California Uber Sexual Assault Lawsuit
Uber is well known for providing on-demand rides to people who need quick transportation. However, some passengers find themselves unsuspecting victims of Uber sexual assault. A sexual assault experience can haunt victims for years, resulting in emotional suffering that’s difficult to overcome. Filing a California Uber sexual assault lawsuit can help you recover and obtain compensation for your losses. Helping Survivors can connect you with qualified legal experts in California to help you with your case.
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You expect a safe ride to your destination when you call an Uber in California. However, hundreds of people fall victim to Uber sexual assault every year. Too often, predators use the access provided by the rideshare service to prey on victims. Such assaults can leave victims with lasting trauma, even if the physical consequences fade.
If you find yourself sexually assaulted during an Uber ride, you can file a lawsuit. In addition to the perpetrator, the rideshare giant may be liable for enabling the assault. To succeed, you’ll need to prove you sustained harm during the ride and that Uber did not uphold its duty of care to you.
While pursuing a sexual assault lawsuit may feel uncomfortable, it may compensate you for your losses and encourage Uber to implement more robust safety mechanisms to protect others from this trauma. Helping Survivors can connect you with a qualified attorney to help you with your California Uber sexual assault lawsuit.
What Is Uber Sexual Assault?
Sexual assault includes any unwanted or unwelcome contact with another individual. It can include kissing, fondling, attempted rape, and rape. Unfortunately, sexual assault occurs in rideshare vehicles like an Uber.
While rideshares are generally safe, there have been many reports of Uber sexual assault. Drivers may commit sexual assault against their clients or vice versa. Uber sexual assault is more likely to occur in certain situations, such as when a passenger is under the influence of drugs or alcohol. Riding alone or during the late-night hours may also increase the chances of Uber sexual assault.
According to Uber’s most recent safety report, it had 998 sexual assaults in 2020. Of those sexual assaults, 141 were rapes.
Taking precautions before an Uber ride, such as notifying others of your trip and where you’re going, can help minimize your risks of becoming a victim. If you’re intoxicated and need an Uber, consider sharing your ride with a friend.
Remember, if you experience Uber sexual assault, you can pursue legal action against Uber and the perpetrator.
Did you experience sexual assault in an Uber or Lyft?
We can help get you the legal assistance you deserve.
Is Uber Liable in a Sexual Assault Lawsuit?
Uber provides its clientele with transportation, so it must ensure a reasonably safe environment. Uber has a legal duty to prevent sexual assault in its rides. The company should be held responsible when its rides cease to be safe.
In some cases, Uber can be held liable for sexual assault committed by one of its drivers. Prior victims of Uber sued the company for various reasons, including:
Not Vetting Drivers
The duty to provide rideshare passengers with a reasonably safe environment includes hiring drivers who don’t pose potential risks to customers. Uber and other rideshare companies must properly vet their drivers. If a driver has a prior criminal history of sexual assault or similar charges, they shouldn’t be transporting people in their vehicles.
Prior Uber sexual assault cases allege the company used inexpensive background services to vet drivers. The background checks proved ineffective and allowed 25 drivers to become Uber contractors despite having a criminal record.
Deceptive Marketing
Another potential claim a victim can have against Uber is deceptive marketing. Uber advertises itself as the safe alternative to driving when intoxicated. It also hails itself as a company focused on passenger safety. However, victims of Uber may feel otherwise.
Poor Monitoring and Oversight of Drivers
Some victims sue Uber because of poor monitoring of its drivers and trips. For instance, one passenger who was sexually assaulted claims the driver stopped the car midway through the journey. The lawsuit alleges Uber should have noticed something was awry with the trip and taken action.
Failing to Report Incidents to Police
One report based on interviews with over 20 Uber investigators in Arizona found that those who receive ride complaints aren’t allowed to notify law enforcement, even when the report alleges a felony. Similarly, Uber prohibits its investigators from telling victims to seek legal assistance. Investigators are instructed to put the company’s interests first.
How Uber Can Improve
In recent years, Uber has stepped up its safety initiatives. Users can choose to audio record their trips through the app. They can also connect to safety agents directly if they feel uncomfortable during their ride. Other features include a trusted contacts list, which allows passengers to share their trip data with family members or friends.
