Rideshare Law Office represents Uber accident victims throughout California. When you use Uber, you trust the driver to keep you safe. But not all drivers do. If you’ve been a victim of sexual battery while on an Uber ride, we’re here to help. Contact us for a free consultation to start the process.
Do You Need Our Lawyers?
The fact that sexual battery is even an issue is unfortunate, but looking in the context of an Uber ride, it’s even more concerning. After all, when you get in an Uber, you expect to be driven to your destination in comfort. But as you might expect, the dynamic of an Uber ride can lead to sexual battery and other accidents that can leave you injured. More to the point, certain demographics are more vulnerable to these incidents:
- Tourists
- Intoxicated passengers
- Those unfamiliar with their surroundings
Whether or not you need a lawyer, though, depends on the circumstances. If the incident was minor, you still have the right to take legal action, but you might be better served by reporting to Uber and having them remedy the situation.
However, if your battery or other injuries are more severe and traumatic (as these incidents often are), our team can step in and help you through the legal process. Here’s how:
- Legal support – Dealing with sexual battery claims involves complex legal procedures. Our experienced team can guide you through every step of the process
- Knowledge – Our lawyers understand how the law works regarding injuries and sexual battery, so we’re well-equipped to handle your case effectively.
- Investigation – We have the resources and skills to investigate thoroughly, gather evidence, and build a strong case for you, crucial for proving the validity of your claims.
- Negotiation and representation – Our skilled negotiators can strive for fair settlements outside of court, but if necessary, we’re prepared to represent you in trial, standing up for your rights and presenting your case convincingly.
- Emotional support – Dealing with sexual battery claims can be emotionally challenging. Our team not only offers legal assistance but also provides emotional support and understanding during this difficult time.
- Protecting your interests – Our priority is safeguarding your rights and making sure you receive a just outcome for the harm you’ve suffered. We’ll fight against any attempts to undermine your case.
Again, what you ultimately need in these types of cases depends on your specific needs. That’s why we take such pride in our approach, making it personalized to your particular circumstances. At the same time, it’s important for you to take a few measures as well.
What You Need to Do After an Uber Sexual Battery Incident
One of the more complicated things about instances of sexual battery during an Uber ride is that it can involve multiple parties, but Uber itself has ways of distancing itself from any liability. However, the reality is that someone must answer for these huge violations of your personal space and body.
But first, it’s important to make sure to do a few things to guarantee your health, safety, and potential claim:
- Get to safety – If you’re still in danger, call 911 or find a safe place immediately.
- Get medical care – Even if you don’t have visible injuries, it’s vital to seek medical care. Medical professionals can address any physical injuries and provide necessary support.
- Contact the police – Report the battery to the police as soon as possible. Provide details of the incident and cooperate with their investigation.
- Preserve any evidence – Try to preserve any evidence related to the battery, such as clothing or belongings. Avoid showering or changing clothes until after speaking with law enforcement.
- Contact Uber – Report the incident to Uber through their app or website. They have protocols in place to handle such situations and may assist with the investigation.
Liability
Uber’s responsibility for sexual battery in California is a major concern due to liability issues. The problem stems from Uber drivers being independent contractors, not employees. This raises doubts about Uber’s accountability for driver misconduct.
In civil sexual battery cases (separate from a criminal case), California law focuses on negligence to determine liability. Thus, Uber can be held responsible for the sexual battery of a passenger if it’s proven that:
- Uber had a duty to take reasonable steps to prevent sexual battery of its passengers by its drivers or others.
- Uber failed to fulfill this duty by not putting adequate measures in place to prevent sexual battery.
- This failure directly led to the victim’s injuries.
- The victim must demonstrate actual damages resulting from the sexual battery.
Obviously, this is a general outline, and your particular case will have its own unique circumstances. However, by showing this negligence and how they led to your injuries, you can file a claim for damages.
Claims Process After an Uber Sexual Battery
Obviously, the trauma and damage that comes from a sexual battery can be severe and long-lasting. But the law is clear: for your injuries and other damages, you can file a claim against those responsible. Generally speaking, you can do this by either:
- An insurance claim or personal injury lawsuit.
Procedurally, both avenues have many similarities. Here’s a quick overview:
- Filing the claim – You do this either through the insurance company or with our help by filing a Complaint in civil court. This officially starts the process. Typically, the insurance company will offer a settlement, and if you decide to accept it, you won’t have to file a lawsuit.
- Investigation – The insurance company will launch their own investigation into what happened by getting statements and evidence. In a lawsuit, this is done via the discovery process, where both sides formally trade evidence, documents, and written answers to questions.
- Mediation – As the investigation or discovery phase winds down, the other side will be negotiating for a settlement. In some lawsuits, the court will require that both sides sit down for a formal mediation where a mediator will attempt to bring a resolution to the case before a trial.
- Trial – If the case doesn’t settle prior to mediation, your case will go to trial. From there, the judge and jury will decide a verdict.
Damages
Again, the goal of the claims process is to recover certain damages from the responsible parties. In a typical claim, this includes:
- Medical expenses
- Property damage
- Pain and suffering
- Emotional distress
- Punitive damages
Statute of Limitations
Unlike most injury claims, sexual battery cases carry both criminal charges and civil liability, giving you and other survivors the opportunity to recover. Before filing a claim, it’s crucial to ensure it falls within the statute of limitations, which has recently been extended by legislative changes:
- If the incident occurred after January 1, 2019, victims have ten years from the date of the incident to file a lawsuit.
- For an incident happening between January 1, 2009, and January 1, 2019, victims benefit from a three-year “lookback” window due to the passage of AB 2777. This extends the deadline to file a lawsuit until December 31, 2026.
Contact Rideshare Law Office Today
Riding with Uber is convenient and eco-friendly, but it means trusting someone else with your safety. If you get hurt in an accident or face a sexual battery, it can be tough to know what to do next. Rideshare Law Office is here for you. We’ll explain your rights and what you need to do to recover. Contact us today for a free consultation about your situation.
