We often rely on rideshare services like Lyft or Uber to get around when we cannot drive ourselves and public transit is unavailable. Unfortunately, some rideshare drivers are dangerous people who sexually assault unsuspecting passengers. If something like this happens to you, an attorney can help you get justice and fair compensation.
If you are sexually assaulted in a Lyft or Uber, you should get away from the attacker and call the police immediately. If you are injured, you should visit a doctor as soon as possible. There, they can also use a rape kit to look for DNA evidence. While criminal charges may be pending against the attacker, we can use medical and police records for a civil claim for damages.
Receive a free, private case analysis when you call our attorneys for sexual assault in an Uber or Lyft at The Queenan Law Firm at (817) 476-1797.
What to Do After a Sexual Assault in a Lyft or Uber
Dealing with sexual assault is frightening and overwhelming. Many people try to run while others are frozen in place. Whatever happens, try to take the following steps to protect yourself.
First, call for help immediately. Many people feel humiliated and violated after being sexually assaulted, and they are afraid of letting anyone know what happened. Others might fear retaliation from the attacker. Calling the police immediately will help you get justice later.
Once you have spoken to the police, contact a lawyer for yourself. The police and prosecutors will handle criminal charges if any are assessed, but you need a lawyer to help you file a civil claim. The person who hurt you should have to compensate you for everything that they did.
If you can, save as much information and evidence from the incident as you can. The police can help you get a rape kit to find DNA evidence. Make notes of everything you remember about the attacker and the assault, so we do not forget any important details. Your attorney can help you find additional evidence to prove your claims.
Records Needed to Support Your Sexual Assault Case in Mesquite
A great source of evidence to support your case may come from various records related to the incident.
Since your case is likely against the driver who assaulted you, and possibly the rideshare company behind them, we may need records from Uber and Lyft. Their records may indicate how long the defendant had been driving for the rideshare service, when they picked up the plaintiff, and where the plaintiff was dropped off.
If you reported the incident to the police, they may have investigated the driver and written formal reports about their findings. Our lawyers for sexual assault in an Uber or Lyft may be able to review these reports to see if the police uncovered any information we do not have.
Sexual assault can be violent, and you might have gone to the hospital with serious injuries. If so, we may need your medical record to prove how badly you were hurt and how much your treatment cost. Even if you do not feel badly hurt, you should be checked by a doctor anyway.
Who You Can Sue for Sexual Assault in a Lyft or Uber
When talking to an attorney, you need to discuss who should be held responsible for your damages. While the driver should be included in the case, others might be implicated.
First, we should file a case against the driver who assaulted you. Unfortunately, this can be difficult if we do not have their name or they have fled the state. The driver might have provided false information to Uber or Lyft when they signed up as a driver, so we might not even have their real name.
If the driver cannot be identified or found, we may need to rely on the police to investigate and find answers. In the meantime, we can explore other possible defendants.
The rideshare companies Uber and Lyft have gone to great lengths to shield themselves from liability when drivers misbehavior. Legally speaking, drivers are not employees of these companies but rather independent contractors. However, if Uber or Lyft failed to properly vet the driver before allowing them to drive, we might be able to build a case against the company.
Available Damages in a Sexual Assault Case in Mesquite
The damages available in your case may be hard to predict without a thorough investigation. You might claim some economic damages and non-economic damages, and punitive damages could be available, too.
Non-Economic Damages
A sexual assault can be extremely terrifying and traumatic. You might have been caught off guard by the driver’s actions and felt trapped inside the vehicle with them. The trauma, distress, and suffering you endured during the assault and everything you have continued to endure should be compensated.
Economic Damages
Economic damages relate to the financial costs of the accident. These may or may not be very substantial, depending on your circumstances.
You might claim expensive hospital bills if you sought treatment for injuries from the assault. You may also claim the value of personal belongings that might have been damaged when you were attacked.
Sexual assault claims tend to revolve more around psychological, emotional, and physical injuries rather than economic costs, so do not be dismayed if your economic damages are not very high.
Punitive Damages
In rare cases, punitive damages may also be available. These damages are meant to punish defendants for especially shocking behavior.
Under Tex. Civ. Prac. & rem. Code § 41.003(a), punitive damages may be awarded if we can prove by “clear and convincing evidence” that the defendant acted with fraud, malice, or gross negligence.
We might be able to convince a jury that sexual assault is a malicious act, and punitive damages may be on the table.
Get Help From Our Mesquite Lawyers for Sexual Assault in an Uber or Lyft
Receive a free, private case analysis when you call our attorneys for sexual assault in an Uber or Lyft at The Queenan Law Firm at (817) 476-1797.