Rideshare services are an ever more popular way of getting around. But when a rideshare driver or a passenger commits an assault, it can be traumatic. Depending on the perpetrator, Texas law holds that person responsible in several ways. That person may face criminal penalties for their actions, and you may be owed substantial compensation for what happened to you. You may be able to hold the perpetrator, the rideshare company, or other party financially liable for your injuries.
At Edward O. Moody, P.A., our Texas rideshare assault lawyers are here to help. We help you know your rights as a victim and the compensation that may be available to you.
Criminal Laws That Protect Victims of Rideshare Assault
Texas criminal law can help protect victims. The Texas Penal Code prohibits a wide range of criminal conduct, such as:
- Unwanted touching
- Sexual assault
- Aggravated sexual assault
- Physical assault
- Theft
- Robbery
Much more is covered by Texas criminal statutes. Depending on what happened to you, law enforcement is ready to collect evidence and charge the person who hurt you.
The criminal cases focuses on prosecuting and punishing the person who hurt you. It is not designed to provide you compensation. For that, a civil claim is the right course.
Seek Compensation Through a Texas Civil Claim
If you were injured in a rideshare assault, you could seek damages in a civil lawsuit. Civil claims are focused on financial recovery for what you’ve been through. This might include, but is not limited to:
- Past and future medical costs
- Costs of rehabilitation
- Therapy expenses
- Personal property loss
- Pain and suffering
- Psychological trauma
- PTSD
Who Might Be Liable for Your Injuries
Depending on what actually happened in the assault, the following parties could be responsible:
- The individual offender for the acts they carried out
- The rideshare company for hiring a driver or failing to keep things safe
- A third party, such as a property owner or business, if unsafe conditions contributed to the assault
Rideshare companies are not necessarily liable for every single assault. But, if their negligence played a role, they could be responsible. This could apply if the company:
- Didn’t remove a driver that had prior complaints
- Ignored red flags
- Ignored safety concerns
- Failed to follow their own background check policies
Rideshare Companies Have Safety Obligations
Companies like Uber and Lyft often say their drivers are independent contractors to attempt to get out of responsibility for them. However, courts have increasingly held that these companies must:
- Conduct meaningful background checks
- Not permit violence and misconduct
- Respond promptly to safety complaints
- Remove dangerous drivers from the platform
- Maintain in-app safety features and warnings
If the rideshare company knew about risks and failed to act, they could be financially liable.
Evidence That Can Strengthen Your Case
Your case will likely be more successful based upon the quality of the evidence you present. Evidence that can be helpful includes:
- In-app trip data
- Messages or calls using the rideshare app
- Dashcam or surveillance footage, if available
- Medical records documenting injuries
- Police reports and witness statements
- Prior complaints or safety reports involving the driver
Many victims can request records from the rideshare company during a civil case. The exchange of information can occur either before or during a legal case, depending on the level of cooperation from the rideshare company. Preserve any evidence you have early to provide to your attorney.
Get Help After a Texas Rideshare Assault
Our legal team knows how to protect your rights after a Texas rideshare assault. Knowing what to do after a rideshare assault can make a big difference in your case. We help clients seek the compensation they deserve for their injuries, both physical and mental.
Let the dedicated rideshare injury attorneys at Edward O. Moody, P.A. review your case. Contact us today for a consultation.