such laws.
A case in point: Jersey City, New Jersey’s second-largest city, is waging such a battle to regulate Airbnb and similar peer-to-peer rental sites more stringently, for a number of reasons.
One of the main complaints in many cities with a massive number of Airbnb rentals is that they are driving housing prices up to the point that average people can no longer afford to live in the cities where they work.
There are also safety issues involved in what have become, essentially, illegal hotels operating in residentially-zoned neighborhoods. These Airbnbs bring additional traffic and crime to streets that used to be safe places to live.
Yet, as Brian Chesky tweets about his company’s commitment to “do better,” the Wall Street Journal reports that Airbnb is spending millions to fight a proposed Jersey City law designed to protect consumers.
Possibly Chesky’s response to the recent Airbnb shooting is sincere.
Or maybe it’s just another Airbnb scam.
The Hidden Dangers of the “Gig Economy”
The “gig economy” is booming. And while economists argue about its benefits and drawbacks, the real danger hides in plain sight. Many recent events show just how often the latest economic trend places consumers at risk of serious injury and even death.
What Is the Gig Economy?
In the gig economy, temporary, flexible jobs are more common, as businesses hire fewer full-time employees, and more independent contractors and freelancers.
In many ways, this trend is a response to the Great Recession of 2008, but in other ways, it has been building for decades. Those who grew up in the 1980s and 90s were disillusioned by observing their parents’ experience. Mom and Dad often sacrificed family time to focus on their lifetime careers, and trusted their employers to make it all pay off at retirement time.
Then the market bottomed out. Many dedicated employees saw their retirement funds disappear. Firms where they had devoted so many overtime hours paid them back by laying them off.
Young people entering the workforce at the turn of the millennium weren’t satisfied with entry-level positions and a non-binding promise of seniority. They demanded more flexibility, wanting to enjoy their lives now. They weren’t willing to gamble on a future that might never come.
The Birth of the Gig Economy
As millennials began to carve their own paths, they sought work that was adaptable to their needs in the moment. As technology improved, it became possible for people to work remotely, rather than be tethered to a brick-and-mortar office. Companies sprang up to take advantage of this situation.
In some ways, the gig economy has been beneficial. Workers desiring flexibility can do part time gig work whenever they want. Businesses can save money by paying temporary workers as needed. Consumers can easily find goods and services that are close and convenient.
However, full-time employees seeking a more stable career are finding fewer opportunities, and losing jobs to temps who don’t qualify for benefits or career development.
And temporary workers are discovering a frightening reality:
[bctt tweet=”There is no safety net in the gig economy. ” username=”torklaw”]
You can call yourself an Uber driver or Amazon delivery person, but Uber and Amazon call you an “independent contractor.” By not classifying their drivers as employees, they avoid responsibility for those drivers’ actions.
And when people are harmed by those actions, they spend millions on high-priced attorneys to avoid paying those people a dime.
The Human Toll
Corporations avoiding responsibility for harming consumers is nothing new; the gig economy has simply provided them with a new way to do it. Here are just a few examples of gig economy companies whose actions are placing people in danger:
Uber and Lyft Sexual Assaults
In early 2019, a client retained TorkLaw in a sexual assault claim against an Uber driver in the Oakland, California area.
The victim used the Uber app to request a 15-minute ride, during which the driver assaulted her. The driver was soon arrested, and we learned that there were multiple victims in this case. Our client suffered severe emotional trauma, acute anxiety, disorientation, loss of focus, and trouble sleeping.
Just before that incident, CNN published an expose that Uber’s background checks on its drivers were inadequate. They often didn’t cover the applicant’s criminal history or even require fingerprints. At that time, over 100 Uber drivers had been accused of sexual assault.
At the outset of our case, we did a cursory Google search on the name of the driver. We found a felony arrest listed for his very unusual name. The arrest matched the location where his Facebook page confirmed he lived at the time.
That alone should have disqualified him from becoming an Uber driver. The information was so easy to find, it is almost certain that Uber didn’t perform even the most cursory background check before subjecting their customers to this sexual predator.
Just recently, 14 women sued Lyft for their mishandling of sexual assault cases.
Strict regulations govern taxi companies regarding the drivers they hire, but Uber and Lyft don’t consider themselves taxi services. They claim to be technology companies, or “Transportation Network Companies.” They see their role as connecting people who need a ride with people willing to drive them. Clearly, Transportation Network Companies do not see themselves as being in any way accountable for their users’ safety.
