Rideshare services like Uber and Lyft are supposed to provide safe, convenient transportation. But reports of passengers being sexually assaulted, physically attacked, and harassed by drivers continue to make headlines. If you were assaulted during a rideshare trip, you have legal options that go beyond just filing a police report. You may be able to hold both the driver and the rideshare company financially responsible.
Contact Counsel Hound for a free, confidential case evaluation if you were assaulted during an Uber or Lyft ride. There are no fees unless you win.
This guide covers the types of assault claims against rideshare companies, why Uber and Lyft may be liable for their drivers’ actions, what compensation you can pursue, and the steps to take to protect your rights.
The Scale of the Problem
Assault by rideshare drivers is not a rare occurrence. Uber’s own safety reports have documented thousands of incidents:
- Uber reported approximately 3,824 sexual assaults related to rides in the U.S. in 2019-2020, including 141 rape reports
- Uber reported 20 fatal physical assaults during the same period
- Lyft has faced over 4,000 sexual assault claims in litigation, with survivors alleging the company failed to implement adequate safety measures
These numbers likely undercount the actual problem because many victims do not report their assault to the company or to law enforcement. The stigma and trauma associated with sexual assault, combined with the difficulty of pursuing legal action, means many incidents go unreported.
Types of Assault Claims Against Rideshare Companies
Assault during rideshare trips takes several forms, and each can form the basis of a legal claim:
- Sexual assault and rape: Unwanted sexual contact, forced sexual acts, or rape by a driver during or after a ride
- Sexual harassment: Inappropriate comments, unwanted touching, exposure, or requests for sexual favors
- Physical assault: Hitting, punching, choking, or other physical violence by a driver
- Kidnapping and false imprisonment: Drivers who deviate from the route, lock passengers in the vehicle, or refuse to let passengers exit
- Drugging: Drivers who offer passengers drinks or substances that impair their ability to resist an assault
Each of these acts is a crime as well as a civil wrong (tort). That means you can pursue criminal charges through the police and district attorney while simultaneously filing a civil lawsuit for financial compensation.
Why Uber and Lyft May Be Liable
A central legal question in rideshare assault cases is whether the company itself can be held responsible, not just the individual driver. Several legal theories support claims against Uber and Lyft directly:
Negligent Hiring and Screening
Rideshare companies have a duty to screen their drivers. If a company fails to conduct adequate background checks or hires a driver with a history of violent or sexual offenses, the company can be liable for negligent hiring. Lawsuits have revealed that both Uber and Lyft have approved drivers with criminal records, including prior assault convictions, that should have disqualified them.
Negligent Retention and Supervision
Even if a driver passed an initial background check, the company may be liable if it received complaints about a driver’s behavior and failed to investigate or remove them from the platform. If other riders reported the driver for inappropriate conduct before your assault, the company’s failure to act strengthens your claim.
Negligent Security
Rideshare companies have been criticized for failing to implement safety features that could prevent assaults. Claims allege that Uber and Lyft should have provided in-ride audio or video recording, real-time ride monitoring, easier emergency reporting tools, and more frequent background check updates.
Common Carrier Liability
In some states, rideshare companies are classified as common carriers, which imposes a higher duty of care toward passengers than a private individual would have. Common carriers must take extraordinary precautions to protect passengers from harm, including harm caused by their own employees or contractors.
Request a free, confidential consultation with Counsel Hound to discuss the legal theories that apply to your rideshare assault case.
What Compensation Can You Recover?
Victims of rideshare assault can seek compensation for:
- Medical expenses: Emergency treatment, hospital care, and ongoing medical needs related to physical injuries from the assault
- Mental health treatment: Therapy, counseling, psychiatric care, and medication for PTSD, anxiety, depression, and other psychological conditions
- Lost wages: Income lost due to the physical and emotional impact of the assault
- Pain and suffering: Physical pain from injuries sustained during the assault
- Emotional distress: The psychological trauma of the assault, including nightmares, flashbacks, fear of travel, and disruption to daily life
- Loss of enjoyment of life: Impact on relationships, social activities, and overall well-being
- Punitive damages: Additional damages if the rideshare company’s negligence in hiring, retaining, or supervising the driver was especially reckless
For information about how settlements are taxed, see our guide on personal injury settlement taxes.
State-Specific Considerations
Rideshare assault laws and regulations vary by state. Depending on where the assault occurred, different rules may apply:
Alabama
Alabama follows a contributory negligence standard, one of only a few states that bars recovery if the victim was even 1% at fault. However, in assault cases, contributory negligence rarely applies because an assault victim is not at fault for the attacker’s actions. Alabama has a two-year statute of limitations for personal injury claims and a six-year statute for sexual abuse cases.
