At Rideshare Law Office, we represent Uber accident victims throughout California. When you use Uber, you trust the driver to keep you safe, but not all drivers do. Sexual assaults are an ongoing concern for Uber passengers, so much so that there’s currently multidistrict litigation (MDL) against the company. If you’d like to learn more about your options, contact us today for a free consultation.
Should You Hire Our Lawyers?
Sexual assault during an Uber ride is a serious concern, as is obvious by the number of lawsuits that have been filed against Uber drivers in recent years. Not surprisingly, the nature of the business–being picked up by a driver in their own vehicle–can often lead to instances of sexual assault. This is particularly true when the rider is in an unfamiliar area or has been drinking.
That said, whether you need a lawyer depends on your situation. Unfortunately, sexual assault should never be taken lightly. As such, if you’ve been sexually assaulted or abused by your Uber driver, you should not only get in touch with our lawyers, but think about joining the class action.
If you decide you want to go through the legal process, we personalize our approach to meet your specific needs. But it’s important to understand how a class action works and what you can get out of it.
Can You Join the Uber Class Action Lawsuit?
As a company, Uber has policies and procedures in place to address any instances of sexual assault or abuse. At the same time, the company itself can’t really do anything once you’re in the back of an Uber driver’s car.
Then, there’s the fact that “sexual assault” can cover a wide range of potential acts. Most of the time, a sexual assault in an Uber is going to result in things like:
- Unwanted touching or groping
- Sexual propositions or advances
- Coerced sexual acts
- Indecent exposure
- Taking advantage of intoxication
Basically, if you’ve experienced any type of sexual assault or abuse during an Uber ride, you can not just file a personal injury lawsuit in California, but you can also join the MDL. The MDL is simply a consolidated group of similar cases of sexual abuse or assault during an Uber ride.
What Should You Do After Being Sexually Assaulted in an Uber?
Obviously, you never want to be in a situation where you’re sexually assaulted. Unfortunately, the nature of being a passenger in an Uber can put you in a position where this might happen. It’s extremely hard to think about, but it’s vital to be prepared and know what to do if it does happen:
- Call the police and report the accident to Uber – Immediately report the incident to the police and Uber. Contacting law enforcement ensures that a formal investigation can begin, and Uber should be informed so they can take appropriate action, such as suspending the driver pending investigation.
- Seek medical care – It’s important to seek medical attention as soon as possible, even if you don’t have visible injuries. A medical examination can document any physical evidence of the assault and ensure you receive necessary care and support.
- Document what happened – Record details of the incident as soon as you can. Write down what happened, including the date, time, location, and any relevant details about the perpetrator. Keep any communications or receipts related to the ride.
In California, law enforcement and Uber are mandated to respond to reports of sexual abuse seriously and promptly. By taking quick action by reporting and documenting the incident, you not only allow yourself to seek justice, but alert Uber to the issue and hopefully prevent future incidents of sexual assault.
What’s the Legal Process Like in the Uber Class Action Lawsuit?
You probably realize that every case is unique, but when there’s things like sexual assault in an Uber to the point that it becomes more efficient to consolidate them, it plays out fairly similarly. Legally speaking, it starts like any other claim: figuring out who’s liable.
In cases of an Uber sexual assault, the Uber driver or passenger that sexually assaulted you is going to carry the civil liability for your injuries and damages because they’re the one that injured you.
Still, Uber itself can share liability if their actions–or inactions–contributed in some way. Usually, this happens if Uber:
- Failed to properly screen drivers
- Ignored complaints made about the driver
- Didn’t provide a sufficient explanation to you as a passenger
With that established, though, you can start thinking about the class action lawsuit itself. Obviously, given the nature of class actions, they play out a bit differently. Basically, it includes the following steps:
- A number of plaintiffs seek court approval for a group (class) sharing common legal issues and claims
- Then, there’s notification to potential members about their participation rights.
- One or two plaintiffs act as representatives for the entire class, managing evidence and decisions.
- Both sides gather evidence through requests and interviews during discovery. The litigation phase allows for motions like dismissal or changes to the class.
- Settlement decisions rest with the class representatives; if no agreement is reached, the case proceeds to trial.
Obviously, many of these steps have already been met with the Uber sexual assault MDL. So, if you want to join it or simply file your own lawsuit, you have to understand what you can achieve through the process.
What Can You Get By Filing a Sexual Assault Claim Against an Uber Driver?
You never want to be in a situation where you’re sexually assaulted. However, if you are, you have certain legal rights and protections. Your main protection, aside from criminal penalties for the person that assaults you, is the ability to file an injury claim to recover “damages.”
In a class action, you and the class can generally recover things like:
- Medical expenses – These are the costs for treating injuries caused by the assault. It includes hospital bills, medications, therapy, and any ongoing medical needs.
- Property damage – This is for replacing or fixing personal belongings damaged or lost during the assault. It could include things like clothes, personal items, or damage to a car or other property.
- Pain and suffering – This relates to the physical pain and mental anguish caused by the assault. It covers both immediate pain and any long-term suffering from the incident.
- Emotional distress – Similarly, these damages are about the emotional impact of the assault on the survivor. It includes feelings of fear, anxiety, sadness, trauma, and any other emotional effects from the assault.
- Punitive damages – In severe cases of sexual assault, these damages are meant to punish the perpetrator and discourage similar behavior in the future. They are not just to give further financial support to the survivor but to hold the defendant accountable for what they did.
One critical consideration before initiating a claim is ensuring it falls within the statute of limitations, which dictates the timeframe within which legal action must be taken. Recent legislative changes have extended these limits to better accommodate survivors of sexual assault:
- Incidents after January 1, 2019 – Survivors can file a lawsuit within ten years from the incident date, allowing more time to seek justice and financial support.
- Incidents between January 1, 2009, and January 1, 2019 – Victims have until December 31, 2026, to file a lawsuit, thanks to AB 2777, which gives them extra time to pursue legal action.
Remember, you have these options whether you decide to file your own lawsuit or join the class action. It’s extremely challenging to face sexual assault or misconduct, but with our team on your side, you can rest assured you’ll have the support you need.
Free Consultations For Uber Sexual Assault Survivors
Being sexually assaulted or abused in an Uber can leave you facing lifelong damage and trauma. Rideshare Law Office understands the profound impact of these incidents on not just you, but thousands of others. We’re ready to support you through the existing class action lawsuit, giving you the chance to seek accountability from Uber and anyone that sexually assaulted you.
To learn more about your options, contact us today for a free consultation.
