Bay Harbor Islands Attorney for Uber + Lyft Sexual Assault Victims
Going through a sexual assault can be one of the most traumatizing experiences a person can go through. Nobody should deal with such a painful event. Unfortunately, every year, thousands of innocent people are sexually assaulted in the U.S. This is the sad reality for many innocent riders who have gone through sexual assaults committed by abusive Uber and Lyft riders.
It may seem like there is nothing you can do against those responsible for the harm they have caused. Fortunately, you can hold the liable parties accountable for your losses. Our Bay Harbor Islands Uber and Lyft sexual assault attorney at The Law Offices of Prosper Shaked can assist you. To schedule a free, confidential consultation, with one of our attorneys, call our law offices today at (305) 690-0244.
Sexual Assault Incidents in Uber and Lyft Rides
Uber and Lyft have become one of the favorite means of transportation for millions of riders in the U.S. and around the world. Their convenience, ease of use, and effectiveness took the world by surprise, and since then, these two companies have kept growing. While favored and recommended by millions of users, ride-sharing services have many risks associated with them.
An ongoing, unresolved issue with ride-sharing services is that they don’t provide enough safety measures to their clients. For instance, throughout the years, there has been an increase in the number of sexual assaults perpetrated by Uber and Lyft drivers. Thousands of women have reported sexual assault crimes, such as unwanted touching, groping, and rape. What’s even more baffling, is that Uber and Lyft are yet to provide a straightforward answer to protect potential victims from going through this shocking experience.
According to different media outlets, in 2018 alone, Uber had more than 3,000 sexual assault claims on their hands. In 2019, 19 women came forward and argued that Lyft drivers had sexually assaulted them. While Uber and Lyft have taken some security measures to assess their drivers, it may not be enough to eradicate the existing lack of safety. Unfortunately, sexual assaults keep happening. If you or someone you know has been sexually assaulted by an Uber or Lyft driver in Bay Harbor Islands, we can assist you.
Liability for an Uber or Lyft Sexual Assault in Bay Harbor Islands
As an Uber or Lyft passenger, you’d expect the ride-hailing companies to keep you safe from any harm, especially from sexual assault. However, neither Uber nor Lyft have safeguards in place to prevent their drivers from engaging in sexual misconduct. Establishing liability against companies like Uber and Lyft in Bay Harbor Islands may not be as easy or straightforward as you may think.
Drivers working for both ride-sharing companies are considered independent contractors and not direct Uber or Lyft employees. Many times, independent contractors operate independently, outside the company’s oversight. This designation of independent contractors didn’t happen by chance. By designating their drivers as independent contractors, Uber and Lyft can avoid liability for the actions of their drivers. In other words, you may not be able to sue Uber or Lyft directly for their drivers’ illicit actions.
However, there may be instances where both ride-hailing service companies may be found liable for their drivers’ illegal conduct. If an Uber or Lyft driver sexually assaults a passenger while providing their services, then their crime was committed within the scope of their employment. Under such circumstances, their employer may be held directly liable for your harm.
Suing for Sexual Assault by an Uber or Lyft Driver in Bay Harbor Islands
You can hold the liable parties accountable for your sexual assault by filing a personal injury claim in Bay Harbor Islands. Personal injury claims require the victim to show different elements to justify the concession of compensation. The first thing you need to do is establish that the defendant owed you a duty of care. Both the driver and their employer (Uber or Lyft) owes you an obligation to provide their services and drive you to your destination safely. Next, you will need to demonstrate that the defendant breached their duty of care by putting your safety at risk. This can be an excellent time to provide evidence of the defendant’s sexual misconduct. This can strengthen your argument and help you show your losses. The third element on your claim is causation. Causation requires linking the defendant’s negligent actions to your harm. Finally, you will need to prove that you suffered losses, such as medical expenses, lost wages, and pain and suffering.
Once you have proven your case, the court may grant you compensation. The court may also award additional damages in exceptional circumstances. If the defendant’s actions were found to be extreme or outrageous, the court may award what is known as “punitive damages.” Punitive damages are awarded as a mean to deter others from engaging in similar conduct in the future.
Additionally, it is important to understand that you have a limited time to file your claim with the court. This is what is known as the statute of limitation. The statute of limitations is a legal timeline in which all plaintiffs have to exercise their right to file their claims. If you fail to meet this deadline, you may lose your chances of reclaiming legal remedy against the liable parties.
In Florida, the filing time for sexual assault can change depending on the circumstances of your case. It is in your best interest to consult with a skilled Florida personal injury attorney who can help you understand how personal injury claims work.
Bay Harbor Islands Attorney for Uber and Lyft Sexual Assault Victims
If you or someone you know was sexually assaulted by an Uber or Lyft driver in Bay Harbor Islands, we may be able to help. The Law Offices of Prosper Shaked understand how difficult dealing with a sexual assault can be. That is why we dedicate all of our efforts to protecting your rights and holding the liable parties accountable for your losses. Thanks to our experience, skill, and knowledge, we can guide you through the entire process and fight aggressively to get you the compensation you deserve. To learn more about your case in a free, confidential consultation, call our law offices today at (305) 690-0244.