Rideshare apps are a great tool when you’ve had too much to drink. All you have to do is type in where you want to go and request a ride. Before you know it, you’re home safe and sound without risking a DUI or causing a car accident.
That’s how it’s supposed to be, but an Uber or Lyft ride can turn into a nightmare if the driver gropes you or touches you in some other inappropriate manner. This is incredibly scary, especially when your reflexes are impaired by alcohol. Because of that, you may have had trouble saying “no” and the driver took that as a sign of consent.
If you were in this situation, you may be asking yourself, “What are my rights? Can I get justice for what happened to me?” The answer is: absolutely. As a victim of sexual assault, you have the right to take legal action against the driver, as well as Uber or Lyft if their negligence led to your sexual abuse incident. We will go over this in more detail, as well as your rights and legal options if you were groped by an Uber / Lyft driver while you were drunk.
As a victim of sexual assault, you need a law firm on your side that is experienced with lawsuits against rideshare companies. Contact Normandie Law Group and speak with a rideshare sex abuse attorney.
Legal Definition of Consent
We want to go over this right away, because there is so much confusion over what it means to “consent” to sexual activity. Consent is defined as giving permission for something to happen, but it doesn’t always involve verbal communication. Many people consent to sexual activity through body language and their reactions when someone approaches them in a sexual way. With that in mind, it may be more accurate to discuss what consent looks like, rather than what it sounds like.
This is a crucial point of contention when someone is sexually assaulted while they are drunk. Attackers try to evade responsibility by saying “But she didn’t resist when I touched her.” However, such arguments are invalid when someone is clearly under the influence of alcohol or drugs. In California, a person cannot legally give consent when they’re intoxicated, and are thus “prevented from resisting” due to their inability to exercise reasonable judgment. So if you were groped by your Uber / Lyft driver while you were drunk, you were sexually assaulted and have the right to sue for compensation.
Consent, by the way, can also be withdrawn at any time. Even if you initially consented to sexual activity, you can ask the other person to stop at any point. This can be done verbally or through non-verbal cues, but if it’s clear that you’re no longer comfortable with what’s going on, it is the other person’s legal duty to stop what they’re doing.
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What is sexual assault?
Here’s another hot topic that we want to address. Sexual assault is a physical attack that falls under the umbrella of sexual abuse. But what does that mean, exactly? Some people only think of rape and attempted rape when they hear the term “sexual assault.” Certainly, rape is the most serious form of sexual assault as defined by law. However, there are various other acts that constitute sexual assault. These acts include:
- Groping, kissing, or any other unwanted touching of a sexual nature.
- Forcing someone to perform sexual acts, such as oral sex, against their will.
- Penetrating the victim with an object.
Some people are surprised that fondling or kissing can be considered sexual assault. Under California law, those acts are forms of assault when the victim is clearly uncomfortable and the perpetrator continues to violate them. Additionally, anyone who is drunk or under the influence of drugs cannot legally give consent. That means any of the above acts count as sexual assault if the perpetrator is aware, or should have been aware that the person is intoxicated.
If you’ve been sexually assaulted by a Lyft / Uber driver, make sure to speak with a lawyer right away. Legal options are available to you, but you must act quickly in order to take advantage of them.
Should I Call Uber or Should I Call the Police?
The best course of action is to call both, starting with the police. It’s important to speak to a police officer right away, who can take down your statement, talk to any witnesses, and supply you with a police report. While you do not need a police report to file a lawsuit, it gives your case more credibility if you have one.
The same can be said about filing an incident report with Uber or Lyft. Both companies have faced heavy criticism regarding their dismissal or lack of action on sexual abuse complaints involving their drivers. They have promised to be more proactive on behalf of victim’s rights, and it’s crucial for customer to hold them to their word. Along with bolstering your case, an incident report will initiate an investigation that will result in the driver’s dismissal. This way, you can help keep other passengers safe from the kind of harm that was done to you.
If you were sexually assaulted by an Uber driver, dial 800-285-6172 to report the attack to a Critical Safety Response representative. Lyft doesn’t have a phone number for such incidents, but you can use the Lyft app or website’s Critical Response Line to request that someone call you back. According to Lyft, a representative should call you back within 2 minutes.
