Safeguard: Sexual Abuse Liability within the Transportation sector

Sexual misconduct risks in the transportation sector are often underestimated, especially when compared to more closely scrutinized fields like education, healthcare, and religious institutions. The nature of transportation services, where minors and vulnerable adults may be alone in a vehicle with a single driver, presents a heightened risk when appropriate safeguards, risk management strategies and oversight are not in place.

The risk is rising, as reflected in the growing number of settlements across the sector. It’s time for transportation companies to address the issue and take meaningful steps to create safer environments.

Where the risk lies

Providers such as non-emergency medical and school transportation often serve vulnerable groups - including children, the sick, the elderly, and people with disabilities – who may require close physical assistance. These interactions can create situations where misconduct may occur. The rise of on-demand and specialised ride-share services has further increased exposure, with a growing number of reported allegations of sexual assault and abuse by drivers. 

By implementing robust safeguarding measures, transportation providers can protect vulnerable groups, prevent serious harm, and mitigate the risk of legal, financial, regulatory, and reputational damage.

• School district transportation

  School districts and school bus companies in particular can face significant responsibility for ensuring student safety. When incidents occur on school buses, districts can face allegations related to inadequate safeguarding measures, such as insufficient background checks, supervision, or response protocols.

  Since 2022, a Nevadan school district has paid out almost $28M in relation to sexual abuse perpetrated against several students with disabilities by a school bus driver.¹ These cases highlight the importance of robust hiring practices, clear reporting procedures, and proactive oversight.

  It’s also important to recognise that safeguarding concerns may involve peer-to-peer incidents. Allegations of student-on-student abuse require equally diligent attention.

• Non-emergency medical transportation and paratransit service

  Non-emergency medical transportation (NEMT) and paratransit services - which cater to individuals with disabilities - are also vulnerable and it’s an area where we have seen claims activity.

  These services can involve a high degree of isolation. NEMT and paratransit face particular challenges due to the need for often close physical interactions between operators and the transported.²

Mitigating risks and protecting vulnerable populations

A strong commitment to safeguarding is vital to maintaining a safe and supportive environment for those who rely on transportation services. When incidents occur, the consequences can be devastating, impacting individuals and communities, while also leading to serious financial and reputational harm. This includes increased insurance costs and a loss of trust from families, stakeholders, and the wider public.

Transportation organisations should adopt rigorous hiring, clear policies, thorough training, and ongoing supervision to reduce risk and safeguard vulnerable passengers..

• Here are seven best practices to create safer environments:
• Designate individuals for supervision, separate from drivers
• GPS tracking on vehicles
• Inward facing cameras and robust practices around storage of video footage
• Requirements to take attendance and/or track rider absences
• Specified routes
• Requirements to log and track mileage, stops, and starting/ending times
• Communication/other messaging services to contact parents/guardians/etc.

By proactively addressing safeguarding risks and implementing robust preventative measures, transportation providers can protect vulnerable passengers and reduce exposure to financial and reputational harm.

Safeguard can step in to support clients in strengthening policies, tightening background checks, sharpening risk assessments and improving incident reporting – all to create safer spaces for those who need them most.

But when prevention isn’t enough, Safeguard is built to respond. If an incident occurs, our crisis support activates immediately – deploying legal experts, counsellors, investigators and reputational specialists to help organizations. And beyond the crisis, our consultative approach means insureds have a steady partner to guide them through every stage.

In a sector where trust is everything, Beazley’s support is built for the long haul – steady, responsive, and ready when the stakes are high.

Beazley Safeguard, Beazley’s market-leading standalone SML policy, offers risk management tools, pre-claim coverage for circumstances, and liability insurance.