Rideshare Accidents

Sexual Assault by Rideshare Drivers: Legal Options for Survivors

David J. EmasPartner

Sexual assault by a rideshare driver is a profound violation of trust. You requested a ride expecting safe transportation, and instead experienced trauma that no one should endure. If this happened...

Sexual assault by a rideshare driver is a profound violation of trust. You requested a ride expecting safe transportation, and instead experienced trauma that no one should endure. If this happened to you, please know: it was not your fault, you are not alone, and you have legal options. While nothing can undo what happened, pursuing legal action can provide compensation for your suffering, hold the responsible parties accountable, and potentially prevent others from experiencing similar harm. This guide explains your legal options with sensitivity to the difficulty of this subject. If you're not ready to read it all now, that's okay—return when you're ready, or call us directly to speak confidentially with someone who can help.

You Are Not Alone: The Scope of the Problem

Sexual assault by rideshare drivers is more common than many people realize. Uber's own safety report revealed thousands of reported sexual assaults over a two-year period. Lyft faces similar reports. These numbers represent only reported incidents—many survivors never report due to shame, fear, or uncertainty about their options.

The rideshare model creates particular vulnerability. Passengers enter a stranger's private vehicle, often alone, frequently at night, and sometimes after drinking. Drivers know passengers' destinations and may know they'll be alone when they arrive. This power imbalance has been exploited by predatory individuals.

If you were assaulted by a rideshare driver, please understand: the companies' promises of safety and their background check systems failed you. This was not a random crime you could have prevented—it was a failure of the systems that should have protected you.

Immediate Steps: Safety and Evidence

If you were recently assaulted, your immediate safety and wellbeing come first. After that, if you're able, taking certain steps can preserve evidence and protect your legal options:

Get to a safe place. If you're not safe, call 911 or go to a public location. Your physical safety is the priority.

Seek medical attention. Even if you're not sure you want to report, get medical care. Hospital staff can document injuries and collect forensic evidence. You don't have to decide immediately whether to pursue legal action—but evidence collected now can be crucial later.

Preserve evidence. Don't shower, change clothes, or wash anything that might contain DNA evidence until after medical examination. Save the clothing you were wearing in a paper (not plastic) bag.

Document what you remember. As soon as you're able, write down everything you remember about the assault, the driver, and the ride. Details fade with time; capturing them now helps.

Save your rideshare trip information. Screenshot your trip details, the driver's name and photo, and any messages exchanged through the app.

Consider reporting to police. You have the right to file a police report. This creates an official record and may lead to criminal prosecution. However, reporting is your choice—you are not required to report to pursue civil legal action.

Reach out for support. RAINN (Rape, Abuse & Incest National Network) operates a 24/7 hotline at 1-800-656-4673. Local rape crisis centers provide free, confidential support.

Criminal vs. Civil Legal Options

Survivors have two separate legal paths, which can be pursued simultaneously:

Criminal prosecution is handled by the state. If you report to police and prosecutors file charges, the government pursues the case against your attacker. The goal is punishment—imprisonment, probation, or sex offender registration. You participate as a witness but don't control the case. The burden of proof is 'beyond reasonable doubt.'

Civil lawsuit is filed by you (through an attorney) against the attacker and potentially the rideshare company. The goal is compensation for your harm—medical expenses, therapy costs, lost income, and pain and suffering. You control whether to pursue this path. The burden of proof is lower: 'preponderance of the evidence' (more likely than not).

Many survivors pursue both paths. A criminal conviction strengthens a civil case, but civil cases can succeed even without criminal prosecution. You can also pursue civil action if the statute of limitations for criminal charges has passed.

Suing the Rideshare Company

In addition to suing the driver personally, survivors may have claims against Uber, Lyft, or other rideshare companies based on:

Negligent hiring: Rideshare companies run background checks on drivers. If those checks were inadequate—missing prior offenses, failing to verify identity, or using incomplete databases—the company may be liable for negligently hiring a dangerous driver.

Negligent supervision: Companies have a duty to monitor drivers and respond to complaints. If your attacker had prior complaints that the company ignored, they may be liable for failing to remove a dangerous driver.

Inadequate safety measures: Companies profit from passenger rides and have resources to implement safety features. Failure to implement reasonable safety measures (in-app emergency features, GPS monitoring, video recording) may support liability.

Marketing representations: Rideshare companies market themselves as safe. If their actual practices don't match their safety promises, they may be liable for misrepresentation.

While rideshare companies argue drivers are independent contractors for whom they bear no liability, courts increasingly recognize that companies have duties to passengers they profit from transporting.

What Compensation Is Available?

