How to File an Uber Sexual Assault Lawsuit in Georgia

TL;DR: If you were a victim of sexual assault or misconduct during an Uber ride, you have the legal right to file a lawsuit against Uber Technologies, Inc. You can seek financial compensation for your medical expenses, lost income, and emotional suffering. The basis for these lawsuits is often negligence, arguing that Uber failed to implement adequate safety measures, properly screen its drivers, or respond appropriately to complaints, thereby creating a dangerous situation for passengers. Your ability to hold the company accountable is not dependent on the criminal case against the driver.

Key Highlights

• You Can Sue Uber Directly: Victims can file a civil lawsuit against Uber, not just the individual driver.
• Negligence is Key: The core of the lawsuit is typically that Uber’s negligence (e.g., poor background checks, ignoring complaints) contributed to the assault.
• Compensation is Available: You can pursue damages for medical bills, therapy costs, lost wages, pain and suffering, and emotional distress.
• Preserve All Evidence: Immediately save ride details from the app, text messages, and any other communication. This digital evidence is vital.
• Seek Legal Counsel: Contact a personal injury attorney who specializes in rideshare assault cases for a confidential evaluation of your claim.

Reports and investigations over the years have brought a disturbing pattern to light concerning passenger safety in rideshare vehicles. A 2019 safety report released by Uber itself disclosed nearly 6,000 reports of sexual assault in the United States over a two-year period. These incidents ranged from non-consensual touching to rape. Subsequent reports and journalistic investigations, including a significant one by CNN, suggest the problem is persistent, affecting passengers in cities across the country. This data paints a clear picture of a systemic issue, moving the conversation beyond isolated criminal acts to one of corporate responsibility.

The legal framework surrounding these incidents is complex, largely because of Uber’s business model. The company has long classified its drivers as independent contractors rather than employees. This distinction is central to its legal defense, as companies are generally less liable for the actions of contractors. However, courts and juries have increasingly been willing to look past this classification. They examine the level of control Uber exerts over its drivers, from setting fares to dictating routes and controlling communication through its app, to determine if the company bears a direct responsibility for passenger safety.

Understanding Uber’s Legal Responsibility and Liability

When a passenger is assaulted by an Uber driver, the driver is clearly responsible for their criminal actions. However, the legal case against Uber itself is built on a different foundation: corporate negligence. A lawsuit against Uber does not excuse the driver; it argues that the company had a duty to protect its passengers and failed to meet that duty.

The Theory of Negligence

In a personal injury case, negligence is the legal theory used to prove that a person or company’s carelessness caused someone else’s injury. To win a negligence claim against Uber, a victim’s attorney must typically prove four elements:

1. Duty of Care: Uber, as a transportation company that profits from connecting drivers and passengers, owes a duty of care to its customers. This means it has a legal obligation to take reasonable steps to ensure their safety.
2. Breach of Duty: The plaintiff must show that Uber breached this duty. This can be demonstrated in several ways:
   • Negligent Hiring: Uber failed to conduct a sufficiently thorough background check that would have revealed a driver’s criminal history or dangerous tendencies.
   • Negligent Retention: Uber was aware of previous complaints of misconduct or assault against a driver but failed to deactivate them from the platform.
   • Failure to Warn: Uber knew about the risks of assault but did not adequately warn passengers or implement sufficient safety features.
   • Flawed Safety Policies: The company’s overall safety protocols were inadequate to reasonably protect passengers from harm.
3. Causation: The victim must prove that Uber’s breach of duty was a direct and foreseeable cause of the assault. For example, if a proper background check would have disqualified the driver, Uber’s failure to perform one directly led to the passenger being in a car with a dangerous individual.
4. Damages: The victim must show they suffered actual harm, such as physical injuries, medical bills, psychological trauma (like PTSD), and lost wages.

The “Independent Contractor” Defense

Uber’s primary defense in these cases is that its drivers are independent contractors, not employees. Traditionally, companies are not held liable for the wrongful acts of independent contractors. However, lawyers for assault victims counter this argument by highlighting the significant control Uber has over its drivers. This includes:

• Controlling the fare and payment process.
• Setting performance standards and deactivating drivers who don’t meet them.
• Dictating the terms of service for both drivers and riders.
• Monitoring drivers through GPS and customer ratings.

