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Our attorneys stand up for the rights of sexual assault victims in all contexts, but Uber presents a special situation. While the company may seek to prevent assault and sexual assault in most cases, the times when it fails to do so are the ones that result in the most harm, and our lawyers seek to help survivors file lawsuits and get compensation for what happened to them.
Often, Uber and its drivers can be held liable, especially if the company failed to screen its drivers or it put people in dangerous situations with known offenders. These cases often result in unimaginable harm, and our attorneys seek to redress this by claiming damages for economic and non-economic damages our clients suffered.
For a free, confidential evaluation of your potential case, call our attorneys for victims of sexual assault in an Uber at The Queenan Law Firm by dialing (817) 476-1797.
Suing Uber Drivers Directly for Sexual Assault
When you get into an Uber with a driver, there is nothing that says you have to give up your rights. Just because they are performing a service for you does not give them a legal excuse to do anything beyond what the law normally allows, whether that violation is speeding, driving drunk, or putting their hands on you. Just because you are in their car does not give them any right to touch you, hit you, or sexually assault you.
The law in Texas is robust in its defense of sexual assault victims, giving them the right to sue anyone who caused them unwanted sexual contact or sexual penetration. In any case, this will involve the direct assailant who assaulted you.
These lawsuits are often tricky, given that these assaults tend to happen in private spaces, potentially while the victim is intoxicated. This might mean that it is your word against theirs, but rest assured that there is often substantial evidence we can use in your claim to help prove that you were assaulted, including physical evidence of the assault. We can also force the driver to turn over any security camera footage they might have from the outside or inside of their car, and we can corroborate your claim with data from the Uber app indicating who your driver was and when you were in their car.
Suing Uber for Sexual Assault in San Antonio
In some cases, the lawsuit can extend beyond the driver to the company that put you in danger in the first place: Uber. In many situations, you can sue an employer for something their employee does on the job, but that ability is limited with Uber drivers. You typically cannot sue Uber for a crash their driver caused because they claim the driver is an independent contractor and is essentially self-employed. However, when it comes to sexual assault claims, Uber often shares more fault than they would like to admit.
Drivers are only allowed to work for Uber after rigorous screenings – or at least, that is supposed to be the case. When drivers swap phones/driver login info with other people, give false information, or otherwise try to game the system, Uber might be matching you with someone who has not faced any background checks or scrutiny, which is Uber’s fault. Additionally, if Uber failed to properly screen or check their driver, they are putting you at risk.
Only safe, secure drivers with no history of past assault, sexual assault, or other abuse should be allowed to drive for Uber, and when the company fails in that goal, they should be the ones to literally pay for those mistakes.
Damages Available for Sexual Assault Victims in an Uber
Victims of sexual assault, whether in or out of an Uber, are often entitled to economic and non-economic damages for what happened. This includes any costs or expenses they incurred because of the assault – including expenses that arise down the road – plus any pain and suffering, mental/emotional distress, and other intangible effects of the assault.
Economic Damages
If you needed medical treatment or you were seen at a hospital to undergo an exam with a “rape kit” or other similar exam, that should all be paid for by the responsible parties. Additionally, many victims of rape and sexual assault in an Uber are left with other physical injuries that need treatment, including treatment for any drugs they might have been given.
Down the road, you might need additional mental health care to move forward. PTSD-like symptoms are very common with sexual assault, and survivors often face depression, anxiety, and other effects because of this trauma. These expenses are ultimately related to the initial assault, and our attorneys for victims of sexual assault in an Uber can seek to get them paid for in your case as well.
Similarly, another downstream effect might be that your mental health or physical injuries cause you to miss work. Any lost wages that can ultimately be traced back to the assault are also fair game for compensation.
Non-Economic Damages
Non-economic damages pay you back for the harm of the experience. While no amount of money can ever take away what happened, this compensation can at least pay you back for the physical pain, the mental anguish, the emotional distress, and the other experiences you faced.
Many of the ultimate effects of sexual assault are mental and emotional, and you could face years of suffering from what happened. These effects can include a general lack of enjoyment in life, depression, dark thoughts, drug use, trouble being close to others, and more. Much of this can be considered when determining the overall damages paid for your non-economic damages.
Overall, these damages have various ways our lawyers can calculate them, but we always seek to take into account the full impact of how this assault interrupted your normal life.
Call Our San Antonio Lawyers for Sexual Assault Victims in Ubers
Call The Queenan Law Firm’s attorneys for victims of sexual assault in an Uber today at (817) 476-1797