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Sexual Assault in Rideshares or Taxis: Who Can Be Held Liable?

Wendt Law Firm P.C. > Kansas City Sexual Abuse Attorney > Sexual Assault in Rideshares or Taxis: Who Can Be Held Liable?

If you were sexually assaulted by a rideshare driver or in a taxi, multiple parties might be held liable beyond just the driver. Rideshare companies like Uber and Lyft, taxi companies, and vehicle owners may share responsibility depending on how they screened drivers, responded to previous complaints, and maintained safety protocols, even when drivers are classified as independent contractors.

Civil sexual assault cases like these are complicated because companies work to avoid responsibility. Call Wendt Law Firm today at (816) 531-4415 or contact us online for your free consultation with our Kansas City sexual assault attorneys.

When Can Rideshare Companies Be Held Liable for Sexual Assaults?

Uber and Lyft may face liability when their safety failures enable assaults. Despite classifying drivers as independent contractors, courts increasingly hold these companies liable when their conduct endangers riders:

  • Background check failures, which are most glaring when a driver has prior sexual assault allegations or a criminal history that the company ignored or failed to uncover
  • Ignored complaints, including from riders who reported harassment, inappropriate behavior, or assault (only for Uber or Lyft to respond inadequately to such complaints)
  • Technology failures, including when safety features malfunction or companies disable such protections

K.S.A. 8-2708 details the automobile bodily injury insurance coverage that rideshare companies must maintain in Kansas. Harm caused during a sexual assault may qualify you to file a claim under this coverage if the rideshare company was negligent in failing to protect you. Similar insurance requirements also apply to rideshare companies operating in Missouri.

Traditional Taxi Companies Face Different Standards

Taxi companies often have more direct liability than rideshare companies because they often employ drivers rather than classifying them as independent contractors. Under Missouri’s common law doctrine of respondeat superior, an employer can be held liable for harmful acts committed by an employee within the scope of their employment. If a taxi company employs a driver who assaults a passenger during the course of their work, that company may face direct liability.

Evidence Used in Your Civil Sexual Assault Case

Our legal team will need to prove several facts throughout the course of your case. Whether we are proving that Uber or Lyft endangered you through negligent action, that a taxi company employee committed the assault, or other points that are critical to your case’s success, we may use:

  • Trip records from the app that may help confirm the accuracy of your account
  • Relevant communications that may include in-app messages, text messages, and calls between you and the driver or company
  • Witness statements, which may come from parties who saw the assault, anyone you told about the assault shortly after it occurred, medical providers, and other informed parties
  • Medical records documenting assault-related injuries
  • Any police reports related to the assault
  • Company complaint records showing your report or previous reports about the offending driver

The more supporting documentation and evidence we have, the stronger your case is likely to be.

What Compensation May Be Available After a Rideshare or Taxi Sexual Assault?

Sexual assault claims against transportation companies may include multiple forms of damages, with the primary categories being:

  • Economic damages include medical expenses for assault-related care, therapy and counseling, reduced earning capacity, and any other financial costs resulting from the assault
  • Non-economic damages compensate for pain and suffering from both physical injuries and ongoing psychological trauma
  • Punitive damages under RSMo § 510.261 (Missouri) and K.S.A. 60-3701 (Kansas) when the legal standard for intentional or reckless conduct is met

Neither Missouri nor Kansas currently caps damages in sexual assault cases, allowing juries to award amounts that truly reflect the harm suffered.

 

Why Wendt Law Firm Is the Right Advocate for Your Rideshare or Taxi Sexual Assault Case

We’ve represented survivors in cases against major rideshare companies and taxi companies. We understand the specific challenges of these cases, as well as the uniquely compassionate, urgent representation that survivors need from us.

Our approach prioritizes your privacy and control over critical case decisions. We will do the legal work, but there will be no doubt that this is your case.

We are prepared to:

  • Immediately preserve relevant digital evidence
  • Identify all potentially liable parties (beyond just the driver or other person who assaulted you)
  • Obtain negligent companies’ internal records through aggressive discovery
  • Consult with experts on industry safety standards, medical matters, and the effects of trauma on sexual assault survivors

We won’t undervalue your case. We will evaluate the full scope of your damages, both current and future, and won’t recommend settlement unless doing so truly serves your interests.

Our contingency fee structure means you pay nothing unless we recover compensation, and we want you focused on healing while we handle every step of your case.

FAQs: Sexual Assault in Rideshare and Taxi Vehicles

How Long Do I Have to File a Lawsuit?

The answer depends on your age at the time of the assault and where it occurred. In Missouri, RSMo § 537.046 gives survivors of childhood sexual abuse until age 31 to file a civil claim (10 years after turning 21), with a discovery rule exception. Adult survivors of sexual assault in Missouri face shorter deadlines, generally five years from the incident. In Kansas, K.S.A. 60-523 gives childhood sexual abuse survivors 13 years after turning 18 (effectively until age 31), with a three-year lookback window if the perpetrator is convicted.

Will My Name be Public?

Kansas and Missouri law recognize the importance of protecting the privacy of sexual assault victims. Courts may allow certain protections in civil cases to limit the disclosure of identifying information. We will do everything we can to protect both your safety and your privacy.

What if the Driver was Never Criminally Charged?

You can pursue civil liability regardless of whether criminal charges were filed or resulted in a conviction.

A Kansas City Sexual Assault Lawyer Can Determine Liability

If you have been sexually assaulted, determining who can be held legally responsible is a key step toward justice and healing. Our compassionate attorneys at Wendt Law Firm offer free confidential consultations to explore your legal options today.

Call us today at (816) 531-4415 or contact us online for your free consultation with our Kansas City sexual assault attorney.

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