The Legal Framework for Rideshare Liability in Austin
Transportation network companies like Uber and Lyft are recognized under the law as common carriers with a heightened duty of care to their passengers. Texas courts have increasingly held that classification of drivers as independent contractors does not fully insulate these companies from civil liability when a passenger is harmed through the company’s negligence.
Negligent Hiring: Failure to conduct meaningful background screening before allowing a driver onto the platform — including failures to identify prior criminal history or reports of misconduct.
Negligent Retention: Continuing to permit driver access to the platform after receiving complaint information or red-flag indicators that should have prompted investigation or termination.
Platform Design Liability: Platform design decisions — how driver identity is disclosed, how safety features are implemented, how complaint responses are handled — have been cited in litigation as creating foreseeable harm that the companies could have reduced or prevented.
What Qualifies as Rideshare Sexual Assault in a Civil Claim
Tier 1 — Severe Sexual Assault: Rape, anal intercourse, digital penetration, forced manual stimulation, forced oral copulation. These typically give rise to the strongest civil claims and may occur alongside criminal prosecution.
Tier 2 — Sexual Misconduct: 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.
Both tiers can support civil claims under Texas law, independent of whether criminal charges are filed. Civil cases proceed under a preponderance of evidence standard — lower than the criminal beyond-a-reasonable-doubt threshold.
Texas civil claims for sexual assault are subject to a two-year statute of limitations under CPRC § 16.003 from the date of the incident. Evidence including GPS trip records, in-app communications, and surveillance footage can be lost quickly — speaking with an attorney earlier in the process helps preserve what is available.
FAQ
Contact Edward O. Moody, P.A. for a confidential consultation about your Austin rideshare sexual assault case. Call 501-376-0000.

