If you have ever taken a ride from Uber or Lyft, you probably know that the rideshare app must send you a name and photo of your driver. Unfortunately, someone other than the driver you were shown shows up. These “ghost drivers” are usually not authorized by the rideshare company, and they may be dangerous. If a ghost driver assaults you, you should call the authorities and ask a lawyer for help.
If a ghost driver assaults you, you should call the police and get emergency medical help. Once you have spoken to the authorities, you should contact an attorney about getting financial compensation from those responsible for the attack. When preparing your case, we must be mindful of the statute of limitations. This may differ depending on whether you file a personal injury claim or a claim for assault and battery. These laws may also vary by state. If you do not know the identity of the ghost driver, we can work with the authorities to find them.
Obtain a free initial case analysis from our Dallas, TX personal injury attorneys with The Queenan Law Firm by calling us at (817) 476-1797.
What to Do After an Assault From a Ghost Driver
Being assaulted under any circumstances can be a terrifying and painful experience. Being assaulted by a ghost driver impersonating a Lyft or Uber driver can be especially frightening because you might be trapped inside the car with them. Whatever happens, take the following steps to protect yourself and get justice for what happened.
Your first goal should be to call the police and get to a hospital as quickly as possible. Assault is a serious crime, and the police can help you find the ghost driver who hurt you and bring them to justice. You might also need emergency medical care, even if it is something seemingly minor, like a few stitches. More serious assaults may lead to more urgent medical needs.
After talking to the police and getting medical care, you should call a lawyer to discuss how you can get compensation for what happened to you. Your medical bills are likely not cheap, and you might have other costs and damages to contend with. The person who assaulted you should have to pay, not you.
When to Sue a Ghost Driver Who Assaulted You
You might be unsure about how to take legal action. The ghost driver might still be out there, and you might not even know who they are. If the police have found them, we might have to wait for criminal proceedings to be completed before our personal injury attorneys can move forward with civil claims.
If you decide to file a civil claim, we must file it before the statute of limitations closes. This is the law that determines how much time plaintiffs must file certain claims, and they vary from state to state. In Texas, the statute of limitations for personal injury claims is 2 years, according to Tex. Civ. Prac. & Rem. Code § 16.003.
Keep in mind that your case might instead fall under the statute of limitations for assault or a similar intentional tort, which is different from most personal injury claims.
If you are still unsure about taking legal action, consider the severity of your injuries. Do they interfere with your daily life? Are they expensive to treat? If the answer is yes, you may want to sue for damages. Serious injuries tend to take an enormous toll, financially and emotionally, and you deserve compensation.
How to Gather Evidence for a Lawsuit Against a Ghost Driver
We need to gather some evidence to support your claims before we can file anything. While the police can help us find evidence, police reports about the incident may be inadmissible in court. As such, we may need to investigate further to get what we need.
Records from the rideshare app may be crucial. We can use these records to prove that the defendant was not authorized to drive for the rideshare company. Data from the rideshare app might show that the rider who was assigned to pick you up was not the rider who did pick you up.
We may also use photos and videos you recorded with your phone. If you believe your driver is a ghost driver, you should start recording everything that goes on inside the car with your phone. Video or audio recordings of the assault may be extremely powerful evidence.
If the defendant is criminally charged and convicted of the assault, we may use the criminal conviction as evidence in your civil case. Remember, civil claims are entirely separate from criminal cases. Even if the defendant is not convicted or even charged, we can still help you sue them in civil court.
How to Sue a Ghost Driver for Assault if You Do Not Know Who They Are
The problem with ghost drivers is that they are not exactly forthcoming with their names or other information we could use to identify them. Since ghost drivers are not the driver described by the rideshare app, there is often no way to know who they are unless they tell you, which they likely will not.
We cannot sue someone if we do not know who they are. As such, we can use evidence like your photos and videos to try to identify them. We may also work with the police to try and track them down and bring them to justice.
We can also contact the driver they were impersonating and ask them questions. This is especially important since the other driver might also face charges if they knowingly allowed the defendant to be a ghost driver.
If You Were Assaulted by a Ghost Driver, Call Our Personal Injury Attorneys Today
Obtain a free initial case analysis from our Dallas car accident attorneys with The Queenan Law Firm by calling us at (817) 476-1797.