While Uber’s safety is improving, there are other things the company could do. It could make audio requirements mandatory for all trips and include video recording. Requiring regularly updated background checks could alert Uber to changes in its drivers’ criminal records. Meanwhile, monitoring trips for anomalies, such as unexpected lengthy stops, could catch instances of sexual assault.
Uber Sexual Assault in California
Under California Civil Code § 1714, people and companies owe others a reasonable standard of care. They may be liable if they fail to provide appropriate care, causing harm or injury. Multiple cases involving Uber sexual assault use the statute as a basis for liability and demonstrate that the company’s actions amounted to subpar care.
One landmark case against Uber was filed by the California Public Utilities Commission. The agency was the first in the U.S. to legalize ridesharing. However, officials became concerned when they realized customers were reporting sexual assault incidents to Uber, but the company was handling them internally rather than reporting them to law enforcement.
The CPUC attempted to negotiate with Uber to report sexual assaults to the police. The company declined, and CPUC ordered Uber to provide detailed information about sexual assaults during rides. In particular, it asked for the names of the people involved and any witnesses. Uber didn’t provide the information, so the CPUC fined the company $59 million.
Uber eventually settled the CPUC case for $9 million. The settlement requires Uber to provide information on sexual assaults that occur during rides directly to the CPUC in the future. However, Uber can shield victims’ identities unless the individuals opt-in to share additional information.
Ultimately, the responsibility to report a sexual assault to law enforcement rests with the victim. If the victim chooses not to report the assault, no one can force them to do so. However, Uber should explicitly tell victims that it does not report incidents to the police and assist them if they take legal action.
California Uber Sexual Assault Lawsuit
If you’re the victim of a California Uber sexual assault, you may be unsure of what to do. It’s important to realize that you’re not at fault for the incident. Sexual assault is a severe crime that can happen to anyone, regardless of gender, age, ethnicity, or sexual orientation.
Even if you don’t know whether you want to take legal action, speak with an attorney to determine your options. A qualified California lawyer with experience handling Uber sexual assault cases can assist you.
What Evidence Do I Need for a Lawsuit Against Uber in California?
California’s Civil Code § 1714 assigns general liability to people or entities that fail to exercise reasonable care that results in injury to another person. It’s possible to bring a sexual assault case against Uber under this law.
To be successful, you must demonstrate that Uber violated its duty to care for you as its customer. If Uber didn’t take the appropriate actions to ensure it provided you with a safe driver, it may be liable in your case.
Some elements that can help you prove your case include:
- The driver has a criminal background with prior sexual assault charges
- A reasonable person could foresee the driver harming future passengers
- Uber knew of the danger
- The driver hurt the passenger
- Uber’s hiring practices were vital to the passenger’s injuries
Uber drivers have also been victims of sexual assault by their passengers. If a driver decides to sue Uber for their injuries, they must prove the company knew of the potential hazard and didn’t take the proper steps to protect them. They can take action under the same statute.
Did you experience sexual assault in an Uber or Lyft?
We can help get you the legal assistance you deserve.
What Are the Potential Damages of an Uber Sexual Assault Lawsuit in California?
If you win a case against Uber for sexual assault, you may be able to collect damages. Your compensation will vary according to the extent of your injuries and Uber’s negligence.
Potential damages you can collect include:
- Reimbursement for past and future medical expenses associated with the case
- Lost wages for time spent away from work
- Psychological counseling for trauma
- Pain and suffering
- Emotional distress
Some victims may pursue punitive damages if the defendant’s actions were egregious.
There are multiple California sexual assault cases ongoing against Uber. In one, over 500 women are suing the company for their sexual assault experiences. While the case is still pending, the victims’ damages may reach millions if the court finds in their favor.
Hiring a California Uber Sexual Assault Attorney
Victims of Uber sexual assault have legal rights. They don’t need to suffer their pain in silence. Pursuing a lawsuit against Uber and the perpetrator can provide victims closure and financial compensation to help them through a traumatic experience.
If you’re considering a California Uber sexual assault lawsuit, contact Helping Survivors. Our team can connect you with an experienced lawyer who will work with you to build a strong case to bring the perpetrator and Uber to justice.
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Understand your legal rights and options as a survivor of sexual assault and abuse.