You trusted the app to get you home safely. The company should answer for what happened instead.
Every day, people in Marin County and across the Bay Area get into a stranger’s car because an app told them it was safe. Rideshare companies have acknowledged thousands of sexual assaults reported during rides, and those are only the ones reported. When a driver assaults a passenger, the company’s first response is often to describe the driver as an “independent contractor” and deny that it bears any responsibility for putting him behind the wheel.
Michael Wear spent years on the Special Victims Unit prosecuting rape and sexual assault. He knows how to work with a survivor, how to build a case around a survivor’s account, and how to confront the tactics used to discredit people who come forward. At Wear Trial Law, survivors of rideshare assault work only with him, and the process moves at their pace.
A Criminal Case Is Not the Only Path
A sexual assault by a rideshare driver is a crime, and reporting it to law enforcement matters. But a criminal prosecution, if one is brought, is controlled by the government, requires proof beyond a reasonable doubt, and does not compensate the survivor.
A civil case is yours. It requires a lower standard of proof, it can proceed whether or not charges are filed, and it can hold accountable not only the driver but the company whose decisions made the assault possible.
Holding Uber and Lyft Accountable
Claims against rideshare companies in assault cases focus on what the company knew and what it failed to do:
- Inadequate background checks that missed criminal history, prior complaints, or identity fraud
- Failing to act on prior complaints about the same driver
- Failing to implement safety measures the company knew were available, such as in-ride recording, rider-driver matching options, and real-time monitoring
- Misrepresenting the safety of the service to the public
- Negligent retention of drivers with a record of misconduct
Coordinated litigation over Uber’s handling of sexual assaults is ongoing in both California state court and federal court. Wear Trial Law can evaluate whether your case belongs in those proceedings or should proceed on its own, and Michael remains your direct point of contact either way.
Wear Trial Law also represents victims of other driver misconduct, including physical assault, kidnapping and false imprisonment, harassment, and stalking after a ride.
Why a Former SVU Prosecutor
Sexual assault cases are unlike other injury cases. There is rarely a witness. The defense strategy is almost always to attack the survivor’s credibility, memory, and choices. Trauma affects how people remember and how they tell their story, and a lawyer who does not understand that will lose the case before it starts.
Michael tried these cases to juries for years. He has interviewed hundreds of survivors, worked with sexual assault response teams and forensic examiners, and presented survivors’ accounts in court with care and strength. He also led a Consumer Protection Department that held corporations accountable for misrepresenting their products to the public. Rideshare assault cases sit exactly at the intersection of those two careers.
What to Do After a Rideshare Assault
- Get to safety. Call 911 if you are in danger.
- Get medical care. A medical exam can treat injuries and, if you choose, preserve forensic evidence. You can decide later whether to involve police.
- Report to police when you are ready. A report supports both a criminal investigation and your civil case.
- Preserve the ride details. Screenshot the trip in the app: driver name, photo, vehicle, route, and times. Do not delete the app or your ride history.
- Report to the company through the app, but keep it factual and brief. Do not sign anything or accept any offer.
- Save everything: texts, in-app messages, receipts, clothing, photos, and the names of anyone you told.
- Contact Michael. The company begins protecting itself immediately. You should have someone protecting you.
Frequently Asked Questions
FAQ
Yes. Delayed reporting is common among sexual assault survivors, and it does not defeat a civil claim. Michael has worked with hundreds of survivors and understands why people wait.
Rideshare terms of service contain arbitration clauses, but the law now allows survivors of sexual assault and sexual harassment to reject arbitration and proceed in court. Michael will address this at the outset.
Courts routinely allow survivors of sexual assault to proceed under initials or a pseudonym, and there are other procedures to protect your privacy. Michael will explain your options before anything is filed.
Yes. The civil case is independent of the criminal process and requires a lower standard of proof.
Claims involving sexual assault may have longer deadlines under California law than ordinary injury claims, and the timeline depends on your age at the time and other factors. Contact Michael as soon as you are able so evidence can be preserved.
Nothing up front. These cases are handled on a contingency fee: you pay no attorney’s fee unless there is a recovery, and how case costs are handled is explained in writing before you sign anything. The consultation is free and confidential.
You Are Not Alone. Talk to Michael.
Speak directly with Michael Wear in a free, confidential consultation. He will listen, explain your options, and never pressure you to move faster than you are ready to.
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