Negligent hiring occurs when a company fails to take reasonable steps to ensure that the individuals it hires or contracts are fit for the role and do not pose a foreseeable risk to others. This legal concept is rooted in the idea that employers, including those who rely on independent contractors, have a responsibility to protect the public by thoroughly vetting the people they place in positions of trust or authority.

Rideshare companies like Uber and Lyft depend on independent contractors to drive and interact directly with the public, often in private, isolated, and vulnerable settings. Because passengers are entering vehicles with unfamiliar drivers, these companies must take reasonable steps to thoroughly screen applicants. Negligent hiring practices may include:

• Failing to conduct criminal background checks or using unapproved screening services.
• Ignoring results that reveal violent or sexual offenses.
• Overlooking prior safety violations or passenger complaints.
• Hiring drivers without verifying a valid license or reviewing driving history.
• Approving drivers despite past DUI convictions or substance-related offenses.
• Failing to ensure drivers carry valid and adequate auto insurance.

By skipping these precautions, a company may put unqualified or dangerous individuals behind the wheel, endangering passengers and others on the road.

How Do Negligent Hiring Practices Lead to Rideshare Accidents?

Negligent hiring can directly contribute to rideshare accidents, injuries, or even assaults. When companies fail to disqualify drivers with clear red flags in their backgrounds, they increase the risk of preventable harm. Common ways negligent hiring may lead to rideshare-related crashes or incidents include:

• Multiple Traffic Violations: Allowing drivers with a pattern of DUIs or reckless driving to operate increases the likelihood of a collision.
• Invalid Credentials: Drivers operating with suspended or expired licenses may lack legal authority or current safety training.
• Criminal Backgrounds: Overlooking prior charges for assault, harassment, or other offenses may expose passengers to risk.
• Unaddressed Complaints: Ignoring credible passenger complaints may indicate a failure to take public safety seriously.
• Substance Abuse Issues: Permitting drivers with a known history of substance abuse without verification of rehabilitation puts passengers at serious risk.
• Vehicle and Insurance Problems: Failing to check for proper insurance or vehicle maintenance can lead to higher injury severity in a crash.
• Incentive Pressures: Some lawsuits have alleged that algorithm-driven bonuses encourage speeding, skipping breaks, or ignoring traffic laws.
• Lack of Ongoing Screening: Even if a driver passes the initial check, failure to conduct regular reviews may allow new violations or criminal activity to go unnoticed.

Several high-profile lawsuits in recent years have raised public awareness of these risks. In California, plaintiffs have alleged that Uber failed to remove drivers with documented histories of sexual misconduct. In Texas, a wrongful death lawsuit against Lyft claimed that the company’s algorithm pressured drivers to rush through traffic lights and speed to meet performance targets, placing both drivers and passengers in danger.

Who Is Responsible When Negligent Hiring Causes Harm?

When a rideshare accident or assault occurs due to negligent hiring, liability may extend beyond the individual driver. In New Jersey, companies such as Uber and Lyft may be held accountable under the legal theories of negligent hiring, negligent retention, or negligent supervision if they failed to take reasonable precautions and that failure contributed to the harm.

Under New Jersey law, claims may involve:

• Negligent Hiring: When a company hires a driver with a known history of DUIs, criminal behavior, or license issues without performing proper screening.
• Negligent Retention: When a company allows a driver to continue working despite receiving credible reports of dangerous or inappropriate conduct.
• Negligent Supervision: When a company fails to investigate complaints or enforce safety protocols after becoming aware of a potential problem.

To hold a rideshare company liable, you must show that the company knew or should have known of the risk and failed to take reasonable measures to prevent foreseeable harm.

What Are New Jersey’s Rideshare Laws?

In 2017, New Jersey enacted the Transportation Network Company Safety and Regulatory Act to oversee companies like Uber and Lyft. These laws are designed to protect both passengers and the general public. Under the law, rideshare companies must:

• Conduct state and national criminal background checks using approved databases.
• Check driving records through the New Jersey Motor Vehicle Commission (MVC) for suspensions or major violations.
• Disqualify drivers with recent DUI convictions, serious traffic offenses, or certain criminal records within the past seven years.
• Ensure all drivers hold valid driver’s licenses, active vehicle registrations, and auto insurance.
• Provide $1.5 million in liability insurance coverage while a passenger is in the vehicle. Lower minimum coverage applies when a driver is logged in but has not yet accepted a ride.
• Comply with Sami’s Law, which requires driver identification placards and illuminated signs to improve rider safety and prevent impersonation.

These laws aim to reduce preventable injuries and hold companies accountable for who they allow on the road.

How Can I Prove Negligent Hiring Caused My Uber or Lyft Accident?

To prove that negligent hiring caused a rideshare-related injury, you must go beyond showing the driver made a mistake. Instead, you need evidence that Uber or Lyft failed to act reasonably during the hiring process—and that this failure contributed directly to your harm.

Evidence that may support your case includes:

• A driver’s criminal background or driving record showing prior DUIs, reckless driving, or other disqualifying conduct.
• Past passenger complaints or reports of unsafe driving or misconduct.
• The company’s internal hiring policies, showing whether standards were followed or ignored.
• Documentation of warnings, suspensions, or internal investigations, proving the company was aware of ongoing concerns.
• Violations of New Jersey’s TNC law, such as failure to run required checks or monitor driver status.

A skilled rideshare accident attorney can help you obtain this information, including through legal tools like subpoenas and discovery requests.

South Jersey Uber and Lyft Accident Lawyers at Kitrick, McWeeney & Wells, LLC Fight for Clients Harmed by Rideshare Drivers

When rideshare companies cut corners and approve drivers with troubling histories, they put public safety at risk. If you were injured in a crash or assault involving an Uber or Lyft driver who should never have been hired, you may be entitled to compensation. The experienced South Jersey Uber and Lyft accident lawyers at Kitrick, McWeeney & Wells, LLC understand how to hold companies accountable for negligent hiring practices. Call 732-920-8383 or contact us online to schedule a free consultation. We have offices in Manasquan and Brick, New Jersey, and serve clients throughout the state.