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Sexual assault may happen at any time and in almost any place. While we often think of sexual assault as something that happens in a dark alley or behind closed doors, it may also happen when you least expect it. People are sometimes sexually assaulted by Uber drivers, and getting justice can feel humiliating. Our attorney will help you hold the assailant responsible.
While you should contact the police and report the assault, you may also take civil action against the assault. However, you have a limited time in which to file your case, and this time may vary based on whether you were a minor or an adult when the assault occurred. If you take civil action, we can work to hold the assailant – usually the Uber driver – responsible. Holding Uber responsible might be more challenging, but not impossible. If you are sexually assaulted in an Uber, try to get to safety immediately before calling for help. When ready, you can call a lawyer about starting a civil case for financial compensation.
Receive a confidential, free case assessment from our attorneys for victims of sexual assault in an Uber by calling The Queenan Law Firm at (817) 476-1797.
When to Speak to a Lawyer About Filing a Civil Case for Sexual Abuse in an Uber in Lubbock
It is rarely easy to seek help after a sexual assault under any circumstances. If you were sexually assaulted in an Uber, you might have been left somewhere far from home. Perhaps the assailant stole your phone, so you could not call for help. You might be alone, stranded, and in need of medical attention. Whatever happens, find a way to call the police and get emergency help right away. Once you have spoken to the authorities and received medical, contact a lawyer about initiating legal action. Remember, you only have so much time to file your case.
Plaintiffs Assaulted as Adults
If you were at least 18 or older when you were assaulted in an Uber in Lubbock, you only have a few years to hire a lawyer and prepare your case. The statute of limitations for civil claims of sexual assault or abuse is found under Tex. Civ. Prac. & Rem. Code § 16.0045(b). Under this law, plaintiffs who wish to file claims for sexual assault must do so no later than 5 years after the assault.
While this might sound like more than enough time, a lot is going on with almost any assault case, and your time is shorter than you might realize. First, it could take a long time to find the evidence you need. The assailant might have sped off to somewhere unknown, making it hard to find them. When our lawyers for victims of sexual assault in an Uber finally track them down, the evidence in their vehicle might be long gone. Finding proof of your claims may be very challenging, and we need all the time we can get to prepare.
Plaintiffs Assaulted as Children
The law gives people who were assaulted as children a much longer time to file their claims. Children typically cannot file legal action on their own, so the statute of limitations normally does not even begin to run until the plaintiff turns 18. According to § 16.0045(a), plaintiffs who were sexually assaulted as minors have 30 years from the date the cause of action accrues to file civil claims. Again, for minors, the cause of action accrues the day they turn 18.
Many teenagers and young people use Uber to get around because they might not have a driver’s license or a car of their own. While Uber can be very convenient for teens, it can also be dangerous. Passengers may be very vulnerable if a driver assaults them, and teens are especially vulnerable.
Who May Be Held Responsible for Sexual Assault in an Uber
Determining who should be held legally responsible for the assault is not always easy. While the assailant should be swiftly identified and brought to justice, others might be implicated in the case and may bear some responsibility. Namely, you might have a case against Uber in addition to the Uber driver who assaulted you.
The Uber Driver
If an Uber driver sexually assaulted you, the police may investigate and work to find them, arrest them, and bring them into custody. However, this might take time and effort, depending on the circumstances. In many cases, Uber drivers are able to immediately speed away from the scene since they have a car, and finding them might be hard. Try to take note of the vehicle, license plate, and the driver. Any information about the driver or their car may be used to track them down, making it easier for us to take fast legal action against them.
Suing Uber
Generally, Uber may not be held vicariously liable for injuries caused by drivers because drivers are technically not employees of Uber. They are independent contractors, and Uber may not be responsible for criminal actions by drivers. However, Uber may be held responsible if special conditions exist.
One possibility is that we can sue Uber for negligent hiring. If the Uber driver has a criminal history of assaulting minors, the company Uber may be deemed negligent for employing them in a position where they may pick up underage teens for rides. This may come into play if your teenage child is assaulted. Uber must be careful about who they allow to be Uber drivers. If they are negligent in who they hire, they may be held liable.
Uber might instead be held liable for negligent retention. Perhaps the Uber driver did not have a history of assault or anything else that would cause Uber to refuse to allow them to drive. However, if the driver assaulted someone else previously while working as an Uber driver, and Uber chose to ignore the matter and not fire them, we might have a case.
Talk to Our Lubbock Lawyers for Victims of Sexual Assault in an Uber Right Away
Receive a confidential, free case assessment from our attorneys for victims of sexual assault in an Uber by calling The Queenan Law Firm at (817) 476-1797.