2026 House Resolution 342

Whereas, House Bill 8870, named the BUILD America 250 Act, authorizes funding for, among other things, Federal-aid highways, bridge construction and rehabilitation, highway safety programs, transit programs, and rail programs; and

Whereas, Amendment 041 to the BUILD America 250 Act, which was offered by Representative Vince Fong of California, would shield rideshare and delivery companies from vicarious liability. Specifically, under Amendment 041, rideshare and delivery companies could not be held liable under state or local law for any harm to a person or property that occurs as a result of, or that arises out of, the use, operation, or possession of a motor vehicle by an app-based driver, so long as the company is not grossly negligent and did not commit any criminal wrongdoing; and

Whereas, The passage of such an amendment would make it harder, and in some cases impossible, to hold rideshare companies liable for harm caused by drivers using their platforms, including for sexual assault. This is of particular concern to users of rideshare platforms, as data shows users are already being subjected to this criminal behavior. A 2025 investigation from The New York Times reported that from 2017 to 2025, 400,181 Uber trips in the United States generated reports of sexual assault or sexual misconduct. There is already ongoing litigation against rideshare companies seeking to hold them liable for sexual assaults by drivers utilizing their platforms. In February 2026, an Arizona jury found Uber liable for an alleged sexual assault committed by one of its drivers on a theory of vicarious liability; and

Whereas, Proponents of such an amendment have described it as a guard against abusive litigation that can impact a rideshare company’s insurance coverage. However, the amendment is more expansive, exempting rideshare companies from state law liability for harm caused by drivers on their platforms, unless they are found to have been grossly negligent or to have committed a criminal wrongdoing. Preempting vicarious liability claims would not merely preclude frivolous claims, it would foreclose meritorious claims of such companies failing to prevent harm; and

Whereas, It is important that states retain the right to identify and respond to problems within their own boundaries based on what is best for their residents. However, federal preemption of vicarious liability for rideshare companies impedes states from performing this function; now, therefore, be it

Resolved by the House of Representatives, That we urge the United States House of Representatives to reject Amendment 041 to House Bill 8870, the BUILD America 250 Act, or any amendment to any other bill or legislative measure that would exempt rideshare and delivery companies from vicarious liability for injuries or damages caused by their drivers; and be it further

Resolved, That copies of this resolution be transmitted to the Speaker of the United States House of Representatives, the Minority Leader of the United States House of Representatives, the United States House Committee on Transportation and Infrastructure, and the members of the Michigan congressional delegation.