A survivor of sexual assault during or around an Uber, Lyft or other rideshare trip in California may be able to sue the person responsible for money damages and, in some cases, the rideshare company. The civil claim is separate from any criminal case and has its own deadlines.
If you were sexually assaulted during or around an Uber, Lyft or other rideshare trip in California, you may be able to bring a civil lawsuit for money damages against the person who assaulted you and, in some cases, against the rideshare company itself. That civil claim is separate from any criminal case and has its own deadlines.
What 'Rideshare Sexual Assault' Means as a Legal Matter
California civil law gives a survivor a right to sue for sexual battery under Civil Code section 1708.5. In plain terms, the statute covers intentional, sexually offensive contact with an intimate part of another person, and certain related conduct, without consent. "Offensive contact" is defined as contact that "offends a reasonable sense of personal dignity." The statute also states the remedy directly:
"A person who commits a sexual battery upon another is liable to that person for damages, including, but not limited to, general damages, special damages, and punitive damages."
"Rideshare sexual assault" is not a separate legal category. It describes a range of nonconsensual sexual conduct connected to a rideshare trip, from unwanted touching, groping and exposure to rape. Depending on the conduct, more than one legal claim may apply, including sexual battery and negligence.
Uber and Lyft are the dominant platforms in California, but the same principles apply to any app-based ride service. Justice for Survivors handles individual civil claims under California law for survivors of adult sexual assault and related harm.
A civil claim does not depend on a criminal case. A survivor can pursue civil remedies whether or not police were called, charges were filed or anyone was convicted. The differences between the two systems are explained in more detail in our guide to civil versus criminal cases.
How California Law Holds Rideshare Companies Responsible
The individual who committed the assault can be named in a civil lawsuit. Whether the platform can also be named depends on several legal theories, and some of them are still being worked out in California courts.
Respondeat superior and the contractor question. Respondeat superior (the rule that an employer can be responsible for wrongs its employee commits on the job) is the usual route for holding a company liable for a worker's conduct. Rideshare companies classify drivers as independent contractors rather than employees, which the companies argue limits this theory. Driver classification has been contested in California for years, including through AB 5 and Proposition 22, and the answer for a given claim is not simple.
Negligent hiring, retention and supervision. These theories focus on the company's own conduct rather than the driver's employment status. The questions are whether the platform took reasonable care in screening drivers, in responding to prior complaints, and in deciding whether to keep someone on the platform. A claim of this kind asks what the company knew, or should have known, and what it did about it.
The common carrier duty. California places a heightened duty on businesses that transport people for payment. Civil Code section 2100 provides:
"A carrier of persons for reward must use the utmost care and diligence for their safe carriage, must provide everything necessary for that purpose, and must exercise to that end a reasonable degree of skill."
A common carrier (a business that offers transportation to the public for a fare) has traditionally included buses, taxis and similar services. Whether rideshare platforms are common carriers is a question California courts have been asked to address, and it is not fully settled.
Platform safety systems. In practice, negligence claims against platforms often turn on concrete details: how thorough background checks were, how in-app safety reports were handled, and how the company decided whether to deactivate a driver after complaints.
Filing a Civil Lawsuit: What the Process Looks Like
A civil claim generally moves through these stages:
- Consultation. A private conversation about whether a claim may exist and what deadlines apply.
- Investigation and evidence preservation. Gathering available records and sending preservation requests to the platform.
- Demand or filing. Either a written demand to the defendants or a complaint filed in California superior court.
- Discovery. The formal exchange of documents and testimony between the parties.
- Resolution. Most civil cases resolve by settlement; some proceed to trial.
Trip records, in-app messages, GPS data and driver assignment information are held by the platform, not the rider. An attorney can ask that this data be preserved under a litigation hold (a legal obligation to keep relevant records once a claim is anticipated).
California law allows a plaintiff to seek compensatory damages, which can include medical care, therapy, lost earnings and pain and suffering. In appropriate cases, a plaintiff may also seek punitive damages (an additional award meant to punish especially wrongful conduct, not to repay a loss).
The California Courts self-help center offers a general orientation to how civil cases proceed in California.