The popularly used rideshare apps such as Uber and Lyft are typically considered to be a dependable and safe form of transportation. The convenience of scheduling a driver to pick up and drop you off can come with certain disadvantages, one of them being the safety of drivers. The safety protocols taken when screening rideshare drivers are often a big concern for users given the claims of sexual assault filed against drivers in the past. In Uber’s 2019-2020 Safety Report, the company received 3,824 sexual assault claims against drivers for allegations of non-consensual kissing, sexual touching, and rape. While the number of sexual assault claims reported is relatively low compared to the total number of rides during 2019-2020, the data still shows the possibility of sexual assault related safety issues.
Who Is Held Liable For a Sexual Assault by an Uber Driver?
In an Uber or Lyft sexual assault claim, the individual rideshare driver is most often the party that is held liable for the sexual assault committed against a passenger. While the rideshare company may have had responsibility in the negligent hiring of an unsafe driver, each rideshare driver has the legal obligation to keep passengers reasonably safe. Intentionally committing a sexual offense is both a crime and a civil tort in which the driver is liable for the passenger’s damages.
Generally, employers are able to be held vicariously liable for the actions of their employees. This means that since the employees are subject to the control of the employer, the employing company should be held liable for the negligent actions of its workers on the job. However in an Uber or Lyft sexual assault case, since each driver is an independent contractor, the employing company is able to avoid the basic premises of vicarious liability. These rideshare companies have less control over the drivers as independent contractors and are typically able to avoid being held liable in a legal claim for a driver’s sexual offense. On the other hand, there are instances in which the rideshare companies may be found liable in sexual assault cases. This can include claims of negligent hiring, failing to conduct diligent background checks on drivers, or hiring a driver with criminal charges.
What Damages Are Recoverable After a Rideshare Sexual Assault?
If you have been a victim of sexual assault by a rideshare driver, you may have grounds to file a lawsuit. Any form of non-consentual touching or rape is a valid claim for a lawsuit against a rideshare driver. Working with a specialized lawyer to file a personal injury claim, you may be able to recover damages including:
- Medical expenses, such as emergency room bills and mental health treatment
- Lost wages
- Pain and suffering
- Punitive damages
Depending on your specific claim and the details of the incident, the amount of compensation you may be eligible to receive varies. Victims of rideshare sexual assault may be entitled to both economic damages and non-economic damages. Medical bills for doctors visits and psychological care are common forms of economic damages that victims can recover. Non-economic damages that are able to be recovered in a sexual assault claim typically include pain and suffering, loss of consortium, and emotional distress.
How Do You File a Rideshare Sexual Assault Claim?
If you were a passenger in a rideshare and experienced nonconsensual sexual acts by the rideshare driver, you have grounds to take legal action. To seek compensation after a sexual assault, you must file a civil claim. In your claim, you must state details of the incident that occurred and the damages you endured. Sexual assault claims typically include economic damages, as well as mental and emotional damages, including pain and suffering. Formal charges to sue for in a sexual assault case can include assault, battery, or intentional infliction of emotional distress.
Once you have filled out the details of your complaint, you must file the claim with the court and serve the offender. The case can be brought against the sexual assault perpetrator, the rideshare company such as Uber, or both. Working with a trusted Uber sexual assault lawyer can help ensure your claim is filed correctly so that you are able to receive the maximum compensation you deserve. You may be eligible to receive financial compensation for both tangible and intangible losses that you experienced.