Boulder City Attorney for Uber + Lyft Sexual Assault Victims

Uber and Lyft have riders get into cars with strangers with the hope that these companies properly vetted their drivers and are putting safe people on the roads.  Many drivers have not been properly screened or shared their rider profile with dangerous people, leading to sexual assault cases.

If you or a loved one was sexually assaulted by an Uber or Lyft driver, you may have a case.  Claims directly against the driver are always possible, though Uber or Lyft may also share liability if they failed to properly screen drivers.

For a free case review, call Mitchell Rogers Injury Law’s Uber/Lyft sexual assault victims’ lawyers today at (702) 702-2622.

Can You Sue for Sexual Assault in an Uber/Lyft?

Sexual assault and rape are criminal offenses, but you can also file a civil lawsuit as a survivor.  While the criminal case might focus on punishing the defendant, your civil case focuses on getting you justice.

Damages

In a civil claim for sexual assault, you can claim compensation for

• Economic damages related to the injury, such as medical care and therapy
• Lost wages stemming from injuries or other effects of the assault
• Pain and suffering, emotional distress, mental anguish, and other “non-economic damages.”

Differences from Criminal Cases

This also has a lower evidentiary standard than criminal cases, requiring proof “by a preponderance of the evidence” instead of “beyond a reasonable doubt.”  This gives you a better chance of winning your claim than the prosecution has of convicting on criminal charges.

The conduct also does not have to qualify under any particular criminal statutes.  Civil lawsuits are filed for

• Assault: putting a victim in fear of imminent unwanted or injurious touching
• Battery: unwanted or injurious touching.

While you can file a claim specifically for sexual assault, assault and battery claims do not have to meet these specific conduct standards.  A civil claim for assault also does not require touching, allowing you to sue for what could be called “attempted sexual assault” in the criminal field.

Can You Sue Uber/Lyft?

While you can definitely sue the person who actually assaulted you, whether you can hold Uber or Lyft responsible is a fact-sensitive question and usually requires proof that Uber or Lyft actually made you unsafe.

Employer Liability

When people commit acts of negligence or violence within the scope of their job, their employer can often be held responsible for the worker’s actions.  However, this typically only applies to “employees” and “employers.”

These rideshare companies say their drivers are “independent contractors,” meaning they are not liable for their drivers’ actions.  Even in car accident cases, it is difficult to sue Uber/Lyft directly.

Negligent Hiring

One route to suing Uber/Lyft is holding them responsible for failing to properly screen their drivers or for hiring drivers they should have known would be unsafe.

If Uber or Lyft connects you with a driver who did not undergo proper background checks, that would be the company’s fault.  Similarly, if they knew a driver had a history of assault or sexual assault, but put them into service anyway, that makes the incident their fault.

Negligent Retention

If the rideshare company already knew that one of their drivers had past reports of sexual assault or misconduct, but they kept them in service, then they are responsible for what happens next.

Our sexual assault victims’ lawyers can seek internal Lyft/Uber records and reports to help uncover these past violations that went unpunished and put more riders at risk.

FAQs for Victims of Sexual Assault in an Uber or Lyft in Boulder City

What Counts as “Sexual Assault”?

The crime of “sexual assault” in Nevada is essentially a rape offense.  That means a conviction in criminal court requires evidence of unwanted sexual penetration.

When filing a civil lawsuit, you can sue under this same standard.  Alternatively, you can also sue for assault and/or battery, which simply requires any unwanted or violent touching.  That means you can sue for a much wider range of conduct.

What Has Nevada Done to Stop Sexual Assaults by Rideshare Drivers?

Nevada has not passed legislation or taken widespread steps to fight sexual assault by Uber and Lyft drivers in the state.  In fact, there was an attempted ballot initiative supported by Uber to cap attorneys’ fees at 20% in civil lawsuits.

This proposal was ultimately shut down by the Nevada Supreme Court after an organization of Uber sexual assault survivors challenged the legislation on the grounds that it would make it harder for survivors to find lawyers and recover compensation from Uber and Lyft.

Why Can’t You Always Sue Uber/Lyft Directly?

For a person or company to be liable in a lawsuit, they must have done something themselves to cause the injuries.  In cases of intentional injury – such as sexual assault – there must be something that Uber or Lyft did on its own, like negligent oversight or negligent hiring, that put you in a vulnerable position in the first place.

Because Uber and Lyft drivers are not “employees,” we are limited in holding the company accountable for what the driver did.

How Long Do I Have to File?

You should call a lawyer and seek help as soon as you can after something like this happens, but the law gives you some time to file your case.  If the claim meets the criminal definition of “sexual assault” or “sexual abuse” for a minor, you get more time to file.

• Negligence claims: 2 years
• Assault and battery claims: 2 years
• Sexual assault of an adult: any time
• Sexual abuse of a minor: any time.

Is My Case Confidential?

Our attorney-client privilege prevents us from discussing your case with anyone without your permission.  However, we must present the facts of your case to the court if the case goes to court.

We can seek out private settlements that stop your information from going public, and courts have certain tools they can use to potentially keep a plaintiff’s identity private, especially if you are a minor.  We can give you more details about the specifics of your case as we discuss it with you in a free, confidential case review.

Call Our Sexual Assault Victim’s Lawyers for Uber and Lyft Claims in Boulder City

For a free, confidential case evaluation, call the Uber/Lyft sexual assault victim’s lawyers at Mitchell Rogers Injury Law at (702) 702-2622.