Compensation You Can Sue for in a Sexual Assault Case
Sexual abuse cases are unique among personal injury claims, since they do not always involve physical injury. But emotional injuries can be just as serious, with long-term or lifelong consequences for the victims. If you were sexually assaulted, here are the following types of losses that you can recover:
- Medical bills for physical injuries
- Mental health counseling to deal with the trauma of your attack
- Pain and suffering, including PTSD, anxiety, and depression
- Lost wages if you need time off for therapy or medical treatments
- Loss of enjoyment of life
There may be other kinds of losses you can sue for depending on your personal circumstances. Our attorneys will make sure you receive the full value of your compensation in a sexual assault lawsuit against Uber or Lyft.
Liability of Uber / Lyft
You may have read stories within the past few years about Uber and Lyft’s sordid history with sex abuse claims. Many victims have come forward, accusing both companies of ignoring their claims, not getting back to them after an incident report, or outright denying responsibility for the actions of their drivers. How does Lyft or Uber get away with this, you ask?
One idea they try to sell victims is that rideshare drivers are independent contractors, not employees. As a result, Uber or Lyft will argue that they are not responsible for the actions of their drivers during rides. They may try to convince you that only the driver can be sued, which isn’t really helpful since the driver is unlikely to have enough funds to compensate you.
But there are many ways to hold rideshare companies liable in a sexual assault, so you should not let them discourage you from filing a lawsuit. For example, both Uber and Lyft must conduct thorough background checks on their drivers. Even if these drivers pass background checks, they must be dismissed immediately following a valid claim of sexual abuse by one of their passengers. Furthermore, there are certain protocols that rideshare companies have to follow when they receive a sex crime report. Failure in any of these areas can be used to prove Uber or Lyft’s liability in your sexual assault incident.
Nevertheless, major corporation like Lyft and Uber fight very hard to deny responsibility when it comes to sexual abuse. Working with a lawyer is extremely important, as victims usually lack the legal knowledge to counter arguments from corporate attorneys and insurance companies.
Our lawyers have many years of winning compensation for sexual abuse victims. We are not intimidated by these companies and will not back down until you achieve the resolution you deserve.
Statute of Limitations for Sexual Assault Lawsuits
In California, you have 10 years from the date of your assault to file a lawsuit, as long as your case occurred on or after January 1, 2019. If your incident was earlier than that, you would have three years from the date of the assault to sue the responsible parties. This is a longer period of time than you have for other lawsuits, which is typically 2 years from the date of injury.
However, you should speak to a lawyer as soon as possible if you’ve been sexually abused by an Uber/ Lyft driver. You may be struggling to process the incident, and are not sure if you want to take legal action against your attacker. We completely understand, and the choice is ultimately up to you. But you should have a record of what happened to you while the details are fresh in your memory. You must also document your physical and emotional injuries so that the evidence is available if you wish to sue or press charges later on. An attorney can help you do all this and ensure that your legal rights are protected as a victim of sexual assault.
The Los Angeles attorneys of Normandie look forward to assisting you in any way they can. Call us today and schedule a free consultation.
Can I Also Press Charges?
Yes, you can press charges against your attacker, even if you are suing for damages. The state of California allows you to take any and all available legal actions as a sexual abuse victim. In fact, filing criminal charges can sometimes strengthen your civil case and give you more credibility if your case goes to trial. However, the burden of proof required for a criminal prosecution is very high and difficult to meet without extensive physical evidence. In that case, a sexual assault lawsuit may be the best route, since the burden of proof is lower for civil actions. If you win your civil case, your victory can actually be used to bolster your case in the criminal courts.
As you can see, there are different routes you can take to achieve the justice you’re entitled to. The lawyers of Normandie can help you make an informed choice while ensuring that your legal rights are protected.
How We Can Help
Here at Normandie, we approach each case with our loved ones in mind. If the victim was a friend of family member, how would we want them to be treated? Without a doubt, we would want them to be treated with compassion and respect, and to be given legal advice that applies to their unique circumstances. We would want them to know that the decision to go after their attacker is completely up to them. That’s exactly what you’ll receive when you come to see us for a free consultation.
If you proceed with a lawsuit against the responsible individuals, you will pay nothing upfront for any of our services. With our Zero fee guarantee, the only way we get paid is if you get paid. So if we fail to recover your compensation award, you pay us nothing and walk away with no further obligations.
We look forward to fighting for you and helping you move forward with your life. Call Normadie Law Firm and schedule a consultation with one of our attorneys.