Florida
Florida classifies rideshare companies as transportation network companies (TNCs) under state law, which imposes specific insurance and safety requirements. Florida requires TNCs to conduct background checks that include a review of criminal history and the sex offender registry. The state has a four-year statute of limitations for personal injury and a two-year deadline for battery claims.
Texas
Texas has a two-year statute of limitations for personal injury claims. Texas law requires rideshare companies to conduct criminal background checks on drivers, but enforcement has been inconsistent. Large cities like Austin, Houston, and San Antonio have their own rideshare regulations that may provide additional protections for passengers.
Regardless of the state, federal law protects sexual assault survivors’ right to pursue claims in court rather than forced arbitration. An attorney in your state can advise on the specific laws and deadlines that apply to your case.
Criminal vs. Civil Cases: What Is the Difference?
After a rideshare assault, you may have both a criminal case and a civil case. Understanding the difference helps you know what to expect:
- Criminal case: Filed by the government (district attorney) against the driver. The goal is to punish the driver through jail time, probation, or sex offender registration. You do not control the criminal case, but you can cooperate as a witness. Criminal cases require proof “beyond a reasonable doubt.”
- Civil case: Filed by you (or your attorney) against the driver and the rideshare company. The goal is financial compensation for your injuries and losses. You control the civil case and make decisions about settlement. Civil cases require proof by a “preponderance of the evidence,” which is a lower standard than criminal cases.
You can pursue both a criminal and civil case at the same time. A criminal conviction strengthens your civil case, but you do not need one to win in civil court. Many civil cases succeed even when criminal charges are not filed or result in acquittal.
The Arbitration Issue
Both Uber and Lyft include mandatory arbitration clauses in their terms of service. This means that by using the app, you may have agreed to resolve disputes through private arbitration rather than in a public courtroom. Arbitration can limit your ability to pursue a jury trial and may restrict the evidence and discovery available to you.
However, there are important exceptions and workarounds:
- Some states have passed laws exempting sexual assault claims from mandatory arbitration
- Federal law (the Ending Forced Arbitration of Sexual Assault and Sexual Harassment Act of 2021) allows survivors of sexual assault and harassment to void arbitration agreements and pursue their claims in court
- In 2022, Uber voluntarily removed its arbitration requirement for sexual assault and harassment claims
- Lyft has also faced pressure to waive arbitration for assault survivors
An attorney experienced in rideshare assault cases can help you navigate the arbitration issue and ensure your rights are protected.
Steps to Take After a Rideshare Assault
Taking the right steps after an assault protects both your safety and your legal case:
- Get to safety: Remove yourself from the situation as quickly as possible. Call 911 if you are in immediate danger.
- Seek medical attention: Go to the hospital or a sexual assault treatment center for a medical examination. If you were sexually assaulted, a forensic examination (rape kit) preserves critical evidence.
- File a police report: Report the assault to law enforcement. A police report creates an official record and begins the criminal investigation process.
- Preserve evidence: Save your rideshare trip history, screenshots of the driver’s name and photo, the trip receipt, and any text messages or communications. Do not wash clothing worn during the assault until after a forensic examination.
- Report to the rideshare company: Report the incident through the app. Uber and Lyft are required to investigate reports of assault and remove drivers from the platform.
- Contact a support organization: The National Sexual Assault Hotline (1-800-656-HOPE) provides free, confidential support 24 hours a day.
- Consult an attorney: A personal injury attorney experienced in sexual assault and rideshare cases can protect your rights and handle the legal process while you focus on healing. Consultations are confidential and free.
Contact Counsel Hound today for a free, confidential case evaluation. We connect assault survivors with vetted, experienced attorneys on a no-fee-unless-you-win basis.
Frequently Asked Questions About Rideshare Assault Claims
Can I sue Uber or Lyft directly, or only the driver?
You can pursue claims against both the individual driver and the rideshare company. Legal theories like negligent hiring, negligent retention, and common carrier liability allow you to hold the company responsible for failing to protect passengers, not just the driver who committed the assault.
Will my case be public?
Your attorney can take steps to protect your privacy, including filing under a pseudonym (such as “Jane Doe”) in many jurisdictions. Settlements often include confidentiality provisions. Your attorney will discuss privacy protections with you before taking any public action.
What if I did not report the assault to the police?
You can still file a civil lawsuit even if you did not file a police report. While a police report strengthens your case, it is not a legal requirement for a civil claim. Many sexual assault survivors do not report to the police, and the legal system recognizes this reality.
Is there a deadline to file a rideshare assault claim?
Yes. The statute of limitations varies by state and by the type of claim. Some states have extended deadlines for sexual assault cases. The federal Ending Forced Arbitration Act does not change filing deadlines, so consulting an attorney promptly is important.
What if the assault happened in a different state than where I live?
You may have the option to file in the state where the assault occurred or in the state where the rideshare company is headquartered. An attorney will advise on the best jurisdiction for your case based on the specific laws and available remedies in each state.
