When riding in a vehicle driven by an Uber or Lyft driver, you should be able to expect a safe ride. Unfortunately, drivers sometimes have sinister motives, and riders might be sexually assaulted. While this may be a criminal matter that you should report to the police, you may also file a civil case for damages.
Sexual assault from a rideshare driver might consist of a number of offensive acts. Sometimes, sexual assault is extreme and violent. It may involve forced sexual penetration, and victims might be badly injured and psychologically scarred. In other cases, victims experience groping, inappropriate touching, or intimidation from their driver. You might be badly injured, and our legal team can help you sue for damages. Even if your case does not involve severe injuries, you may still have a valid legal claim for damages.
Receive a confidential, free case review from our Dallas attorneys for sexual assault victims by calling The Queenan Law Firm at (817) 476-1797.
What Does Sexual Assault by a Rideshare Driver Look Like?
Sexual assault can sometimes feel so violating that victims are unsure of what just happened to them. If you are unsure of whether you have a case, consider what the law says, but take that with a grain of salt.
What makes civil claims for sexual assault rather complex is that people tend to use the term “sexual assault” rather broadly. It might be used to refer to unwanted sexual touching that do not amount to the serious crimes described below. Even if your Uber or Lyft driver did not commit a crime, you may still sue them for damages in civil court.
Otherwise, sexual assault is defined under Tex. Penal Code § 22.011(a). It includes a person intentionally or knowingly sexually penetrating another person’s sex organ, mouth, or anus without that person’s consent. It might also involve forcing someone to penetrate another person sexually.
Aggravated sexual assault is defined under § 22.021(a) and tends to be much more severe. It also involves causing sexual penetration without consent, but tends to involve more severe injuries to the victim.
Can I Sue for Sexual Harassment and Discrimination Committed by Rideshare Drivers?
Not every instance of unwanted sexual touching may meet the criteria for criminal sexual assault charges. Even so, you can sue a rideshare driver if you believe you were sexually assaulted in a somewhat different way.
For example, many victims report that their driver verbally harassed them by making unwanted sexual remarks. Others report their driver reaching over and touching them in an unwanted, sexual way. Still, others find that drivers try to intimidate them into submitting to sexual advances.
You might not be the victim of a full-on assault, but our attorneys for sexual assault victims can still help you sue if your Uber or Lyft driver makes unwanted sexual advances despite your protests. Your attorney should advise you of what kind of damages you may claim and how to prove them.
Varying Definitions of Sexual Asssault
Sexual assault tends to be used broadly to describe a wide range of offenses of a sexual nature. Even if what happened to you does not fit a legal definition of sexual assault exactly, you might still have strong legal claims for damages. The best way to figure things out is to call an experienced lawyer for help.
Many consider any act of unwanted touching of a sexual nature to be sexual assault. This might be something as small as a hand on your thigh or something as severe as forced sexual penetration. This is also why many victims question their own case and are unsure whether they can do anything about it legally.
A good example of a lawsuit for sexual assault that did not involve severe injuries or penetration is the rather famous case involving singer Taylor Swift. Ms. Swift claimed that in 2013, during a meet-and-greet in Denver, Colorado, organized by KYGO radio, a radio DJ reached under her skirt and groped her buttocks during a photo. Swift sued the DJ for battery and assault and won. Although some might consider what happened to Taylor Swift to be a minor offense, she was still able to file a case and ultimately win.
Do I Need to Suffer Bodily Harm to Sue a Rideshare Driver for Sexual Assault?
While sexual assault from a rideshare driver can be violent and lead to severe injuries, this is not always the case. Additionally, you do not have to experience severe injuries to have a valid legal claim.
The driver might have touched you inappropriately or even touched you roughly or violently, but you might not have been injured. Even so, this may be grounds for a lawsuit. If you are in some way injured, even if it involves only the outrage of unwanted or sexual contact with no physical injuries, you can sue.
Even so, lawsuits involving no physical harm can be difficult. You can still classify what happened as assault and battery even without injuries, as unwanted touching still qualifies. Victims have also sued for the intentional infliction of emotional distress (IIED). However this is also a rather difficult claim to make and hard to prove.
What Happens if a Rideshare Drivers Refuses to Let Me Leave?
In many cases, victims of sexual harassment report that their driver locked the car doors and refused to open them until the victim acquiesced to their sexual advances. Even if you agreed to sexual activity, you can sue if that activity was coerced. Coercion does not make for valid consent.
Even if you did not give in to the rideshare driver’s demands, you may still sue them if they refused to let you exit the car. Not only is this potential coercion and force for a sexual assault and battery claim, it might also constitute wrongful imprisonment.
What to Do if You Are Sexually Assaulted or Harassed by a Rideshare Driver
If you believe you have experienced a sexual assault at the hands of a rideshare driver, you should call for help as soon as possible. Your top priority is to get somewhere safe as quickly as you can. Next, call 911 and get the police sent to help you. If you have been injured, you may also need an ambulance.
After speaking with the police about the situation and receiving any necessary medical care, contact a lawyer for assistance. They can help you determine if you have a valid claim for damages in a civil lawsuit and advise you on how to begin.
Contact Our Attorneys for Sexual Assault Victims Immediately
Receive a confidential, free case review from our attorneys for sexual assault victims by calling The Queenan Law Firm at (817) 476-1797.