What is Uber’s Liability for Sexual Assault by a Driver in Georgia?

Uber’s liability for sexual assault by a driver in Georgia will depend on the circumstances of the incident. If you’re unfortunate enough to have been in this situation and can prove Uber’s negligence, you may have a lawsuit on your hands.

Using a rideshare service like Uber for transportation has become part of everyday life. You might use the app to meet up with your friends at the bar or to get home after a long day at work. But what you don’t expect is to be sexually assaulted by the driver during your routine ride.

An Atlanta sexual assault lawyer can advise you on how to approach this type of liability case, so that you don’t have the additional burden of complicated legal proceedings weighing you down. They’ll explain your options with care and compassion as you move forward with your case.

Is Uber Liable for Sexual Assault by a Driver in Georgia?

It depends. Uber may be held liable for sexual assault by a driver depending on the specific facts of the case. In most instances, the driver is the one who is primarily responsible. But an experienced attorney can help to establish Uber’s liability before you put forward a claim.

Under Georgia Code § 51-1-2 (Ordinary Negligence), Uber has a responsibility to exercise reasonable care and diligence in the hiring, screening, and ongoing supervision of its drivers. This means that failure to address known safety concerns about a driver may constitute negligence.  

This is how Uber’s liability for sexual assault by a driver in Georgia may be determined. By ignoring previous complaints or allegations, they have directly put passengers at risk and gone against their duty of care.

How to Prove Uber’s Liability

If Uber’s negligence contributed to the harm you suffered, you may have a liability claim on your hands. And if that’s the case, you’re going to need the evidence to support your claim.

Here’s what evidence may be needed in a sexual assault lawsuit:

• Your Uber ride records and trip details, such as time, date, journey, car model, etc.
• App data, including driver info and history, and in-app messages  
• Medical records showing any injuries and treatment needed
• Police reports from the incident
• Witness statements or claims from previous victims
• Video footage from local security cameras or traffic cameras
• Evidence of any prior complaints, such as in-app or online reviews

This information is important for building your case. But it can get overwhelming when you’re already handling the emotional impact of sexual assault. An experienced sexual assault lawyer is trained to help with evidence gathering and relieve some of the stress. 

What Compensation is Available in Georgia?

When you are sexually assaulted in an Uber ride, you want to bring those responsible to justice. And that goes for the rideshare company as well as the driver. If you want to file a lawsuit against Uber for their negligence, you may be able to pursue economic damages, non-economic damages, or punitive damages.

Economic Damages

Sexual assault can cause several economic damages. Medical expenses related to the assault, including hospital visits and ongoing therapy, can add up. On top of that, if your recovery and trauma prevent you from working, this could seriously impact your earning potential.

By filing for economic damages, you are able to claim compensation to cover these losses.

Non-Economic Damages

Non-economic damages are for any suffering or distress caused by the assault. According to Georgia Code § 51-13-1 (Noneconomic Damages Definition), this can include:

• Physical pain and suffering
• Emotional stress and anxiety
• Mental anguish
• Loss of enjoyment of life
• Disfigurement or physical impairment
• Injury to reputation

Punitive Damages

Punitive damages focus more on punishing the defendant instead of compensating the victim. In this instance, Uber’s negligence would be punished to deter them from doing something similar in the future. However, you would have to prove that Uber purposely acted with malice.

What to Do When You Are Sexually Assaulted by an Uber Driver

If you have been sexually assaulted by an Uber driver, you need to put your safety first. As soon as you are safe, here’s what you should do:

• Seek medical attention immediately: This is essential for securing your safety and can also help to support your case.
• Report the assault: Call the police and file an official report. You can also report the incident through Uber’s app. Learn more about how to report sexual abuse in Georgia.
• Secure your evidence: Document your Uber ride receipts, in-app messages, driver information, trip details, medical records related to the assault, etc.
• Contact an attorney: Get in touch with a sexual assault attorney as soon as possible to help build your case.

The aftermath of such an event is already difficult, and pursuing legal action against a large corporation can add further stress. That’s why you need a qualified lawyer on your side.

How a Sexual Assault Lawyer in Georgia Can Help Determine Uber’s Liability

So, what is Uber’s liability for sexual assault by a driver in Georgia? That entirely depends on the details of your case and how Uber has responded to its legal duty of care. If there is clear negligence on their part, you may be able to claim compensation.

At John Foy & Associates, we understand how delicate and difficult these cases can be. We’re known for treating clients with respect and superior care, as well as providing dedicated legal representation for every case, which is what has earned us the title of “The Strong Arm™” across Georgia.

Our sexual assault lawyers will review your case with care to help you figure out what your next steps should be. We can also provide detailed insights into the legal system so that you can learn more about how sexual abuse is defined under Georgia law.