Civil lawsuits can recover compensation for all harm caused by the assault:

Medical expenses: Emergency treatment, ongoing medical care, prescriptions, and any treatment related to physical injuries from the assault.

Therapy and counseling: Psychological treatment is often the largest ongoing expense. Assault survivors frequently need years of therapy. Your claim includes past and future mental health treatment costs.

Lost wages: Time missed from work due to physical injuries, psychological trauma, or attending treatment sessions.

Reduced earning capacity: If trauma affects your ability to work at your previous level, you may recover future lost earnings.

Pain and suffering: Compensation for physical pain, emotional anguish, fear, humiliation, and diminished quality of life.

Loss of enjoyment of life: Many survivors find activities they once enjoyed now trigger fear or anxiety. This loss deserves compensation.

Punitive damages: If the defendant's conduct was particularly egregious, punitive damages may be awarded to punish wrongdoing and deter similar conduct.

Privacy Protections in Legal Proceedings

Many survivors fear that pursuing legal action will expose them publicly. Understanding available privacy protections may ease these concerns:

Civil cases can often settle confidentially. Most civil cases settle before trial. Settlement agreements typically include confidentiality provisions that prevent public disclosure of details.

Pseudonyms are sometimes allowed. In sensitive cases, courts may permit plaintiffs to proceed under pseudonyms ('Jane Doe') rather than using real names in public filings.

Sealed records: Courts can seal certain documents to protect sensitive information from public access.

Shield laws: Evidence rules limit inquiry into a victim's sexual history, preventing defendants from using irrelevant past conduct to attack credibility.

Your attorney can discuss specific privacy options available in your case. While some public exposure may be unavoidable if a case goes to trial, many survivors find that settlements or other resolution paths preserve their privacy.

Statute of Limitations: Don't Wait Too Long

Florida law sets deadlines for filing civil lawsuits. Understanding these limits is important:

Personal injury claims generally must be filed within two years of the incident under Florida's current statute of limitations.

Sexual battery claims may have extended deadlines in certain circumstances. Consult an attorney about your specific situation.

Delayed discovery: In some cases, trauma prevents survivors from fully understanding the harm they suffered until later. This may affect when the limitations period begins.

Minors: Special rules apply to claims by minors. The statute of limitations may be extended.

Even if you're unsure whether you want to pursue legal action, consulting an attorney early preserves your options. Waiting too long can eliminate your ability to seek compensation.

How We Support Survivors

At Emas Law Group, we understand that pursuing legal action after sexual assault requires courage and support. Our approach prioritizes your wellbeing:

Confidentiality is absolute. What you tell us remains confidential. We never share your information without your explicit permission.

You control the pace. We move at your speed. If you need time before making decisions, that's okay. If you're ready to act quickly, we can do that too.

We handle everything. You don't have to deal with insurance companies, rideshare corporations, or defense attorneys. We manage all communications so you can focus on healing.

No upfront costs. We work on contingency—you pay nothing unless we recover compensation for you.

Trauma-informed representation. We're sensitive to the psychological impact of what you've experienced and work to minimize retraumatization throughout the legal process.

If you're not ready to talk to a lawyer, that's okay. When you are ready, we're here.

Contact Emas Law Group Today

Sexual assault by a rideshare driver is a devastating violation that no one should experience. If it happened to you, please know that you have options, support is available, and pursuing justice is possible. Whether you want to hold your attacker accountable, recover compensation for your suffering, or both, legal action can be a powerful step in reclaiming your sense of agency. At Emas Law Group, we've helped assault survivors pursue justice with compassion and determination. Your initial consultation is completely confidential and free of obligation. When you're ready to explore your options, we're here to listen. Call us or reach out through our website—your first conversation can happen whenever you're ready.

Frequently Asked Questions

Do I have to report to police to file a civil lawsuit?

No. Criminal prosecution and civil lawsuits are separate legal processes. You can pursue civil compensation without filing a police report. However, a criminal conviction can strengthen a civil case, and some survivors find that police involvement helps establish what happened.

Can I sue Uber or Lyft for what their driver did?

Potentially, yes. Claims against rideshare companies can be based on negligent hiring, negligent supervision, inadequate safety measures, or failure to respond to prior complaints. An attorney can evaluate whether company liability exists in your case.

Will my name become public if I file a lawsuit?

Privacy protections are available in many cases. Civil cases often settle confidentially. Courts sometimes permit pseudonyms. Your attorney can discuss specific privacy options and strategies to minimize public exposure.

How long do I have to decide whether to pursue legal action?

Florida's statute of limitations for personal injury claims is two years. However, consulting an attorney earlier preserves evidence and options. You don't have to make immediate decisions, but don't wait until the deadline approaches to seek advice.

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David J. Emas

Partner

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