People take Ubers and Lyfts so often that we are often shocked when a driver has sinister intentions for a passenger. Unfortunately, rideshare drivers sometimes make inappropriate sexual advances on passengers. In many cases, these advances devolve into full-blown sexual assaults. If you were assaulted this way by a rideshare driver, our legal team can help you get justice and fair compensation.
If a Chicago rideshare driver sexually assaults you, you should call 911 immediately. The driver may face criminal charges, but you can also sue them for damages. Generally, injury claims must be filed within 2 years, barring special circumstances. We need evidence to prove your claims, and it will vary based on your specific situation. Medical records regarding injuries, witness testimony, and your testimony may be paramount to the case. You might also want to hold the rideshare service accountable, but this is not always possible. Even so, ask your lawyer about how to get justice.
Obtain a free, confidential case review by calling our Chicago personal injury attorneys with the Rhatigan Law Offices at (312) 578-8502.
Can I Sue if a Rideshare Driver Sexually Assaulted Me?
While we often think of sexual assault as a terrible criminal offense, victims may also seek justice through the civil courts. You might have serious injuries, physical, psychological, and financial, and they deserve fair compensation.
The criminal justice system and the civil justice system are not connected. This means that you can sue the rideshare driver who assaulted you even if criminal charges are not assessed. In such cases, a lawsuit might be the only way for some people to get justice.
If a rideshare driver assaulted you, you should report the incident to the authorities and get an attorney to help you. While the police may apprehend the driver and bring them to justice, they cannot help you obtain compensation. Your attorney can help you build a civil case to claim damages.
When to File a Civil Case After Being Sexually Assaulted by a Rideshare Driver
In Illinois, many injury cases must be filed within the personal injury statute of limitations under 735 I.L.C.S. § 5/13-202. The law gives us only 2 years from when the sexual assault occurred to file a civil case in court. This is a tight deadline, but there may be special circumstances that give you more time.
Sexual assault is obviously a serious crime, and the defendant in your civil case may face criminal charges. If an account is established under the Criminal Victims’ Escrow Account Act in the defendant’s name, you may file your civil case within 2 years of the creation of that account.
While it is a good idea to file your case soon, we might have to wait before your civil case moves forward. If the defendant is criminally charged, criminal proceedings may take precedence over your civil case. However, if the defendant is found guilty or pleads guilty, our Evanston, IL personal injury attorneys can use this as evidence in your civil case.
How to Find Evidence for a Chicago Sexual Assault Case
In a civil case, the burden of proof is lower than in criminal cases, but it may still be difficult to meet. We must prove your claims by a “preponderance of the evidence,” meaning it is more likely than not that the defendant is liable.
If you were injured during the sexual assault, you might have sought medical attention. If you did, we can use copies of your medical records to prove how badly you were hurt.
Many people use their cell phones to start recording video and audio when they notice their Uber or Lyft driver acting suspiciously. If you did something like this, we can use your recordings as evidence.
We should also try to find witnesses. Did you exit the vehicle and ask for help? Did someone else see you enter or exit the defendant’s vehicle? If the answer is yes, these witnesses may testify in court.
How to Determine Damages After Being Sexually Assaulted by a Chicago Rideshare Driver
Damages in sexual assault cases may be quite high. Not only do victims suffer physically, but they may also live with the trauma of the assault for many years, and compensation should reflect the magnitude of their suffering.
Economic damages may include the cost of medical care, which is known for being costly even under the best of circumstances. You may also claim the value of any personal items that were damaged during the assault.
Your non-economic damages account for more subjective experiences from the assault, and they may be quite significant. Your physical pain, emotional distress, psychological injuries, and overall suffering because of the assault may be substantial and deserve fair compensation.
Suing for Punitive Damages in a Chicago Sexual Assault Case
Given the serious nature of sexual assault claims, your case might be eligible for punitive damages. These damages are awarded to punish defendants, but only under very specific conditions.
Punitive damages must be proven according to 735 I.L.C.S. § 5/2-1115.05(b). We must show that the defendant acted in at least one of two ways. First, we must show that the defendant acted with an evil motive. Second and alternatively, we must show that the defendant acted with an outrageous and shocking indifference to a highly unreasonably risk of harm with a conscious indifference to others’ safety and rights.
Since sexual assault is often considered a very malicious or even downright evil offense, your case might be eligible for punitive damages. There are no statutory limits on punitive damages in Illinois, so these damages may be quite substantial.
Can I Sue the Rideshare Company if a Driver Sexually Assaulted Me?
Since rideshare drivers for companies like Uber and Lyft are legally considered independent contractors and not employees, it is difficult to hold the rideshare companies vicariously liable for drivers’ actions. However, there might be other ways to hold them responsible.
We might argue that the driver who assaulted you was not properly vetted. They might have a history of violence and should not have been approved to drive for the rideshare company.
We might also argue that the defendant should have been fired by the rideshare company a long time ago. You might not be the defendant’s first victim, and others might have reported them for assault or injuries, but the rideshare company chose not to terminate them.
Speak to Our Chicago Personal Injury Attorneys for Legal Help Today
Obtain a free, confidential case review by calling our Oak Park, IL personal injury attorneys with the Rhatigan Law Offices at (312) 578-8502.
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