Over 100 cases alleging that an Uber driver sexually assaulted a passenger and that Uber failed to take appropriate actions to prevent a known problem have been filed in federal court in Multidistrict Litigation (MDL) No. 3084, In re Uber Technologies Inc. Passenger Sexual Assault Litigation. In addition to survivors getting their voices heard, the lawsuits against Uber have already produced a lot of good. If you experienced a sexual assault including rape, inappropriate touching, or non-consensual kissing by an Uber driver, talk to an Uber sexual assault lawyer to learn your rights. At Simmons and Fletcher, P.C., Injury & Accident Lawyers, we have been helping people get the compensation they deserve since 1979. Our consultations are free and there are no attorneys’ fees nor attorneys’ expenses charged to you unless a recovery is made. Call 800-298-0111 to learn more.
Uber Sexual Assaults are Not the Survivor’s Fault
Getting into a car with someone you don’t know is hard enough without having to fear being violated. Sometimes it’s the “safe” choice not to drive. Sometimes it’s the only choice when you do not have a car. But it should never be the wrong choice because the driver you paid to get you somewhere safely attacks you. It is never your fault. If you are a survivor of sexual assault by an Uber driver, know that survivors just like you are fighting back!
History Behind the Uber Sexual Assault Lawsuits
History Behind the Uber Sexual Assault LawsuitsIn the fall of 2017, a pair of lawsuits were filed by women alleging they had been raped by Uber drivers while riding as passengers. Shortly thereafter, more lawsuits followed. At the start, they faced a problem. The Uber app, like many rideshare and rental-type apps, had some fine print that requires all disputes to be solved in arbitration. It also prohibited class-action lawsuits by forcing riders to agree not to participate in them. Ultimately, Uber agreed to waive the arbitration requirement, however, they chose to enforce the prohibition against these women joining together in one fight as a class action lawsuit.
In 2019, a CNN investigation exposed a pattern of sexual assaults in Uber vehicles were happening. Shortly afterward, Uber released a report and promised to do so every two years detailing the number of assaults and sexual assaults reported involving Uber drivers and their passengers. The first report covered 2017-2018. During that time, 5981 sexual assault-type incidents were documented involving an Uber of which 45% were the passengers according to Uber. 92% of the victims that reported being raped were passengers, however, and of those 89% were female. More individual Uber sexual assault lawsuits continued to be filed.
The second report released by Uber covered 2019 and 2020. It showed a reduction in the numbers. But it also covered the period during the COVID shut down—which sidelined thousands of drivers. This report showed 3824 sexual assault-type incidents including 389 rapes. 91% of the rape victims were riders and 81% of those were women. Individual Uber sexual assault survivors continued to come forward with more lawsuits but no joinder seemed possible.
The Judicial Panel on Multidistrict Litigation Convenes
In the federal court system, there is a tool that can be used to consolidate similar cases so that costs of discovery, expert witnesses, and litigation are shared by the group. It is similar to a class action in this manner. However, to use this tool, you must submit the issue to the Judicial Panel on Multidistrict Litigation (JPML) to decide whether they agree it is appropriate and warranted. The survivors’ attorneys wanted it since their numbers were over 80 now. Uber did not want it to happen. On October 4th, 2023, the JMPL decided that an MDL was appropriate and MDL 3084, In re Uber Technologies Inc. Passenger Sexual Assault Litigation, was formed in the United States District Court for the Northern District of California.
The Current State of the Uber Sexual Assault Litigation
All cases filed in the federal court system must go into MDL 3084 or be transferred there if pending in another federal court. The number of survivors filing claims has now hit the 100 mark and is expected to rise into the thousands with there being over 8000 known reports of inappropriate sexual conduct and who knows how many went unreported. Statistics have shown that survivors’ feelings of guilt, shame, and fear cause only 19% of rape victims to ever come forward.
Good Things Coming from Uber Sexual Assault Litigation
In addition to the survivors getting their voices heard and a chance at obtaining justice, the Uber sexual assault lawsuits are already effecting change. The awareness and recognition of the need to change have been brought to light. The survivors’ fight for justice is still underway, but they were not the only part with an interest in the sexual assault problem. The California Public Utilities Commission Consumer Protection and Enforcement Division also sued Uber to force the disclosure of information related to the rideshare driver vs passenger sexual assault problem. That litigation resulted in a $9,150,000.00 dollar settlement with Uber. The funds were paid by Uber as follows:
- $5 million to the California Victims Compensation Board to be used for the victims of violence and sexual violence.
- $4 million for efforts to address physical and sexual violence in the passenger carrier industry, including contracts to be managed by CPED for the following:
- An industry-wide evaluation of existing protocols and practices for classifying and reporting violence, including sexual violence.
- Development of recommendations for industry-wide best practices for receiving, reporting, and responding to complaints of violence, including sexual violence.
- Development of industry-wide education, outreach, and training on all forms of violence prevention, including sexual violence in the passenger carrier industry.
- $150,000 was paid to the California General Fund.
In addition to the above, in 2018 Uber introduced a process of using technology to monitor criminal records to weed out existing and potential drivers whose backgrounds suggest they may be a risk to customers’ safety. Uber reports that 80,000 drivers have been weeded out by this tool. These changes are a far cry from the justice and compensation that the survivors of sexual assaults by Uber drivers deserve. However, these changes have to potential to prevent thousands more from having to endure what these plaintiffs have gone through. In that respect, they have already won by drawing attention to the need for change and starting the wheels in motion to make it a reality.
Frequently Asked Questions About Uber Sexual Assault Cases
Will my rape be made public if I bring a lawsuit against Uber for sexual assault by an Uber driver?
No. Your identity can be protected. Thanks to a procedure that allows victims of sensitive crimes to file the lawsuit as a “Jane Doe” or “John Doe” plaintiff, your name can be shielded from being released to the public. In fact, the Judge overseeing the MDL has already entered a Court Order that all parties wishing to proceed anonymously may do so using either their initials or “Jane Doe” instead of their name in all filings and will only have to release their names under seal and/or confidentiality order to Defendants upon a specific request for purposes consistent with the litigation.
Who will handle my case?
You will work with a team of qualified sexual assault lawyers and legal professionals combining resources as cocounsel to ensure access to a combined wealth of counselors, psychiatrists, victims’ advocates, medical experts, and forensic experts to provide you with the support you need.
What is the Statute of Limitations for an Uber Sexual Assault Case?
The statute of limitations for a sexual assault case depends on what state the assault takes place in. In recent years, many states have extended the civil statute of limitations for sexual assault crimes. For example, the Texas Statute of Limitations for sexual assault for an adult victim is 5 years. Additionally, 22 states have enacted “lookback” laws that reopened the statute of limitations for past sexual assaults for a limited time (usually 1-3 years from enactment). To determine which statute of limitations applies, you will need to talk to a sexual assault lawyer about your case.
Free Consultation
Taking the first step towards seeking the justice you deserve is always big, but you are a survivor. You have already endured the worst imaginable part. You do not have to endure this alone. It is time you let an Uber sexual assault lawyer take up your fight. Call or email us to set up your free case evaluation today. Call 800-298-0111. The consultation is 100% free and confidential.
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