In an Uber sexual assault lawsuit in Chicago and throughout Illinois, the driver who committed the assault is the most obvious defendant, but they are not necessarily the only one. Uber itself may also be held liable if the company failed to take reasonable steps to protect its passengers. While you may already know that you can take legal action against the driver individually, you might not understand the full scope of your options when it comes to holding the company liable as well.
Since Illinois law imposes heightened duties on companies that transport passengers for hire, you may have solid grounds to pursue a claim against Uber directly as well. An experienced personal injury attorney in Chicago can guide you through the process. Until then, read on for further information.
The Driver
The individual who committed the assault can be sued in a civil lawsuit regardless of whether criminal charges have been filed. A civil case operates on a lower burden of proof than a criminal prosecution. Rather than proving guilt beyond a reasonable doubt, you only need to show that the assault more likely than not occurred.
If your claim is successful, the driver can be held personally liable for the economic and non-economic damages related to the harm they caused.
Uber Itself
Uber has long maintained that its drivers are independent contractors rather than employees. The company uses this classification to argue that it should not be held responsible when a driver harms a passenger. However, that argument has not stopped courts from allowing claims to move forward against the company on other legal grounds.
One of the most common theories is negligent hiring and screening. Uber is responsible for vetting the people it allows onto its platform, and if the company’s background check process failed to flag a driver with a history of violent or predatory behavior, it may bear liability for that failure. Other theories that survivors have used to hold Uber accountable include:
- Failing to remove a driver from the platform after receiving prior complaints about misconduct
- Not implementing adequate in-app safety features despite having the resources to do so
- Marketing the service as safe while knowing that assaults were occurring at alarming rates
- Failing to respond appropriately when passengers reported concerning driver behavior
Thousands of sexual assault claims have been filed against Uber in recent years, and many of them have been consolidated into a federal multidistrict litigation for coordinated pretrial proceedings. The volume of claims alone suggests a pattern that goes beyond isolated incidents.
Common Carrier Liability in Illinois
Illinois law holds companies that transport the public to a higher standard of care than ordinary businesses. Per the state’s common carrier liability laws, Uber may owe its passengers a duty that goes beyond what a typical independent contractor relationship would suggest. If the company failed to meet that heightened standard and a passenger was harmed as a result, this legal theory could strengthen your claim significantly.
Contact an Chicago Sexual Assault Attorney for Help With Your Case
If you were sexually assaulted by an Uber driver in Chicago, Illinois, there are two important things to know. One is that you may be able to file a civil sexual abuse lawsuit for compensation in Chicago, and two is that liability may extend well beyond the driver alone.
Contact Meyers & Flowers today to schedule a free consultation at (630) 394-5189. We’ve recovered billions of dollars on behalf of our clients and will work just as hard to help you secure the results you need and deserve.