Request A Free Consultation

Who Is Liable in an Uber Sexual Assault Case?

When you request a ride through the Uber app, you rightfully expect to reach your destination safely. Sexual assault by an Uber driver is a devastating violation of this trust that can leave you feeling vulnerable, traumatized, and unsure where to turn. 

Pursuing an Uber sexual assault lawsuit against the driver and, in some cases, Uber itself can help you seek justice and healing. While Uber often tries to distance itself from driver misconduct by classifying drivers as independent contractors, the company may still bear responsibility for failing to properly screen drivers or respond to safety concerns.

Uber’s Legal Responsibilities and Duty of Care

For years, Uber has attempted to distance itself from driver misconduct by classifying drivers as independent contractors. However, the company still bears responsibility for passenger safety.

As a transportation network company, Uber has fundamental obligations to protect its users through proper driver screening, safety monitoring, and incident response. These responsibilities include conducting thorough background checks, implementing safety features in the app, maintaining clear reporting systems, and taking appropriate action when safety concerns arise.

liability in uber sexual assault cases

The Role of Driver Background Checks and In-App Safety Tools

Uber has long prioritized aggressive growth over passenger safety, leading to shortcuts in the company’s security screening process. The company’s background check system lacks crucial safeguards, such as in-person interviews, biometric verification, and cross-references with federal databases. These gaps have allowed people with concerning histories to become Uber drivers, putting passengers at risk.

The company has known about sexual assault incidents dating back to 2014, but despite these risks, it has still failed to implement aggressive safety measures. Uber has actively resisted implementing stricter driver monitoring systems or mandatory recording devices, citing privacy concerns. This decision has likely enabled assaults to take place, affecting vulnerable passengers.

How to Prove Liability in an Uber Sexual Assault Case

If you were sexually assaulted while riding in an Uber, you deserve justice. You have the right to pursue criminal charges against the driver, but also a civil lawsuit. While criminal charges focus on punishing the perpetrator, civil lawsuits provide a path to hold both the driver and Uber accountable for the damages you suffered.

An Uber lawsuit attorney can investigate your case, gather evidence of negligence, handle all communication with Uber’s legal team, and fight for maximum compensation while you focus on healing. To establish liability, your lawyer must demonstrate four critical elements of negligence:

  • Duty of Care: Uber maintains a responsibility to provide reasonably safe transportation services and take appropriate measures to protect passengers from foreseeable harm.
  • Breach of Duty: The company failed to fulfill its obligations through inadequate driver screening, insufficient safety protocols, or improper handling of previous assault reports.
  • Causation: Uber’s negligent actions or inactions directly contributed to creating conditions that enabled the sexual assault to occur.
  • Damages: You experienced physical, emotional, or financial harm as a result of the assault, which may include medical expenses, therapy costs, lost wages, and pain and suffering.

Seek Justice with Estey & Bomberger, LLP on Your Side

If you have experienced sexual assault during an Uber ride, you deserve justice. Estey & Bomberger, LLP Uber sexual assault lawyers help survivors nationwide seek justice after these devastating acts of violence. Our Uber sexual assault lawsuit attorneys provide confidential, trauma-informed guidance while fighting aggressively to hold the responsible parties accountable. Contact us at (800) 260-7197 for a free, confidential consultation with attorneys who will support you every step of the way.