Attorneys argue this level of control establishes a relationship closer to that of an employer-employee, making Uber responsible for ensuring its drivers are safe. Many lawsuits have successfully argued that regardless of the driver’s classification, Uber’s role as the facilitator and brand behind the service creates a direct responsibility for passenger safety.

The First Steps to Take After a Sexual Assault in an Uber Ride in Georgia

The moments following a sexual assault are critical for both personal well-being and the preservation of legal rights. Taking specific, measured steps can help ensure your safety and strengthen a future legal claim. Your priority is always your health and safety.

Step 1: Get to a Safe Location

If you are still in the vehicle or near the perpetrator, your first action is to get away and find a place where you feel secure. This could be a well-lit public area, a friend or family member’s home, or a police station.

Step 2: Contact Emergency Services

Call 911 as soon as you are safe. Reporting the assault to the police creates an official record of the incident, which is a crucial piece of evidence. When you speak with the dispatcher and responding officers, provide as much detail as you can remember about the driver, the vehicle (make, model, license plate), and the location of the assault.

Step 3: Seek Immediate Medical Attention

Go to a hospital or an urgent care clinic, even if you do not have visible physical injuries. A medical examination is important for several reasons:

• Health and Safety: A doctor can check for and treat any injuries, as well as provide preventative care for STIs and pregnancy.
• Evidence Collection: Ask for a Sexual Assault Nurse Examiner (SANE) or a Sexual Assault Forensic Examiner (SAFE). These are medical professionals trained to collect forensic evidence in a sensitive and supportive manner. This evidence can be vital for both criminal and civil cases.
• Documentation: The medical report serves as official documentation of your physical and emotional state shortly after the incident.

Step 4: Preserve Digital Evidence

The digital trail created by the Uber app is one of the most powerful pieces of evidence in a lawsuit. Do not delete the app or your account. Take screenshots of the following:

• The trip receipt, which shows the date, time, route, and fare.
• The driver’s profile, including their name, photo, and vehicle information.
• Any in-app communication between you and the driver.
• Your trip history.

Step 5: Report the Incident to Uber

Use the Uber app to report the assault. While this may be difficult, it is an important step. Reporting creates a record that Uber was formally notified of the driver’s misconduct. Be factual and direct in your report. This action is important for your case, as it can be used to show that Uber was put on notice. It also may prevent the driver from harming another passenger.

Step 6: Speak with a Sexual Assault Attorney

Contact an Atlanta Uber sexual assault attorney who has experience with sexual assault and rideshare liability cases. Most personal injury lawyers offer free, confidential consultations. They can explain your legal options, help you protect your rights, and handle all communication with Uber’s legal team and insurance companies, allowing you to focus on your recovery.

Building Your Case: Evidence and Documentation

A successful Uber sexual assault lawsuit depends on strong, credible evidence. While the trauma of the event can make it difficult to think about documentation, gathering and preserving key information is essential for holding the company accountable. Your attorney will lead the investigation, but the evidence you collect from the beginning can form the backbone of your claim.

Key Types of Evidence to Collect for Uber Sexual Assault Lawsuit

• Police and Medical Reports: The official police report is a cornerstone of your case. It establishes a formal record of the crime. Similarly, medical records from the hospital or clinic you visited after the assault document any physical injuries and the immediate emotional distress you experienced. The SANE/SAFE kit results provide forensic evidence linking the perpetrator to the assault.
• Uber App Data: As mentioned, the digital information from the Uber app is direct evidence linking you, the driver, and the specific trip. Your lawyer will formally request this data from Uber during the legal process, but your personal screenshots are a valuable immediate backup. This data includes:
  • Driver’s name and profile information.
  • Vehicle make, model, and license plate number.
  • GPS data showing the trip route, including any deviations from the expected path.
  • Time and date stamps for the ride.
  • Records of all communication through the app.
• Witness Information: If anyone witnessed any part of the incident, their testimony can be very helpful. This could be someone who saw you get into the car, someone you spoke to immediately after the assault, or anyone who observed the driver’s behavior. Collect their names and contact information if possible.
• Photos and Videos: If you were able to take any photos or videos of the driver, the car, or your injuries, this visual evidence can be very powerful. Similarly, security camera footage from nearby businesses or homes where the assault occurred can be obtained by your attorney through a subpoena.
• Personal Journal or Notes: It is highly recommended that you keep a private journal to document your experience. This is not just for your own emotional processing; it can also serve as evidence for your pain and suffering claim. In your journal, you can record:
  • Details about the assault that you remember.
  • Your physical pain and symptoms.
  • Your emotional state (anxiety, fear, depression, nightmares, flashbacks).
  • Dates of therapy appointments and how you felt.
  • Days you missed from work or school.
  • How the trauma has impacted your daily life and relationships.

