What Are the Legal Bases for a Uber or Lyft Lawsuit?
Partner at KJSR
“If you’ve experienced sexual assault during an Uber or Lyft ride, it’s crucial to know that you have legal options, and you deserve to be heard. While rideshare companies like Uber and Lyft aren’t directly responsible for the actions of their drivers, they can still be held accountable for failing to properly vet or supervise their drivers. It’s important to report the incident to law enforcement immediately, and we can help you navigate the complex legal process of holding the company and the driver accountable. We understand how traumatic this experience can be, and we’re here to provide support and ensure that your rights are fully protected.”
In a rideshare accident lawsuit, several parties may be sued, including Uber, Lyft, or the driver. While rideshare companies are typically not vicariously liable for drivers classified as independent contractors, they may be directly liable for negligent hiring, retention, supervision, or failing to act on safety reports.
Key Factors in Filing a Rideshare Assault Lawsuit
A rideshare sexual assault lawsuit requires the plaintiff to meet several legal criteria under the concept of negligence. This involves four elements:
- Duty of Care – You must show that Uber or Lyft owed you a legal duty to ensure your safety during the ride.
- Breach of Duty – You must prove that the rideshare company breached that duty, such as failing to perform a proper background check on the driver.
- Causation – You must connect the breach to your injury. If it had not been for the rideshare company’s or their driver’s actions, the assault would not have occurred.
- Damages – You must show that you suffered actual harm as a result, including physical and emotional injuries, medical expenses, and time off work.
Evidence is a vital piece of proving fault. Collect documentation from the incident, such as police reports, medical records, and witness statements.
Uber and Lyft may argue that they are not legally liable for assaults committed by their drivers because the drivers are classified as independent contractors rather than employees. Under the legal doctrine of respondeat superior, only employers can be held responsible for their employees’ actions.
A Victim’s Options for Compensation and Legal Action
While a lawsuit can by no means undo the assault that took place, it can offer the victim a sense of justice, financial support, and closure. A successful claim can result in compensation, legal repercussions for the defendant, and public acknowledgment of the wrongdoing.
The primary purpose of a personal injury lawsuit is to award the plaintiff damages to compensate for their losses. Compensation typically falls into three main categories: economic damages, non-economic damages, and punitive damages. We will take a look at each of these below.
Economic damages make up the tangible, objective losses a person experiences from a personal injury, including:
- Past and future medical bills
- Lost wages from time off work or reduced earning capacity
- Property damage
- Out-of-pocket expenses
Non-economic damages are much more subjective and difficult to calculate. A seasoned attorney could argue for compensation for the following:
- Physical pain and suffering
- Emotional and psychological trauma
- Reduced quality of life
- Loss of consortium
Lastly, in cases involving especially egregious behavior, the court may award a victim punitive damages. These are designed to punish the defendant and are rare in most personal injury cases. However, claims involving intentional harm, like a sexual assault, may warrant them.
Depending on the details of your case, a settlement may be a more suitable option than a lawsuit. Choosing to settle outside of court can come with several advantages, including avoiding the drawn-out, emotionally draining, and stressful nature of a trial. In addition, trials can carry the risk of an unfavorable outcome. However, a settlement guarantees some level of financial recovery for medical bills, therapy, lost wages, and pain and suffering.
Deadline To File a Sexual Assault Lawsuit in Connecticut
Deadlines depend on who you’re suing and the legal theory. Civil lawsuits in Connecticut must generally be filed within three years of the incident. However, there are several exceptions to this rule for cases involving sexual assault.
For instance, if the perpetrator has been convicted of first‑degree sexual assault or first‑degree aggravated sexual assault, then there is no statute of limitations for bringing a civil lawsuit based on that crime.
Additionally, a victim who was under 18 when the assault occurred typically has until their 48th birthday to file a civil claim. For assaults occurring on or after October 1, 2019, the law was changed so that victims under age 18 may have until their 51st birthday to file.
Certain circumstances can pause the statute of limitations, such as if the defendant fraudulently conceals the assault, preventing the victim from being unfairly barred from filing. If you are unsure of which statutes and filing deadlines apply to your case, do not hesitate to get in touch with our legal team today.
Seek Justice Today for a Sexual Assault by a Rideshare Driver
Legal actions are a vital part of seeking justice in sexual assault cases. Our team is here to remind survivors of these terrible incidents that they are not alone and that there are resources and lawyers ready to help them through the legal process.
If you or your loved one has been wronged by a rideshare company or one of its drivers, contact our law office today. We can help set up a free consultation to discuss our past results, testimonials, and the details of your case and answer any questions you may have.