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Hailing an Uber or Lyft is common in Dallas for those who need transportation, are unfamiliar with the city, or are hesitant to drive after a night out with friends. What riders do not expect is to experience a sexual assault by an Uber or Lyft driver.
Victims of rape and sexual assault by an Uber or Lyft driver have come forward in the past, and some have been able to file lawsuits against these companies for substantial compensation after the company failed to keep their riders safe. No matter the state you were in when the crime occurred, you still have the right to pursue justice and compensation for all responsible parties, including Uber and Lyft.
Call The Queenan Law Firm, P.C. today at (817) 476-1797 for a free case review with our Uber and Lyft sexual assault lawyers.
What to Do Following a Sexual Assault in an Uber or Lyft
Being sexually assaulted under any conditions can be frightening and overwhelming, to say the least. The best thing you can do for yourself and to protect your legal interests is to get help immediately.
Call the police immediately. Explain that a rideshare driver assaulted you. This is an extremely serious crime, and the police will want to investigate, track down the perpetrator, and possibly arrest them. You may need to provide the police with a description of the attacker, their vehicle, and the location where they dropped you off.
You should also go to a hospital as soon as possible. The police may take you themselves, or you might need an ambulance if you are seriously injured. In many cases, doctors and nurses with special training may administer rape kits to help collect evidence that can be used to identify the assailant.
Finally, call a lawyer as soon as possible. While the police investigate, your attorney can help you begin to prepare a civil claim for damages. Our Uber or Lyft sexual assault attorneys can prepare your case against the driver and possibly the rideshare company.
Suing Uber or Lyft for Sexual Assault in Dallas
Sexual harassment and sexual assault are often conflated, but they have distinct definitions. Sexual harassment refers to any unwelcome sexual advances, including comments and gestures. Sexual assault involves physical acts that go beyond mere words and gestures, encompassing forced sexual contact such as rape, sodomy, and other forms of unwanted sexual contact.
To prioritize the safety of their riders, Uber and Lyft implement stringent screening processes. They should reject drivers with a history of criminal activity or dangerous driving incidents. Failure to thoroughly screen drivers before allowing them to work can expose passengers to unsafe situations.
Should Uber or Lyft’s systemic errors result in a rider being matched with a dangerous individual, they should be held accountable. There have been instances where Uber and Lyft drivers have faced arrests and personal lawsuits for assault and sexual misconduct. In certain cases, the companies themselves have been implicated in these lawsuits, facing financial responsibility for their drivers’ actions.
While legal action against Uber or Lyft might present challenges, our Uber and Lyft sexual assault attorneys can assist you in seeking justice for the harm inflicted upon you. If you have experienced sexual assault by an Uber or Lyft driver in Dallas, you have the option to file the following legal claims:
Assault and Battery
Assault and battery are terms often used interchangeably, but they have distinct meanings.
Assault refers to the act of intentionally causing someone to fear immediate harm or offensive contact. Battery specifically refers to the physical act of actually inflicting harm or offensive contact on another person.
While assault and battery can occur together, it is important to note that they can also occur separately, with one happening without the other.
Negligent Hiring
Uber or Lyft can be held directly liable for the negligent hiring, supervision, or retention of a dangerous driver. In Dallas, Uber and Lyft should be held responsible for their failure to adequately screen, supervise, or retain drivers with a history of misconduct.
Intentional Infliction of Emotional Distress
Intentional infliction of emotional distress involves conduct that causes severe emotional trauma in the victim, which sexual assault certainly qualifies. Proving the intentional infliction of emotional distress can be challenging, but it is an appropriate cause of action in a sexual assault case.
Negligent Infliction of Emotional Distress
Negligent infliction of emotional distress pertains to individuals who witness traumatic events. It refers to the mental or emotional harm caused by someone’s negligence. For instance, if a child witnesses their mother being sexually assaulted during an Uber or Lyft ride, and subsequently experiences severe mental or emotional distress. As a result, they might have grounds to pursue a claim against the attacker for negligent infliction of emotional distress.
False Imprisonment
False imprisonment occurs when an individual is unlawfully confined against their will. In the context of rideshare incidents, this can occur when drivers who assault passengers intentionally restrict their freedom by locking them inside the vehicle, preventing them from leaving. Such actions provide valid grounds for a claim of false imprisonment.
When to Sue for Sexual Assault in an Uber or Lyft in Dallas
One of the biggest problems sexual assault victims have is coming forward with their stories. Many victims remain silent out of fear and shame. Although it may be difficult, you must come forward as soon as possible, as you have a limited time to sue for damages.
Civil claims for sexual assault fall under the statute of limitations for personal injuries. According to Tex. Civ. Prac. & Rem. Code § 16.003(a), you have 2 years from the date of the assault to file a civil case in court. If you cannot file on time, you may be time-barred and prohibited from ever filing your case.
While the statute of limitations is quite strict, there may be special exceptions that allow you more time. For example, under § 16.001(b), a victim who was a minor when the assault happened may have 2 years from when they turn 18, not when the incident occurred.
What Kind of Attorney Should I Hire After Being Sexually Assaulted in an Uber or Lyft?
Sexual assault cases, whether they involve Uber or Lyft drivers or not, can be legally complex. On the one hand, this is a serious criminal matter. On the other hand, you have the right to take civil action for financial compensation. You must work with a lawyer who knows how to handle cases like yours.
Remember, if the driver who assaulted you is arrested and criminally charged, a prosecutor will handle the criminal case. These are government employees, and you do not have to worry about them.
