Rideshares seem to offer convenient, safe, and accessible transportation between destinations. The growing services provided by companies like Uber and Lyft carry passengers between their homes, work, and social events. Rideshares have become an obvious choice when drinking, or any activity that may impair your driving, is involved. Unfortunately, these situations have also given rise to the possibility of sexual assaults on unsuspecting passengers.
Prosper Shaked is a Miami-based attorney for Uber and Lyft sexual assault victims. Our compassionate team understands the fear and anguish a victim of sexual assault can feel. We will treat you respectfully while helping you gather the necessary information to submit a criminal report or file a personal injury claim against the driver and company. For a free and private legal consultation along with more information about your options, contact Prosper Shaked Accident Injury Attorneys PA at (305) 694-2676 today.
Liability for Sexual Assault Lyft and Uber Drivers in the Miami Area
Lyft and Uber are two of the largest rideshare services in the country, providing a platform that connects drivers with potential passengers through a phone app. In response to a growing number of reports involving sexual assaults, both Uber and Lyft have begun to reevaluate their safety precautions. For example, both services have implemented an emergency call button in their respective apps that immediately contacts the police. And while they may have increased the standards of their background checks, drivers with questionable criminal records can still slip through the system.
Uber and Lyft consider the drivers who work for them to be independent contractors as an attempt to limit liability for any negligent or criminal conduct on the part of their employees; this is part of the reason that the companies merely provide a platform that connects drivers and passengers.
However, if negligent or illegal conduct takes place during the scope of the driver’s employment, the parent company may be held liable. Furthermore, if Uber or Lyft had actual knowledge, or should have known, about past criminal or questionable behavior on the part of a driver, they could be found liable for harm if they failed to take the proper measures to address the situation. For example, Uber or Lyft could be held responsible for failing to investigate a driver after a report of sexual harassment or allowing a driver with multiple complaints to continue driving under the company’s name.
Sometimes, the liability is shared by another passenger. Both Uber and Lyft provide options for carpools or shared rides. This feature allows you to reduce the cost of your journey by sharing part of your trip with another user. However, unlike the Uber or Lyft driver, whose identity is revealed through the company’s phone app, this other passenger is likely a stranger. Uber or Lyft may still share some liability if a fellow passenger commits the sexual assault, provided they were aware of complaints against that passenger and allowed them to continue using their rideshare services.
If you have been the victim of a sexual assault by an Uber or Lyft driver or passenger while sharing a ride, it is important to talk with a skilled attorney to determine who could be liable for your injuries.
What to Do If You Were Sexually Assaulted by a Miami Uber or Lyft Driver
If you were the victim of a sexual assault by a Lyft or Uber driver in Miami, there are several things you should do before contacting an attorney:
- Seek medical attention immediately.
- Contact the Miami police and report the incident in detail, including any information from the app concerning the driver and vehicle.
- Take screenshots of the app, including pictures of location on the provided map.
- Report the incident directly to either Uber or Lyft.
- Get a copy of your bank or credit card statement showing payment for the ride.
- If there were any witnesses, get their contact information.
Then, contact our attorney for Uber and Lyft sexual assault victims, who can handle your case for you. We will review all information regarding your attack, including police reports and any eyewitness testimony, to help establish the facts and show liability. You may want to sue both the driver and their employer to ensure that all responsible parties are held liable for the damages you suffered.
Filing a Sexual Assault Claim Against Uber or Lyft in Miami
One important thing you need to consider before filing a claim for sexual assault is that you have limited time. The statute of limitations prevents you from filing your claim after a set legal time frame has lapsed. Your Miami attorney can help you file your claim on time.
Once you have filed your personal injury claim with the court, you will need to prove the existence of specific elements. For instance, you will need to show that both Uber or Lyft and their driver owed you a duty of care. The duty of care is the one expected from a prudent, reasonable person under the same circumstances. In other words, the duty of care can be shown by arguing Uber or Lyft should have exercised reasonable, prudent efforts to prevent a sexual assault.
The next element in your claim is proving that the liable parties breached their duty of care. The breach of duty can be shown by arguing that the liable parties failed to provide you with enough safety or failed to prevent your sexual assault from happening. The next element on your claim is causation. Causation requires establishing a causal nexus between the defendant’s breach of duty and your subsequent harm. Finally, you will need to show the court that you suffered losses as a consequence of your sexual assault. For instance, you can provide evidence of your medical bills and any treatment received after your assault.
Once you have proven your case, the court may grant you compensation. The amount of compensation in sexual assault cases changes from case to case. There is not a one-size-fits-all remedy for sexual assault cases in Miami. The amount of money you can expect from your lawsuit will be dependent upon the jury’s decision. In addition to your compensation or “damages,” the court may also grant you punitive damages. Punitive damages are awarded in exceptional situations where the conduct of the defendant was particularly outrageous. The courts use this award as a means to deter others from engaging in similar behavior in the future. A skilled Miami sexual assault attorney can guide you through your case.
Call a Miami Lawyer for Uber + Lyft Sexual Assault Cases
You may not have ever imagined that taking a ride in a Lyft or Uber could end in a nightmare. At Prosper Shaked Accident Injury Attorneys PA, we will handle your delicate situation with discretion, compassion, and respect. Our experienced Miami-based lawyer has the knowledge and skill to handle your case if you were assaulted by an Uber or Lyft driver. Contact attorney Prosper Shaked today at (305) 694-2676 to schedule your free and confidential consultation.