Anytime you enter an Uber or a Lyft vehicle, you run the risk of potentially being harmed by the driver. The companies do not provide ample safety measures because the drivers operate their own vehicles on their own time, and the businesses try to hold a laissez-faire attitude. However, because you are using the apps to receive services, the companies are therefore responsible for any injuries you suffer, especially if they are at the hands of the drivers themselves. Many people use rideshare services to get home after going out drinking, and such individuals are prime targets for sexual assault. If you are the victim of sexual assault, you should contact the Downtown LA Law Group for more assistance. We can provide you with an attorney who will listen to your case and help you take the necessary legal action against the responsible driver and Uber or Lyft.
Troubles with Ride-sharing Services and Assault
One of the many problems that Uber and Lyft have is handling sexual assault and physical violence. The companies do conduct background checks on their drivers, but unfortunately, many of these background checks only investigate as far back as seven years. This means that anything that happened beforehand is not likely to be known to the employer. As a result, all sorts of unsavory individuals can be hired. Further, Uber and Lyft are generally not made aware of any wrongdoing the drivers commit while under employment; they could realistically get involved in something unrelated to driving and be arraigned, but still allowed to drive due to the lack of knowledge by the company. This means that both the driver and the company can be held responsible. For one, the driver who committed the action can be targeted in a claim, as he was directly involved in the incident. The negligent hiring by Uber or Lyft could also be blamed, however, and also targeted in a lawsuit. Thus, the Uber driver can be charged with sexual assault of the passenger, and the passenger can sue Uber/Lyft for sexual assault. In some instances, an Uber or Lyft passenger sexually assaults a driver, resulting in the reverse lawsuit. This can be deemed an unsafe workplace claim. No matter what, if you were harmed in an Uber or Lyft vehicle, we can help.Find out more about how we can help you. CHAT LIVE with a representative now.
My Uber Driver Sexually Assaulted Me, What Should I Do?
You should take numerous steps if your Uber or Lyft driver sexually assaulted you.- Go to the doctor immediately to be treated for any injuries and to receive a rape kit if you were raped
- Call the police and give them necessary information, such as the driver’s description, his license plate number, the details of the incident, and more
- You should report the sexual assault to Uber, as well
- Screenshot the app to show that you were in the middle of a ride or that you had been in the car with the individual
- Request a copy of your bank statement showing you paid for the ride or were charged
- Take pictures of your injuries and damages
- If any eyewitnesses saw the event happen, try to record their statements or testimonies, or ask for their personal information so you can call upon them at a later date
- Contact a Lyft and Uber passenger sexual assault lawyer in Los Angeles who can handle your claim for you
Legal Information for Sexual Assault
Sexual assault is not a specific tort that can be filed. Instead, you must pursue an assault and battery claim that will target the responsible party. Assault and battery can encompass many actions, such as kidnapping and sexually assaulting the passenger, sexual harassment, rape, sexual abuse, and much more.– Los Angeles Sexual Assault Defense AttorneysThe difference between assault and battery is simple. Assault consists of any action that would warrant you feeling in danger of physical harm; in this way, sexual assault can even be something verbal or non-verbal. Assault does not need to have a physical action accompany it. Battery, on the other hand, requires some type of physical force or action, such as a strike, beating, groping, and more. If an Uber or Lyft driver sexually assaults a passenger, there could be various paths to take. If there were instances of touching and forced actions, you could sue for much more. In many cases, when a Lyft or Uber driver assaults a passenger, the passenger can sue Uber and Lyft for the assault because of the breach of care the company owed.
Uber/Lyft Sexual & Physical Attacks
Sexual assault by rideshare drivers is not uncommon, and sexual assault itself is prevalent all over. You must give consent if you wish to be touched, and without consent, anyone touching you or behaving inappropriately can be targeted for harassment or assault. Examples of sexual and physical attacks include:- Touching
- Groping
- Fondling
- Forced sexual action
- Rape
- Sexual abuse
- Sexual misconduct (revealing)
- Highly suggestive or inappropriate remarks
- Kissing
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In many cases, these actions take place in the Uber or Lyft vehicles. However, there are times when the driver may try to help you to the door of your home. This is most common with victims who have been drinking or who are intoxicated. You should be completely aware that merely because you are intoxicated, it does not give the driver the right to violate your consent, nor does it mean you are in your right mind and can properly give consent in the first place. If you feel that your Uber driver raped you or your Lyft driver assaulted you, you should seek out a Lyft and Uber driver assault and battery lawyer.Restitution from a Sexual Assault Lawsuit against an Uber or Lyft Driver
If an Uber or Lyft driver touched you without your consent, groped you, touched you inappropriately, assaulted you, or raped you, you can take legal action against the individual and the company for damages stemming from the incident. You should not be expected to cover the resulting expenses if you were a victim of sexual assault by an Uber or Lyft driver. A lawsuit filed by an Uber passenger or Lyft passenger for sexual assault can result in the following forms of compensation:- Medical expenses (surgery, hospitalization, physical therapy, medication, and future medical treatments)
- Lost wages from missed days at work from the past and future
- Property damage for any personal items that were lost, broken, or damaged in the incident
- Pain and suffering damages (PTSD, anxiety, fear, depression, mental scarring, psychological trauma)
- Punitive damages (additional amounts of monetary compensation meant to punish the defendant and dissuade him from behaving in a similar manner in the future; however, these damages are often viewed as excessive, so only a skilled lawyer will be able to win them for your case)
Statute of Limitations for a Sexual Assault Claim
If you intend to sue Lyft or sue Uber for sexual assault by a driver, you should be aware of how much time you have to take legal action against the driver or company. In California, you only have 2 years from the date of the injury or incident to file a personal injury claim based on negligence or assault and battery. This two-year limit encourages claims to be swiftly filed and for all relevant evidence to be presented in a timely manner. There are times when this statute of limitations can be put on hold. You may be eligible for an exception if you were underage at the time of the incident, in which case you would be held to the two-year limit when you turn 18 years old. Additionally, the defendant may have left the state or country for a certain period of time, which would cause the statute to be suspended until he returned. If you are unsure how much time you have left to file a claim, reach out to our Los Angeles attorneys for Uber and Lyft sexual assault cases. We’ll help you determine the remaining time on your claim, and if you wish, we’ll ensure that all your documents and necessary files are submitted on time.Learn more about your legal options by chatting with a representative now.
– Uber Lyft sexual assault