How Victims Can File Both Civil and Criminal Claims After an Uber Sexual Assault

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Experiencing sexual assault in an Uber ride is a deeply traumatic event. Survivors often find themselves overwhelmed, confused, and uncertain about their legal rights or what steps to take next. One of the most frequently asked questions is whether it’s possible to both press criminal charges against the Uber driver and sue for damages—either the driver, Uber as a company, or both.

The short answer is: yes, you can do both.

The criminal and civil legal systems operate independently, but they can work in tandem to help survivors pursue justice, safety, and compensation. Taking action in both arenas is referred to as a dual-track legal strategy, and for many survivors, it’s the most comprehensive approach to accountability and healing.

This guide explains the difference between civil and criminal claims, how to initiate both processes, what legal theories may apply to Uber as a corporation, and how to get the help you need.

 

Understanding Your Legal Rights as a Survivor

Sexual assault is a violation of both criminal law and civil law. Survivors are entitled to seek justice through both systems. While they are separate legal tracks, they serve complementary purposes:

• Civil law allows survivors to seek monetary compensation for the harm caused by the assault. This includes emotional trauma, medical expenses, lost income, and other damages. Civil claims are brought by the survivor, often with the help of a personal injury or civil rights attorney.
• Criminal law, on the other hand, is focused on punishing the offender. Criminal charges are brought by the state or local government. If the driver is found guilty, they may face jail time, probation, fines, or be required to register as a sex offender.

You are not forced to choose between these two routes. Pursuing both is a valid and frequently used legal strategy, especially in cases involving corporate entities like Uber.

 

Filing a Civil Lawsuit Against Uber or the Driver

A civil lawsuit allows survivors to pursue financial compensation for the damages they’ve suffered. These damages may be physical, emotional, or financial, and they are meant to help the survivor recover and rebuild.

Who Can Be Sued?

In rideshare sexual assault cases, potential defendants include:

• The Uber driver, who committed the assault.
• Uber Technologies Inc., which may be liable if its policies or failures contributed to the assault.
• In some cases, third parties such as background check companies or Uber subsidiaries.

The specific defendants in a civil case will depend on the facts and evidence.

Legal Theories That May Hold Uber Liable

While Uber often tries to classify its drivers as independent contractors to limit liability, plaintiffs have successfully brought claims against the company using several legal theories:

• Negligent hiring: Uber may be liable if it failed to screen drivers properly or hired someone with a known history of violence or sexual misconduct.
• Negligent supervision: If Uber ignored red flags, customer complaints, or failed to monitor driver behavior adequately, it may be liable.
• Negligent retention: If Uber allowed a driver with a history of misconduct to remain active on the platform, it could be responsible for failing to protect future passengers.
• Failure to warn: In some jurisdictions, a company may be liable for failing to notify users of known risks associated with its service.

Each of these legal theories depends on the specific facts of the case, but they demonstrate the possible avenues for holding Uber financially accountable.

Damages in Civil Lawsuits

Survivors may be entitled to several types of damages:

• Medical bills and future medical costs
• Psychological therapy and counseling
• Lost wages or loss of earning capacity
• Pain and suffering
• Emotional distress
• Punitive damages (in extreme cases)

Punitive damages are not awarded in every case, but in situations where a company’s behavior is especially reckless or egregious, they may be added to punish the wrongdoer and deter future misconduct.

Burden of Proof in Civil Court

Unlike criminal cases, civil lawsuits do not require proof beyond a reasonable doubt. Instead, plaintiffs must show that the assault and resulting harm occurred by a preponderance of the evidence—meaning it is more likely than not that the claims are true. This lower threshold can make civil court a more accessible path to justice, especially in cases where a criminal conviction is not secured.

 

Pressing Criminal Charges Against the Uber Driver

Filing criminal charges is a separate process from suing in civil court, and it typically begins with a police report. Survivors should report the assault as soon as they feel safe and ready, either by calling 911, visiting a local police station, or submitting an online report where available.

Once reported, the steps typically include:

1. Law enforcement investigation – This may involve interviews, physical evidence collection, and reviewing digital records (e.g., rideshare logs or text messages).
2. Prosecutorial review – If police find sufficient evidence, the case is forwarded to the district attorney or another prosecutor.
3. Formal charges – The state, not the survivor, files the charges and becomes the prosecuting party.
4. Legal proceedings – This may include pre-trial motions, plea deals, a full trial, and sentencing if the defendant is found guilty.

Survivors may be asked to testify during trial, but victim advocates and prosecutors can provide guidance and accommodations to reduce trauma during this process.

Criminal Penalties

If convicted, the Uber driver could face:

• Jail or prison time
• Probation or supervised release
• Fines
• Mandatory registration as a sex offender
• Permanent criminal record

These outcomes aim to punish the offender and protect the public from further harm.

 

Comparing Civil and Criminal Legal Paths

While both civil and criminal actions relate to the same incident, they function very differently.

