Uber Sexual Assault Lawsuit Attorney
In recent years, Uber and other rideshare companies have come under fire for acts of sexual assault and battery taking place in vehicles, perpetrated by either the drivers themselves or fellow passengers. The company has been demanded to be held accountable for its employees’ actions, but it has managed to escape a lot of legal action and such due to the drivers being third-party independent contractors. This, Uber says, excuses the company, as the actions of independent contractors cannot be attributed to the company. As a result, sexual assault and other similar acts occur with little intervention from Uber. At Kenmore Law Firm, our lawyers believe that Uber and other similar services should be held responsible for their employees, even if they are generally listed as independent contractors. Sexual harassment is a serious crime, and even if no charges are pressed, the assailant should still be punished in some way, as well as Uber for allowing the person to drive and providing an unsafe environment for the passenger. Our clients are often distraught in the aftermath of any sexual abuse that occurs in an Uber vehicle and need assistance moving forward with legal actions. They ask us questions like:
- Can I sue Uber for sexual assault?
- Can I sue Uber for a driver raping me?
- Can I sue Uber if another passenger assaulted me?
- Can I file a lawsuit against Uber for someone touching me inappropriately?
- Can I sue Uber for being sexually abused by a driver
- I need to find a Uber assault and battery attorney. Who should I hire?
- I am a victim of sexual abuse or sexual molestation from an Uber driver. Can I file a lawsuit?
Uber and its Practices
Uber is a rideshare service that acts as an alternative to regular modes of transportation, such as taxi cabs and public transit. The company provides passengers with nearby drivers who will drive them to their locations – the perk of using the app, of course, is that it is more often than not much cheaper than standard taxi services. Further, taxicab companies have not all entered the smartphone age, and many still require physically calling a cab; this minor inconvenience is erased by Uber, as all it takes to hail a ride is a few screen taps and a typed address. From there, the app takes care of the rest.
Historically, it has been easy to become an Uber driver, especially given that the company does not perform extremely thorough background checks. Their background checks go back only 7 years and are not performed by a top-of-the-line company. As a result, some people can slip through the cracks and become employed when they should not be. These people include sexual molesters, rapists, felons with a history of aggravated assault, and more. After these drivers committed acts of sexual violence, Uber denied liability. Our Uber sexual assault lawyers believe victims of rape and sexual assault should get the justice they deserve by suing the responsible parties.
Sexual Assault by a Driver or Passenger
There have been instances of many types of sexual violence occurring in Uber vehicles. Victims have reported sexual assault, sexual molestation, sexual abuse, inappropriate touching, lewd remarks, and groping. Some have been harassed or raped by their drivers or even by a fellow Uber passenger in the car. More often than not, these crimes were committed on people who were intoxicated or inebriated in some way and unable to properly defend themselves or carry themselves in an intelligent manner. Because of how common it has become to hail an Uber car after a night of partying, passengers have become easy targets for those aiming to sexually assault someone.
There have been cases where Uber drivers have escorted riders inside their homes, only to rape them once inside. Similarly, some fellow passengers have doubled back to where they know the passengers are staying, only to forcibly enter and assault them. Unfortunately, there is almost no way to wholly prevent these crimes from happening outside of being able to adequately defend yourself, and these drivers and other perpetrators more often than not escape punishment due to Uber’s hands-off business model.
Sexual assault can lead to many injuries. Physically, you may be roughed up, beaten, suffer broken bones and fractures, have lacerations and cuts, and more. However, the physical effects are not nearly as debilitating as the mental effects: a rape victim may experience post-traumatic stress disorder, anxiety, fear, emotional problems, psychological issues, lack of trust, and emotional scarring. Psychosis and nervous breakdowns may occur in the wake of such traumatic experiences, and treatment for them is not as simple as undergoing surgery or ingesting antibiotics.
Your Options
Uber’s attempts to deflect responsibility did not go exactly as planned, as many courts have decided to uphold defendant’s claims that Uber was negligent in its hiring duties. This negligence is the basis of personal injury claims – Uber owed its passengers a care of duty by providing a safe environment and a safe driver, and it breached that duty by hiring a driver who may act in a predator manner. If a driver assaulted a passenger and caused her harm, then the four necessary points of a personal injury claim would have been fulfilled.
You have the ability to file a personal injury claim against both Uber and the responsible driver. Often, in the wake of receiving news that one of its drivers has committed an act of sexual violence, Uber will claim that it has disallowed the person from driving any longer. That has shown to not always be the case. As a result, there can be even more grounds for negligence, and Uber can pay a hefty sum.
Your claim against Uber can be based on gross negligence in its hiring process, or you can elect to join a class-action lawsuit if one is available. Your lawsuit against the driver will be a normal personal injury lawsuit citing pain and suffering, economic damages, lost wages, and punitive damages. Either way, you need an attorney for Uber passenger sexual assault case.
The reason many of our clients choose to pursue civil claims (personal injury lawsuits) instead of criminal claims is the burden of proof. Criminal cases require plaintiffs to prove without a reasonable doubt that the alleged perpetrator committed the crime; this requires a lot of evidence to be gathered, as well as a lot of time spent in court. In civil cases, the burden of proof is much lower, and they do not carry the same punishments that criminal cases do. For instance, criminal cases can end in jail time for the defendant, which is not an option in civil cases. Punitive damages, which are issued to further punish a defendant on a monetary level, are often handed out instead of jail time. However, a defendant may not have enough money to cover punitive damages; for this reason, it is smart to pursue a claim against Uber, as you have a better chance of being fully and adequately compensated for the injuries you suffered during the entire sexual assault ordeal.
You will be able to collect compensation for economic damages, which includes medical costs, lost wages, lost or damaged property, and any other damages that can be measured with a dollar amount; non-economic damages, which applies to pain and suffering, emotional distress, and psychological problems stemming from the incident; and punitive damages, which are meant to further punish the responsible party for the actions committed.
Some cases have been settled for hundreds of thousands of dollars, and our attorneys at Kenmore Law Group promise to bring you the fairest settlement that you deserve.
We Fight for You
What sets us apart at Kenmore Law Group is our dedication to our clients. We are committed to making sure you are safe and healthy if you are involved in any accident or the victim of an act of violence: our priority is your wellbeing, and that will not change.
Kenmore Law Group is also here to help you earn your fair compensation from Uber in a case involving sexual assault and battery by the driver. We believe that all companies should be held responsible for the actions of their employees in some form or another, and Uber is no exception – if a company willingly hires people who have a propensity to commit acts of violence, both the perpetrator and the company should be held liable and be made to cover damages to victims. An Uber sexual assault lawyer will do his best to bring you the justice you deserve.
Our law firm offers all clients totally free legal consultations on their cases. We will sit down with you and discuss your case, the circumstances surrounding the event, and what we expect to earn for you. Further, you will not have to spend needless time, energy, or money on legal representation – all of our cases are taken on with a zero fee guarantee, meaning that we do not ask you to pay for anything out of pocket. You should focus on recovery and not add more stress to your life. Our fees are only paid for when we win your case, and the money comes from the settlement we win for you. Our priority is that you suffer no more than you need to, whether it be on a physical, emotional, or monetary level.
For more information on filing a lawsuit to sue Uber for sexual assault by its drivers, get in touch with Kenmore Law Group today. We will connect you with a sexual assault lawsuit attorney to help with your claim.