This detailed record helps illustrate the full extent of your non-economic damages, which are often the largest component of a settlement or verdict in these cases. Your attorney can guide you on how to maintain this journal in a way that is protected and useful for your case.

Types of Compensation (Damages) You Can Pursue in an Uber Sexual Assault Lawsuit in Georgia

Filing a lawsuit against Uber is about seeking justice and accountability, but it is also about securing the financial resources you need to recover from the trauma. In a civil lawsuit, this financial compensation is referred to as “damages.” The goal of awarding damages is to, as much as possible, compensate the victim for the harm they have suffered.

Damages in an Uber sexual assault case are typically divided into three categories.

1. Economic Damages

These are the tangible, out-of-pocket financial losses that can be calculated with receipts, bills, and pay stubs. They are meant to reimburse you for actual money you have spent or lost because of the assault.

• Medical Expenses: This includes all past, current, and future medical costs related to the assault. Examples include:
  • Emergency room visits.
  • Hospital stays.
  • Ambulance fees.
  • Costs of therapy and psychological counseling (for PTSD, anxiety, depression).
  • Prescription medications.
  • Follow-up appointments with doctors and specialists.
• Lost Wages and Earning Capacity: If you were unable to work while recovering, you can be compensated for the income you lost. If the trauma is so severe that it impacts your ability to work in the long term or forces you to take a lower-paying job, you can also seek damages for loss of future earning capacity.

2. Non-Economic Damages

These damages are intended to compensate you for the profound, intangible suffering caused by the assault. While there is no price tag for this kind of pain, the legal system assigns a monetary value to it. This is often the most significant part of a settlement or award.

• Pain and Suffering: Compensation for the physical pain and emotional distress you have endured.
• Emotional Distress: This specifically covers psychological injuries like fear, anxiety, depression, humiliation, and sleep disturbances.
• Post-Traumatic Stress Disorder (PTSD): Many survivors of sexual assault develop PTSD, a serious condition that can require long-term treatment.
• Loss of Enjoyment of Life: This compensates for the inability to enjoy daily activities, hobbies, and relationships as you did before the assault.
• Disfigurement or Scarring: If the assault resulted in any permanent physical scarring.

3. Punitive Damages

In some cases, a court may award punitive damages. Unlike economic and non-economic damages, which are meant to compensate the victim, punitive damages are designed to punish the defendant (Uber) for extreme negligence or reckless behavior. The goal is to deter Uber and other companies from similar conduct in the future. To be awarded punitive damages, your attorney must prove that Uber acted with malice or a conscious disregard for the safety of its passengers. This could involve showing that the company knew about a driver’s history of misconduct but kept them on the platform anyway.

The Legal Process of Filing an Uber Sexual Assault Lawsuit in Georgia

Understanding the steps involved in a lawsuit can help reduce some of the uncertainty associated with the process. While every case is unique, most Uber sexual assault lawsuits follow a similar progression. Your attorney will handle the legal complexities, but knowing what to expect can be empowering.

Stage 1: Initial Consultation and Investigation

The process begins when you meet with a personal injury attorney for a free, confidential consultation. You will share the details of what happened, and the attorney will evaluate the strength of your potential claim. If you decide to move forward, you will sign an agreement, and the attorney will begin a thorough investigation. This involves gathering all the evidence discussed earlier, such as police reports, medical records, and witness statements.