Amazon Delivery Deaths
Amazon’s fast, free shipping used to rely on FedEx, UPS and the US Postal Service for door-to-door package deliveries. The behemoth retail company refers to those deliveries as “the last mile.”
However, these shippers grew tired of Amazon’s constant demands for lower prices. As a result, Amazon has been hiring more independent contractors as “last mile” drivers.
Like Uber drivers, these workers have no rights as employees. And like Uber, Amazon absolves itself of any responsibility for their actions. In court filings, Amazon refers to them as “third parties not under the direction or control of Amazon.com.”
However, Amazon uses routing software to allow dispatchers from Amazon warehouses to closely monitor these drivers, and call them directly if they fall behind schedule. Amazon is the sole client for many contractors and can make demands regarding their hiring decisions. That sounds a lot like direction and control to me.
Even though delivery driving is one of the deadliest jobs in America, Amazon’s “Flex” drivers receive very little safety training. Many Amazon delivery drivers say they are encouraged to skip meals, bathroom breaks, and even avoid wearing seat belts to deliver packages faster.
Not surprisingly, public records document hundreds of road wrecks involving Amazon delivery vehicles. At least 100 lawsuits name Amazon as a defendant.
[bctt tweet=”Tragically, since June 2015, Amazon delivery contractors have been involved in at least 10 fatal accidents.” username=”torklaw”]
In 2018, thousands of GPS-tracked dockless electric scooters began showing up on urban streets without warning. These dockless devices had no designated pick-up or drop-off spots. Users could rent them using a mobile app and ride away, with no oversight or instruction. When done, they can leave them virtually anywhere for another rider or company representative to pick up.
Scooter companies like Bird, Jump, Lime and Lyft dumped them in urban centers literally overnight.
The strategy was intentional. Permits cost time and money, so they forego that process and deploy their vehicles unannounced. Instead, they saturate the market to establish a strong presence and gain traction with residents.
Cities scrambled to deal with the unexpected safety risk of hundreds of motorized scooters inundating their streets. Unhelmeted users buzzed down sidewalks at 15 miles per hour, and abandoned Bird scooters on residents’ lawns, or in the middle of driveways and store entrances.
A 2018 study estimates that at least 20 users sustain injuries on e-scooters per 100,000 trips.
Half received head injuries, and fifteen percent suffered traumatic brain injuries. 29 percent of injuries involved alcohol; 37 percent involved excessive speed. 19 percent of riders involved in an e-scooter injury believed the scooter malfunctioned.
These scooter and dockless bike companies are named in multiple lawsuits for their dangerous practices; time will tell if they have any effect.
For many families, vacations are cost-prohibitive, considering hotel prices. The Airbnb marketplace makes vacations more affordable for many. Airbnb is similar to Uber in that it connects people seeking accommodations with private parties offering them for a price.
But sometimes unsafe conditions on these properties result in guest injuries. Recently, a 4-year old boy in Phoenix found his way into an ungated pool at an Airbnb property, and was rushed to the hospital in “extremely critical condition.” It isn’t clear if the owner had violated property codes.
The new Airbnb Plus program offers “high quality homes” that are inspected before rental. But unless you can pay Plus prices, your property probably won’t receive a safety inspection.
The Gig Economy is a Mixed Bag
Full disclosure: our personal injury attorneys use Uber, Lyft, Airbnb, and purchase from Amazon.com. We’re not sure if any of them have rented a dockless scooter, but it sounds like fun. The sharing economy has some good points, and makes it possible for people at all economic strata to enjoy the finer things in life.
And we certainly don’t begrudge a company that runs a useful service its full measure of success.
But organizations raking in billions of dollars on the “sharing economy” should share accountability for the situations they created.
It’s interesting: these new “collaborative consumption” corporations are a lot like the old ones. They are, as always, solely focused on the bottom line, and less interested in the safety of its employees, customers, and communities.
That’s why TorkLaw is in business – to give injured victims of negligence or wrongdoing their day in court. When the actions of the rich and powerful result in injury and death, we want to hold them accountable. We want to help to create an economy and a social structure that works for everyone, regardless of their tax bracket.
If you’ve been injured by an “independent contractor,” and are experiencing problems being fairly compensated for your damages, contact the personal injury lawyers at TorkLaw. We will help ensure you receive what you need to recover.