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Sexual Assault in an Uber or Lyft: Understand Your Rights
Rideshare apps like Uber and Lyft are meant to offer convenience for riders – but unfortunately, under some conditions these apps can create opportunities for harm. Both companies claim to take passenger safety seriously when it comes to preventing rideshare assaults by highlighting measures such as background checks on drivers and in-app emergency features, yet gaps in safety procedures persist and serious safety concerns remain.
Uber’s own published safety reports have highlighted serious concerns about passenger safety, including incidents of sexual assault. These reports, along with numerous lawsuits filed in recent years, indicate that rideshare companies may face challenges in fully protecting riders. If you’ve been the victim of a sexual assault while using a rideshare app, you may have legal options for seeking compensation, depending on the specific facts of your case.
Montlick represents survivors of rideshare-related sexual assault throughout Georgia. We are committed to advocating for the rights of sexual assault survivors. We recognize the strength it takes to speak up after experiencing something as painful as an assault. You are not alone in this journey. Our rideshare assault attorneys are here to listen with compassion, support your healing, and stand by you every step of the way as we pursue justice against those responsible, including all parties whose negligence may have contributed to the assault.
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What Is Considered Sexual Assault?
Sexual assault is any unwanted sexual contact where consent was not given. Consent must be freely given, informed, and mutual. Therefore, a person cannot grant consent if they are:
- Under the legal age of consent (varies by state, it is 16 in Georgia)
- Unconscious, asleep, or otherwise unaware of what is happening
- Intoxicated or under the influence of drugs or alcohol
- Mentally incapacitated or unable to understand the situation
- Pressured, threatened, or coerced in any way
Sexual assault is a traumatic violation that no one should ever have to endure. It is both a crime and a civil wrong, allowing survivors to seek justice through the criminal system while also pursuing compensation and accountability in a civil claim.
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At Montlick, compassion is at the heart of everything we do. We understand how overwhelming life feels after an assault, and our experienced attorneys are here to protect your rights and help you recover fully.
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Since 1984, Montlick has been a staunch advocate for injured victims, recovering billions in compensation and providing the care and dedication they deserve.
Common Causes of Rideshare Sexual Assault
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Incidents of sexual assaults during rideshares have impacted many passengers and can occur for a variety of reasons. Riders have little control once inside a vehicle. Single riders are isolated and vulnerable. Oversights or gaps in background screenings and safety protocols, as reported in some lawsuits and public investigations, can contribute to unsafe situations during rideshare trips. A lack of effective oversight or monitoring, as alleged in some lawsuits involving rideshare platforms, can increase risks for passengers.
Rideshare sexual assaults can potentially impact drivers as well. Drivers may face additional vulnerable situations and unique risks, such as lacking the ability to screen passengers, which can leave them vulnerable to acts of assault.
What Kind of Evidence of Assault is Required?
Physical evidence is not required to pursue a civil case and many survivors move forward based on their detailed account of what happened. However, having supporting documentation can further strengthen your case and help establish liability.
Examples of supporting evidence may include:
- Medical records or evidence of injuries
- Police reports or witness statements (for instance, individuals who saw you enter or exit the rideshare vehicle)
- 911 call, text messages, or communications made soon after the assault
- Data from the rideshare app, such as trip details, GPS routes, driver identity, and communications with the rideshare company (such as complaints, emails, or in-app messages)
To pursue a rideshare sexual assault claim, it must be shown that the assault occurred in connection with using the rideshare platform, establishing that the company had a duty of care toward you as a passenger. For example, if:
- The attacker was the assigned driver, or someone impersonating a driver through the app
- The ride was arranged through the app, with trip records, GPS data, or receipts to confirm it
- The assault occurred during, immediately before, or shortly after the rideshare trip
What is the Legal Basis for Holding the Rideshare Company Liable?
When a sexual assault occurs in connection with a rideshare trip, there may be several legal grounds for holding the driver, the rideshare company, or both accountable. These may include potential failures in hiring or supervision, or gaps in safety or security measures, depending on what the evidence shows in your case. Our attorneys carefully examine each potential avenue to determine how the company’s actions – or inaction – contributed to your harm.
What to Do After a Rideshare Assault (If You Can)
- Get to a safe location
- Seek medical care; you may choose to have a SANE exam (a voluntary exam by a specially trained nurse to check for injuries and, if you want, collect evidence)
- Preserve clothing or physical evidence
- Save receipts and screenshots from the rideshare app
- Avoid deleting messages from the driver
- Some survivors choose to make a police report, which can help document what happened, but reporting is completely voluntary
- Consider speaking with an attorney before giving statements to Uber, Lyft, or insurance
How Our Attorneys Will Pursue Your Rideshare Assault Case
At Montlick, we believe that rideshare companies should take reasonable steps to help keep passengers safe. When that responsibility is not met, survivors deserve compassion, justice, and the full support of a legal team that will fight to hold negligent parties accountable.
Here is what you can expect when you contact us:
- You will speak directly with an attorney who will listen with care, answer your questions, and advise you on your legal options.
- We conduct a thorough investigation into what happened, which may include gathering rideshare data, subpoenaing driver records or call logs, and collecting witness statements.
- We identify and document the full extent of your damages, including physical injuries, emotional trauma, lost income, and pain and suffering.
- We handle every part of the legal process, from paperwork and deadlines to negotiations with Uber, Lyft, and their insurance companies, so you can focus on healing.
- We work on a contingency fee basis, which means you owe us nothing unless we win your case.
Your Questions Answered
Rideshare Assault FAQs
In Georgia, survivors of sexual assault have important rights to privacy and dignity throughout their legal journey. At Montlick, we respect your right to have your personal information protected whenever possible, from limiting public access to sensitive court records to advocating for confidentiality throughout the process. If you need additional privacy measures, our team can help you understand your options and ensure your case is handled with the utmost care and confidentiality, so you feel supported and empowered every step of the way.
Most personal injury cases do not end up in a trial. However, our attorneys are always prepared to take a case to court if that is in the best interests of our client. We will work with you to help you decide the best course of action for your case.
If you’re able, try to get to a safe location and seek medical care. You may choose to have a SANE exam, which is a voluntary exam by a specially trained nurse who can check for injuries and, if you wish, collect evidence. Preserve any clothing or items that may be important, and save screenshots or messages from the rideshare app. Some survivors choose to make a police report, which can help document what happened, but reporting to law enforcement is completely voluntary. You can also report the incident through the rideshare app if you choose. Consider speaking with an attorney before giving statements to the rideshare company or insurance.
The criminal prosecution of the offender in a sexual assault case focuses on holding the offender responsible. Criminal proceedings can result in jail time, fines and restitution, but they do not typically result in compensation for personal losses like medical expenses or time away from work.
A civil case serves a different purpose. A personal injury attorney helps you pursue potential financial compensation for the harm caused by the assault, including medical expenses, lost wages, emotional distress, and pain and suffering. Our attorneys will evaluate every potential source of compensation, including the rideshare company, the offender or others who may share responsibility.
No. While in the past, both Uber and Lyft required arbitration to resolve assault claims, survivors may now choose to pursue their claim through mediation, arbitration, or in a court of law.
If your assault occurred in Georgia, your case will generally be governed by Georgia civil law. Most sexual assault-related injury claims must be filed within two years of the incident, though exceptions may apply, especially for minors or cases involving delayed discovery. An attorney can help you understand which rules apply to your situation.