Stage 2: Filing the Complaint

Once the investigation is complete and your attorney has built a strong foundation for your case, they will draft and file a formal “complaint” with the appropriate court. This legal document officially starts the lawsuit. It names you as the plaintiff and Uber (and sometimes the driver) as the defendant. The complaint outlines the facts of the case, the legal arguments for Uber’s negligence, and the damages you are seeking.

Stage 3: The Discovery Phase

After the complaint is filed, the “discovery” phase begins. This is the longest part of the lawsuit, where both sides exchange information and evidence. The primary tools of discovery include:

• Interrogatories: Written questions that the other side must answer under oath.
• Requests for Production: Requests for documents, such as Uber’s internal investigation files, the driver’s history, and company safety policies.
• Depositions: In-person or virtual interviews where witnesses, including you, Uber executives, and the driver, answer questions under oath with a court reporter present.

Your attorney will use the discovery process to uncover evidence of Uber’s failures, such as inadequate background check procedures or a history of ignoring complaints against the driver involved in your case.

Stage 4: Settlement Negotiations or Mediation

Most personal injury cases, including those against Uber, are resolved through a settlement before they go to trial. At any point during the lawsuit, your attorney can negotiate with Uber’s legal team. Often, a formal mediation is scheduled. This is a meeting where both sides, along with their lawyers and a neutral third-party mediator, try to reach a mutually agreeable settlement. Your attorney will advise you on any settlement offers and fight to ensure you receive fair compensation.

Stage 5: Trial

If a fair settlement cannot be reached, your case will proceed to trial. At trial, both sides will present their evidence and arguments to a judge and jury. The jury will then decide if Uber was liable and, if so, the amount of damages to award.

Multidistrict Litigation (MDL)

It is important to know that hundreds of sexual assault lawsuits against Uber have been consolidated into a Multidistrict Litigation (MDL) in the Northern District of California. An MDL is a legal procedure that centralizes similar cases before one judge to streamline the pre-trial processes, like discovery. Your individual case remains separate, but it will proceed as part of this larger, coordinated effort. This consolidation allows plaintiffs’ attorneys to pool resources and present a stronger, unified front against Uber.

Common Defenses Uber Uses and How to Counter Them in an Uber Sexual Assault Lawsuit

When you file a lawsuit against a multi-billion-dollar corporation like Uber, you can expect a vigorous defense from a team of experienced lawyers. Being aware of the arguments they are likely to make can help you understand the legal battle ahead. An experienced rideshare assault attorney will have strategies to challenge these common defenses.

Defense 1: “The Driver is an Independent Contractor”

This is Uber’s most frequent defense. The company argues that because drivers are not employees, Uber is not legally responsible for their criminal acts under the legal doctrine of respondeat superior (which holds employers liable for employees’ actions).

• How to Counter It: Your attorney will argue that Uber’s “independent contractor” label is a misclassification designed to avoid liability. They will present evidence of the extensive control Uber exercises over its drivers, from fare-setting and performance monitoring to the threat of deactivation. The argument is that this level of control creates a duty of care, regardless of the official employment status. The lawsuit focuses on Uber’s direct negligence in hiring, training, and retaining the driver, which is a separate issue from the driver’s employment status.

Defense 2: “The Assault Was an Unforeseeable Criminal Act”

Uber’s lawyers may claim that the sexual assault was an independent, unforeseeable criminal act by a third party (the driver) and that the company could not have predicted or prevented it.

• How to Counter It: This defense is challenged by presenting evidence that the risk of assault was, in fact, foreseeable. This can be done by:
  • Citing Uber’s own safety reports that document thousands of prior assaults.
  • Introducing evidence of prior complaints against the specific driver that Uber ignored.
  • Showing that the driver had a criminal record that a more thorough background check would have uncovered.
  • Arguing that the very nature of the rideshare business, which involves strangers in an enclosed space, creates a foreseeable risk that the company must take steps to mitigate.

Defense 3: “Our Background Checks Are Sufficient”

Uber will often defend its safety record by pointing to its background check process. They will claim they met the industry standard and that the driver had a “clean” record according to their screening.

