Proving Liability in Albuquerque NM Rideshare Sexual Assault Claims

If you have been sexually assaulted while using a rideshare application in Albuquerque, you are not alone. There were 3,824 cases of sexual assault noted in a 2020 Uber report.

Sexual assault is difficult crimes to prosecute because the majority are not reported and only half of all reports will lead to an arrest according to RAINN. To New Mexico rideshare assault lawyers at Carabin Shaw you are more than just a statistic.

Both Lyft and Uber have outstanding legal actions against them because of their failure to protect their users and drivers from sexual assault. While proving liability in Uber or Lyft assault cases is the responsibility of the plaintiff, for the first time, there is a precedent of what that looks like for these cases.

The first step is always to ensure your safety and to seek medical attention for any wounds you may suffer or to collect any DNA samples from the assailant. When you are ready, contact a lawyer to begin building your case.

A lack of evidence is often cited as a reason why survivors of sexual assault are not successful in their suits. While lack of evidence may only be one part of the overall case picture, we do know that in the state of New Mexico, the burden of proof in rideshare assault lawsuits is on the plaintiff to supply.

This evidence comes in many forms, but having the ability to demonstrate most or all of these will give your case the best chance of success:

• DNA linking the assailant to your case
• Documented physical signs of an assault
• Video or audio recording of the scene
• Witness testimony

If your assault was facilitated by the use of a rideshare application, the plaintiff and their attorney will need to supply additional evidence demonstrating negligence on the part of the rideshare company.

Proving liability in Uber or Lyft assault cases can be incredibly complicated and frustrating for survivors of sexual assault and is why we urge you to partner with the right legal team. Our team will not only demystify the process for you, but also help you to gather the evidence you need to win your case.

Both Uber and Lyft have standards for screening their drivers which involve:

1. Initial background checks
2. Annual background checks
3. Enforcing community guidelines
4. Listening to user feedback

If a driver has a criminal record or history record of users reporting them for sexual misconduct, that demonstrates negligence on behalf of the rideshare company.

The same is true for drivers who have been assaulted by users. Uber has published their safety precautions to prevent sexual assault of both users and drivers.

• Phone number anonymization
• Ability for others to track your ride
• In-app emergency button
• Ability to file a report 24/7

Sexual assault is one of the most vile crimes there is and we at Carabin Shaw understand the feelings of violation can make it difficult to take action, even if it benefits you in the long run. That’s why we’re here.

We have 28 years of experience in personal injury practice and want to use that expertise to ensure that you do not suffer alone because of a sexual assault. Carabin Shaw reviews show that our clients are not only satisfied with their outcomes, but also note the sensitivity and compassion shown by our team. We offer our services on a contingency-fee basis because only take on cases that we know we can win.

Call Carabin Shaw today at our toll free number 800-862-1260 for your free case review. We have English AND Spanish speaking staff ready to take your call any time of day any day of the week.

For more information:

• RAINN
• NPR
• Uber