What to Do After a Rideshare Sexual Assault in Colorado - Building a Strong Case

Suing for injuries after a rideshare sexual assault helps victims in Colorado Springs to financially recover from physical and emotional damages. However, the stress of a lawsuit without the guarantee of compensation deters some victims from pursuing justice. Talking to a lawyer can help to ease a victim's worries about the legal process and build a strong case against the driver and the rideshare company.

The Colorado Springs sexual assault attorneys at Carabin Shaw understand the difficult decision sexual assault victims face when seeking compensation for their injuries. That’s why we offer our services on a contingency-fee basis, so victims don’t have the added challenge of upfront legal fees. If you have suffered injuries from a rideshare sexual assault, call our toll-free number at 800-862-1260 to set up a free consultation. We have English- AND Spanish-speaking staff available 24/7.

The courts punish people for sexual assault in criminal court, and a lawyer must prove that a defendant is guilty beyond a reasonable doubt. This is especially difficult in sexual assault crimes when it is the victim’s word against the assailant’s, and there are no witnesses. However, personal injury lawsuits occur in civil court, which is outside of the criminal court system.

In civil court, the burden of proof is based on a preponderance of the evidence, or the notion that it is more likely than not that the sexual assault occurred and caused the plaintiff’s damages. A rideshare assault lawsuit in Colorado Springs allows sexual assault victims to seek some justice even when the court cannot find their assailant guilty in criminal court.

A rideshare assault victim’s attorney will win a case by presenting evidence that proves sexual assault but also proves the amount of damages a victim sustained as a result.

Evidence that may help a Colorado Springs personal injury lawyer build a strong case includes:

• Hospital and other medical records
• Photos of physical injuries
• Eyewitness testimony before, during, or after the attack
• Video from the dashcam or nearby security cameras
• Criminal record of the rideshare driver
• Rideshare app information

Hiring an experienced legal team helps victims to discover and collect evidence, so the process of legal evidence collection doesn’t add to their burden.

In an Uber or Lyft sexual assault, the court classifies drivers as independent contractors, which shields the rideshare company from liability for the actions of their driver. Many rideshare companies now require drivers to carry insurance to offer the public some financial protection in lieu of a motor vehicle accident, but insurance coverage may not cover damages after a rideshare sexual assault in Colorado Springs. In these cases, an experienced personal injury lawyer will return to the rideshare company to seek compensation.

A Colorado court may hold a rideshare company liable for the actions of their independent contractor driver if the company:

• Engaged in negligent hiring practices, such as not performing background checks
• Ignored repeated complaints about a driver’s misconduct
• Failed to perform safety protocols
• Suffered an app failure that prevented the victim from using an alert system
• Acted in a manner that the court found grossly negligent

When the court finds that the defendant’s actions were manners of gross negligence, they may offer additional punitive damages.

At Carabin Shaw, our team has decades of experience building strong cases for our clients. We work diligently to prove our clients’ damages, so they can receive compensation for their injuries. We are a compassionate legal team and will listen to the details of your injury and focus on reducing any additional stress caused by a lawsuit.

If you are looking for a lawyer and a legal team you can trust, we encourage you to read our client reviews, and find out what our clients say after working with us. Then, call our office to get started on your journey to compensation.

For more information:

• Colorado's 4th Judicial District Attorney's Office
• County Attorney’s Office – Civil Division
• Courts State