• How to Counter It: Attorneys for victims often demonstrate that Uber’s background checks are insufficient. For example, they may not include fingerprint-based checks that cross-reference FBI databases, which are standard for traditional taxi services in many cities. A lawyer can investigate the driver’s full history to see if there were red flags, prior arrests, or restraining orders that Uber’s cheaper, name-based check failed to find. The argument is that “industry standard” is not enough if that standard is demonstrably inadequate to protect passengers.

By anticipating these defenses, a skilled legal team can build a proactive case that exposes the flaws in Uber’s safety systems and demonstrates the company’s direct role in creating the circumstances that led to the assault.

Why Hire a Sexual Assault Attorney for Uber-Related Cases

Filing a sexual assault claim against a large company like Uber can be complex and emotionally difficult. An experienced sexual assault attorney helps victims navigate this process with care, confidentiality, and a clear understanding of the law.

A skilled sexual assault lawyer in Atlanta can explain whether Uber, the driver, or another party may be legally responsible for the assault. They handle all communication with insurance companies and Uber’s legal team, ensuring that victims do not face intimidating negotiations or pressure to settle quickly. Attorneys also help gather key evidence such as rideshare records, background check information, and police reports, to build a strong case.

Confidentiality is another critical reason to seek legal help. Sexual assault attorneys understand the sensitivity of these cases and work to protect the victim’s privacy throughout the process. Beyond legal representation, they act as advocates, ensuring that survivors’ voices are heard and their rights respected.

Ultimately, hiring an attorney gives victims the best chance to recover fair compensation for medical care, emotional trauma, lost income, and other damages. More importantly, it provides support and guidance during one of the most challenging times in a person’s life.

Can You Sue Uber for Sexual Assault?

Whether a victim can sue Uber after a sexual assault depends on the specific facts of the case and how the law defines Uber’s responsibility for its drivers. Uber drivers are classified as independent contractors, not employees. This classification means Uber often argues that it is not directly liable for a driver’s actions, since independent contractors are legally considered separate from the company.

However, there are important exceptions. In some cases, Uber may still be held legally responsible if the company’s own actions or failures contributed to the assault. For example, a victim may have grounds to sue Uber if there is evidence of:

• Negligent hiring or background checks – if Uber approved a driver despite prior criminal records or misconduct that should have raised concerns.
• Failure to act on complaints – if Uber ignored reports or warnings about a driver’s inappropriate behavior before the assault occurred.
• Inadequate safety policies or app features – such as failing to implement stronger screening processes, monitoring systems, or passenger protection tools.

Courts have increasingly examined whether companies like Uber can avoid accountability when their systems allow unsafe drivers to continue working. While each case is unique, a qualified attorney can evaluate the circumstances and determine whether Uber, the driver, or both can be sued for damages.

Conclusion

The trauma of a sexual assault is a heavy burden, and the thought of taking on a corporate giant like Uber can seem daunting. However, the legal system provides a clear path for victims to seek justice and hold the company accountable for its role in ensuring passenger safety. Your rights as a passenger extend beyond a safe arrival at your destination; they include the right to be protected from harm caused by the company’s negligence. A lawsuit is not just about financial compensation; it is a powerful statement that corporate responsibility cannot be sidestepped.

By understanding the legal basis for Uber’s liability, the critical first steps to take, and the types of evidence needed, you are better equipped to make informed decisions about your future. The compensation recovered through a lawsuit can provide the necessary resources for therapy, medical care, and the time needed to heal without the added stress of financial instability. More broadly, these lawsuits force Uber to confront its systemic safety failures and can compel meaningful changes that will protect future passengers from similar harm.

Your voice matters. If you or someone you know has been a victim of sexual assault or misconduct during an Uber ride, do not remain silent. The time to act is limited by state-specific laws known as statutes of limitations. Taking the first step to explore your legal options is crucial. We urge you to contact a qualified attorney who specializes in rideshare assault cases. A confidential, no-cost consultation can provide you with the clarity and direction needed to pursue the justice you deserve. Contact us today for free case evaluation.