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Ubers are a convenient way to get around Southlake, but some drivers take advantage of being alone with riders and sexually assault them. While criminal charges should be filed against an Uber driver for sexual assault, survivors can also get justice by filing a lawsuit in civil court.
Sexual assault survivors can file a personal injury lawsuit for civil damages when an Uber driver sexually assaults them. Our team can help you prepare and file your claim against the perpetrator. We will determine how long you have to file depending on when your assault happened. Adult survivors have far less time to file, only getting five years to file. Our lawyers will immediately start gathering evidence and draft your complaint so you can get compensation for your damages.
For a private and free review of your case, contact our attorneys for victims of sexual assault in an Uber at The Queenan Law Firm by calling (817) 476-1797.
Time Limit to File a Lawsuit for Sexual Assault in an Uber Southlake, TX
It is difficult to come forward and get help after surviving a sexual assault in an Uber. The rideshare driver might have left you far from your home and stranded without your phone. When you are ready, contact our lawyers for victims of sexual assault in an Uber to file a civil lawsuit against the perpetrator – and potentially Uber – to get compensation for your harm. Our team can determine how long you have to file and collect evidence to support your claim.
Time Limit for Adults
Survivors who were 18 or older at the time the assault was perpetrated only have a few years to prepare a civil case and get it filed. While sexual assault is typically charged as a crime, you do not need to wait until the perpetrator is charged criminally to file a civil lawsuit, nor should you. According to Tex. Civ. Prac. & Rem. Code § 16.0045(b), you must file a lawsuit for personal injuries no later than five years from the date the cause of action accrues, which is generally the day you were assaulted, if the conduct violates certain sections of the Penal Code.
If your assault does not fit one of the criminal definitions, we can still file a personal injury lawsuit for assault and battery, but must do so within two years, as per § 16.003(a).
This is not as much as one might think when preparing a sexual assault claim. Evidence will need to be gathered, including recovering employee records and interviewing witnesses if there was any. We can also investigate who the driver is if you cannot identify them. There could be evidence in the car still, which the assailant will clear away if they have time. The sooner you start your case, the better our chances of gathering the evidence you need to prove your case.
Time Limit for Minors
While a person usually must be 18 or older to make an Uber account, they do have teen accounts. Many teenagers do not drive or own a car, instead using Ubers to get around. While this is convenient for teenagers and parents, the danger is increased since young people will usually be alone with the driver.
Fortunately, state law recognizes that children should have a long enough time to file claims for sexual assault. Underage victims cannot file a lawsuit on their own until they reach adulthood, so the civil statute of limitations does not start to count down until a minor turns 18 years old. If a minor was the survivor of a sexual assault crime listed in the statute above while in an Uber, they have 30 years after the day the sexual assault gave rise to the cause of action, according to § 16.0045(a). Underage survivors whose assault does not meet the code’s definitions will have just two years from the 18th birthday to file a claim under § 16.001.
When Uber Can Be Sued for Their Driver’s Sexual Assault in Southlake, TX
Uber drivers are treated as independent contractors rather than traditional employees, which is a designation that generally prevents the company from being held liable for the driver’s actions. Still, Uber has a responsibility to screen potential drivers before allowing them on the road.
Perhaps Uber failed to do a background check on the driver in your case, in which they would have discovered past misconduct that should have disqualified them. If so, our team can file a claim against Uber for negligent hiring practices. By including Uber in your lawsuit, you can potentially recover compensation above what the individual perpetrator is able to afford.
Potential Damages You Can Recover in a Sexual Assault Lawsuit Against an Uber Driver in Southlake, TX
Sexual assault can cause survivors to suffer a wide range of damages. These damages can be economic, such medical bills and lost income. Survivors often have significant non-economic damages from the psychological and emotional harm done.
Perhaps you sought medical treatment after the assault. You can recover damages for your medical expenses and the emergency care you received. You might have been referred to mental health counselors and others to provide psychological care. Our team can gather your bills and treatment records to show your financial losses from such treatment.
You might also have missed work while dealing with the fallout of the assault. You might have been depressed or ashamed and could not go to work. You can be compensated for the time you needed to heal.
Non-economic damages tend to be high in these cases since they compensate for the emotional harm survivors suffer. Survivors often have emotional trauma, PTSD, and other conditions for years after the assault was perpetrated. You can recover compensation for the time you have lived with the pain and suffering of the incident.
Contact Our Southlake, TX Attorneys for Victims of Sexual Assault in an Uber Today to Get Your Claim Filed and Damages Compensated
Call our attorneys for victims of sexual assault in an Uber at The Queenan Law Firm at (817) 476-1797 for your free case review.