For your civil case, you need a lawyer who handles personal injuries stemming from sexual assault and abuse. The personal injury field is a broad area of law, and many personal injury attorneys handle very different cases.
How Hard is it to Sue Uber or Lyft for Sexual Assault in Dallas?
Suing a large company like Lyft or Uber is not easy. Not only are these rideshare companies shielded from liability under certain circumstances, but you may be going toe-to-toe with their legal departments.
Generally, when an employee negligently causes injuries while in the course of their normal job duties, their employer may be held vicarious liability. Unfortunately, this principle typically does not apply in cases involving Lyft or Uber, as drivers are not considered employees. Instead, they are independent contractors, and Lyft and Uber may not be held vicariously liable.
There may be other grounds for a lawsuit against Uber or Lyft. For example, these companies may be held liable for negligently hiring drivers they knew or should have known were dangerous.
While suing is difficult, it is possible, but it is somewhat unlikely for a case to actually go to trial. Often, these companies prefer to settle out of court, and we should prepare for settlement negotiations as soon as possible.
Suing Uber or Lyft for Negligent Hiring After Being Sexually Assaulted
As briefly mentioned before, Uber or Lyft may be sued for negligent hiring. Even if the driver who assaulted you is an independent contractor and not an employee, Uber and Lyft still must screen drivers before hiring them to protect rider safety.
According to Uber and Lyft, background checks are required for anyone who wants to be hired as a rideshare driver. If these companies come across information during the background check indicating that the potential driver is dangerous, they should not hire them. This may include multiple traffic violations or criminal charges for violent offenses.
Whether these companies ignored the screening results or the applicant somehow slipped through the cracks, Uber or Lyft should still be held responsible for negligently allowing a dangerous person to transport riders.
How to Prove Sexual Assault Against an Uber or Lyft Driver in Dallas
Our team specializes in representing individuals who have been victims of rape and sexual assault perpetrated by Uber and Lyft drivers. These cases can involve a range of misconduct, from inappropriate touching or grabbing to more severe acts such as penetration or forceful assault. The victims’ testimonies are often crucial in providing evidence that holds the assailants accountable.
In addition to your personal testimony, you might also have valuable evidence in the form of pictures, videos, or audio recordings captured on your phone. If there were witnesses present during the incident, their testimony or any video evidence they possess can further support your case.
It is worth noting that some rideshare drivers have cameras installed in their vehicles, and the footage from these cameras can be seized as evidence in assault cases. Furthermore, your Uber or Lyft app can provide important data regarding the driver’s identity and trip details.
How Likely am I to Win a Civil Case for Sexual Assault by a Rideshare Driver?
Sexual assault cases can be tricky for multiple reasons, and success is never guaranteed. While the road ahead may be challenging, this should not deter you from seeking justice in the civil courts.
Many survivors of sexual assault hesitate to come forward due to concerns about law enforcement’s handling of their case. Unfortunately, there have been instances where rape kits and other critical evidence remain untested and unexamined for extended periods. In some trials, sentences for convictions might be lenient, and restitution for the victim might be insufficient or nonexistent.
In a civil lawsuit, the focus shifts to the victim and the harm they have endured rather than solely on the defendant. The burden of proof is also lower, with the victim needing to demonstrate that it is “more likely than not” that their claim is true, as opposed to the higher “beyond a reasonable doubt” standard used in criminal cases.
This provides victims with a stronger chance of winning a civil lawsuit against both their assailant and the rideshare company they were employed by, as compared to the uncertainties of a criminal case.
Damages You Can Claim Against Uber or Lyft for Sexual Assault in Dallas
If you have been a victim of sexual assault, you may be eligible for compensation for the harm you have endured. This compensation encompasses various aspects, including restitution for the violation you have suffered, as well as compensation for pain and suffering, mental anguish, and any physical injuries.
In addition, you might also be entitled to claim economic damages in court. This can include reimbursement for medical treatments, lost wages resulting from the assault, or any other financial losses incurred due to the incident.
It is important to note that Uber and Lyft might attempt to pressure plaintiffs into settling their cases for lower values. However, our team of attorneys is here to assist you in understanding the true worth of your case and to advocate on your behalf. We can help negotiate for higher damages, or if necessary, we are prepared to fight your case at trial if these companies refuse to provide you with the compensation you deserve.
Settling a sexual assault case can often be a beneficial option, as it allows you to avoid the potentially distressing experience of testifying about your traumatic ordeal in open court and facing cross-examination from opposing lawyers and judges. Ultimately, our goal is to support you throughout the legal process and ensure that you receive the justice and compensation that you are entitled to.
How Expensive is a Lawyer in a Rideshare Assault Case?
A major concern people have when initiating legal action is the cost of legal fees. Although hiring a lawyer is sometimes expensive, it is often worth the cost, as your attorney can help you get substantial financial compensation.
Many attorneys charge their clients a contingency fee. This often means that clients do not have to pay anything unless a certain outcome is achieved. For example, many attorney do not charge their clients unless they win their case.
Other attorneys charge flat rates for their services. This is more common when the legal services needed are short-term, such as reviewing some paperwork. Handling a more complex case from start to finish will probably not be charged this way.
Whatever the situation, our legal team can work out a reasonable financial agreement with you, allowing you to afford to take your case to court and obtain justice.
Our Dallas Uber and Lyft Sexual Assault Attorneys Can Help
For a free case evaluation with our Uber and Lyft sexual assault attorneys, contact The Queenan Law Firm, P.C. at (817) 476-1797.