Legal Aspect	Civil Lawsuit	Criminal Prosecution
Who initiates the case	Survivor (plaintiff)	State/government (prosecutor)
Purpose	Financial compensation	Punishment and justice
Outcome	Monetary damages	Jail, probation, or other penalties
Standard of proof	Preponderance of the evidence	Beyond a reasonable doubt
Survivor’s role	Plaintiff, controls the case	Witness or victim, limited control

 

Pursuing Both: The Dual-Track Legal Strategy

The dual-track strategy involves simultaneously or sequentially pursuing both civil and criminal claims. These cases do not interfere with one another, but their timelines may interact.

For example, a criminal trial might delay civil proceedings. On the other hand, evidence from a criminal case—like police reports, victim statements, or witness testimony—may strengthen a civil claim.

Attorneys experienced in handling both types of cases can help coordinate efforts between civil and criminal courts. In some cases, civil attorneys may work with prosecutors to ensure the survivor’s best interests are represented in both venues.

 

Support for Survivors: Legal and Emotional Resources

Taking legal action can be emotionally exhausting. Building a support network is essential.

Legal Help:

• Seek an attorney who specializes in personal injury, sexual assault, or civil rights litigation.
• Many attorneys offer free consultations and take cases on a contingency fee basis—meaning you pay nothing unless you win.
• Specialized firms often have experience dealing with rideshare assault cases.

Emotional and Advocacy Support:

• RAINN (Rape, Abuse & Incest National Network) offers a 24/7 national hotline (800-656-HOPE) and confidential chat support.
• National Sexual Violence Resource Center (NSVRC) provides educational materials and connections to local services.
• Local rape crisis centers and domestic violence shelters often offer legal referrals, counseling, and safety planning.

 

Common Legal and Procedural Challenges Survivors May Face

While pursuing legal action, survivors may encounter:

1. Uber denying responsibility or blaming the driver’s independent status
2. Difficulty locating or identifying the driver
3. Delays in police investigations or lack of charges
4. The emotional toll of recounting the assault repeatedly
5. Lack of awareness about the dual-track legal option

Despite these challenges, survivors have rights, and experienced legal professionals can help navigate the system effectively.

 

What to Do Next: How to Begin Your Legal Journey

If you or someone you know has experienced sexual assault during an Uber ride, here are the first steps to consider:

1. Contact a qualified attorney with experience in rideshare assault cases.
2. Report the incident to law enforcement if you feel safe doing so.
3. Preserve any evidence—screenshots, trip records, medical documents.
4. Reach out to support organizations for counseling and guidance.

 

Frequently Asked Questions

Can I press charges and sue Uber at the same time?

Yes, absolutely. Criminal prosecution and civil lawsuits are two distinct legal avenues that serve different purposes. The criminal case is pursued by the state to hold the offender accountable through penalties like jail time, while the civil case allows you to recover financial compensation for the harm you suffered. These processes can happen concurrently and are often handled by different professionals—prosecutors for criminal charges and private attorneys for civil claims.

Is Uber automatically responsible for what its drivers do?

No, Uber is not automatically liable for every action a driver takes. However, Uber can be held responsible if it can be proven that the company was negligent—for example, by failing to conduct proper background checks or ignoring reports of inappropriate behavior. Courts are increasingly scrutinizing Uber’s safety policies and the level of control it exerts over its drivers, which can open the door for corporate liability in certain cases.

What if the driver is not convicted in criminal court?

Even if a criminal case does not result in a conviction, you may still have a strong civil case. Civil lawsuits operate under a lower standard of proof—known as a “preponderance of the evidence”—so you don’t need to meet the high threshold required for criminal convictions. Many survivors win civil cases even when the criminal case fails or is never filed due to insufficient evidence for prosecution.

How long do I have to file a civil lawsuit against Uber or the driver?

The time limit for filing a civil lawsuit, known as the statute of limitations, varies by state and by the type of case. Some states allow survivors of sexual assault extra time to file claims, particularly if trauma delayed their ability to come forward. In some jurisdictions, you may have several years to file, especially under recent extensions to legal deadlines related to sexual assault. However, acting sooner increases your chances of gathering evidence and building a stronger case.

Do I need a lawyer to file a civil lawsuit or press charges?

You do not legally need a lawyer to report a crime or press charges, but having one is highly recommended. A qualified attorney can help you understand your rights, guide you through complicated legal procedures, and represent your interests in court. For civil lawsuits, especially those against powerful corporations like Uber, having experienced legal counsel is essential. Many lawyers offer free consultations and contingency arrangements, so cost should not be a barrier to getting help.

 

Final Thoughts: Take the First Step Toward Justice

If you’ve been sexually assaulted during an Uber ride, know that you have options. You can press criminal charges to seek justice through the criminal system, and you can file a civil lawsuit to pursue compensation for the harm you’ve suffered. These paths are not mutually exclusive and may even reinforce one another.

The process can be difficult, but you don’t have to go through it alone. With the right support and legal guidance, you can take meaningful steps toward justice and healing.

 

Contact The Epstein Law Firm, P.A., Today

If you’re considering taking legal action against Uber or a rideshare driver, contact a qualified attorney today for a free consultation. Time limits apply, and early action helps protect your rights. Find a lawyer who understands rideshare assault cases and is committed to advocating for survivors.

Your voice matters. Your rights matter. Your pursuit of justice matters.