Why Rideshare Companies May Be Legally Liable in San Antonio
Transportation network companies like Uber and Lyft are recognized under the law as common carriers, which means they owe a heightened duty of care to their passengers. This standard includes conducting thorough background checks, monitoring driver behavior, and taking appropriate action when misconduct is reported.
Texas courts have increasingly held that classification of drivers as independent contractors does not shield rideshare companies from all liability for sexual misconduct. The legal theories supporting company liability in San Antonio cases include:
Negligent Hiring: Failure to conduct meaningful background screening before allowing a driver onto the platform.
Negligent Retention: Continuing to allow a driver’s access to the platform after receiving complaint information or red-flag indicators.
Platform Design Liability: Design decisions — including how driver identity is presented, how complaints are processed, and how safety features are implemented — that created foreseeable harm.
Categories of Rideshare Misconduct Recognized in Civil Claims
Tier 1 — Severe Sexual Assault: Rape, anal intercourse, digital penetration, forced manual stimulation, and forced oral copulation. These are the gravest forms of misconduct and typically give rise to the strongest civil claims.
Tier 2 — Sexual Misconduct and Unwanted Contact: Unwanted touching or attempts to touch intimate body parts including breasts, buttocks, genitals, or inner thighs, over or under clothing; indecent exposure with physical contact; driver masturbation in the passenger’s presence.
Civil cases have a lower burden of proof than criminal trials, and a civil claim can proceed independently of or simultaneously with any criminal prosecution.
Texas civil claims for sexual assault are generally subject to a two-year statute of limitations under CPRC § 16.003. Acting sooner helps preserve evidence — GPS records, trip data, surveillance footage, and in-app communications can be lost or overwritten over time.
FAQ
Contact Edward O. Moody, P.A. for a confidential consultation about your San Antonio rideshare sexual assault case. Call 501-376-0000.

