Uber Sexual Assault Lawsuit Overview

A troubling pattern of sexual assault and violence perpetrated by Uber drivers has resulted in numerous people suing Uber.

Thousands of female passengers using the Uber platform have reported incidents of rape, sexual assault, false imprisonment, harassment, and other forms of sexual violence.

Over 10,000 incidents of sexual assault occurred according to Uber’s safety reports from 2017-2020.

The Uber Sexual Assault Lawsuit represents aims to address numerous incidents of sexual assault and extreme misconduct by Uber drivers, and the company’s alleged failure to implement appropriate safety precautions to protect passengers.

As a result of litigation, survivors of sexual abuse may be eligible for compensation.

If you or a loved one were sexually assaulted or faced other forms of sexual misconduct or abuse as an Uber passenger, you may be eligible to file an Uber Sexual Assault Lawsuit claim.

Contact TorHoerman Law for a free consultation.

Use the confidential chatbot on this page to find out if you qualify to file a lawsuit claim instantly.

What is the Uber Sexual Assault MDL?

The Uber Sexual Assault MDL is a consolidation of sexual assault lawsuits filed against Uber Technologies, Inc.

The Judicial Panel on Multidistrict Litigation (JPML) consolidated the Uber Sexual Assault MDL in October 2023 due to the common factual questions raised in allegations of safety precautions.

From the transfer order filed on October 4th, 2023:

“These actions share complex factual questions arising from allegations that Uber failed to implement appropriate safety precautions to protect passengers, and that plaintiffs suffered sexual assault or harassment as a result.

Common factual questions include Uber’s knowledge about the prevalence of sexual assault by Uber drivers, and whether Uber failed to conduct adequate background checks of its drivers, train drivers regarding sexual assault and harassment, implement adequate safety measures to protect passengers from sexual assault, and adequately respond to complaints about drivers.”

The Uber sexual assault cases are centralized in California federal court as Uber Technologies, Passenger Sexual Assault Litigation MDL No. 3084.

Reasons for the Uber Sexual Assault MDL 

The Panel decided to centralize the cases in the Northern District of California due to common factual questions among the cases, such as:

• Uber’s knowledge about sexual assault incidents
• Background checks
• Training
• Safety measures
• Response to complaints

Consolidating claims into one federal court aims to prevent inconsistent pretrial rulings and save time and money.

The Panel recognized individual and state-specific issues but found enough common questions to warrant centralization.

Uber’s concerns about varying state laws and potential third-party claims against drivers were noted but did not outweigh the benefits of centralizing the Uber Sexual Assault Lawsuit under a single federal court.

The company has been in opposition to the consolidation of sexual assault cases, filing several motions to dismiss and arguing that the company:

“…did not owe a duty to Plaintiff to protect against the criminal conduct” and these lawsuits “have little in common.”

Uber also argued that its Terms of Use precludes the motion for consolidation, but the court denied this argument.

At a November pretrial hearing, Judge Breyer said that the victims who have been sexually assaulted deserve to have their cases resolved as quickly as possible.

What is MDL and How is it Different from a Class Action Lawsuit?

Multidistrict litigation (MDL) is a federal legal process that consolidates similar individual lawsuits from across various states into one federal court.

This approach streamlines complex cases by handling all pretrial activities, like discovery, in one place, thereby saving time and resources and ensuring consistent court rulings.

Unlike class action lawsuits, where everyone receives equal compensation, MDL allows each plaintiff to receive a settlement based on their specific claim and damages.

In addition to consolidating cases, MDL often involves bellwether trials, which are test cases that help both parties gauge the response to evidence and arguments.

The representative trial may shape the course of the lawsuit, impacting a company’s willingness to settle claims and influence its strategy in litigation.

Other important processes in MDL include coordinated discovery and pretrial motions, which streamline the legal proceedings and help in reaching more efficient resolutions for all involved parties.

Lawsuits for Uber Drivers Assaulted by Passengers

It’s worth noting that of the sexual assault incidents reported to Uber, over 40% included the passenger as the perpetrator of the assault.

If you were sexually assaulted as an Uber driver, you may still be eligible to file a lawsuit separate from the consolidated cases in California federal court.

Cases involving the sexual assault of a driver are typically handled individually.

Reach out to our legal team for more information if you were assaulted as an Uber driver.

Developments in the Uber Sexual Assault MDL

The Uber Sexual Assault Lawsuit is in its early stages, with pretrial orders and other documents establishing processes for the litigation to move forward.

Here’s a summary of the documents filed in the Uber Sexual Assault MDL so far:

• Pretrial Order No. 1 (10/6/2023):  Outlined the initial procedures and guidelines for the consolidated pretrial proceedings in the Northern District of California. Main points in the order included the establishment of the master docket file, outlining filing requirements, and more.
• Pretrial Order No. 2 (11/3/2023):  Outlined the procedures for preserving information relevant to the litigation. This included the scope of preservation, electronically stored information (ESI), the duty to preserve evidence, and more.
• Pretrial Order No. 3 (11/6/2023):  Established the procedure for the appointment of a Plaintiffs’ Steering Committee (PLC). A Plaintiffs’ Steering Committee in MDL is a selected group of attorneys who coordinate and manage the consolidated cases on behalf of all plaintiffs.
• Pretrial Order No. 4 (12/6/2023): Details the appointment of Plaintiffs’ Co-Lead Counsel and the Plaintiffs’ Steering Committee (PSC) following the court’s receipt of 22 applications for positions within the plaintiffs’ leadership structure. The order outlines the roles of other appointed members to the PSC and emphasizes the responsibilities of Co-Lead Counsel and the PSC in managing pretrial proceedings efficiently, including case management tasks and the encouragement for plaintiffs’ counsel to file their cases promptly.
• Stipulation and Order re Plaintiffs Who Wish to Proceed Anonymously (12/28/2023): Allows plaintiffs who wish to remain anonymous to proceed with their cases under pseudonyms. According to the order, plaintiffs may file complaints using initials or pseudonyms like “Jane Doe,” must disclose their true names to defendants upon request (to be kept confidential), and efforts should be made to use pseudonyms in all filings, with documents requiring real names to be filed under seal.
• Pretrial Order No. 5 (12/28/2023): Sets forth a comprehensive discovery schedule and guidelines for initial motions, lifts the previous stay on discovery, and allows discovery requests authorized by Co-Lead Counsel to proceed.
  • It outlines specific disclosure obligations for all plaintiffs, including the provision of ride receipts or detailed information related to Uber trips connected to alleged incidents by February 15, 2024.
  • The order also schedules Defendants’ Rule 26 initial disclosures for February 29, 2024, and details procedures for the production of government documents and other case documents by Defendants.
  • Additionally, it establishes deadlines for the filing of a Master Long-Form Complaint by Plaintiffs, the submission of Short Form Complaints proposals, and the scheduling of initial motions, including motions regarding Uber’s Terms of Use and Rule 12 motions.
• Protective Order (12/28/2023): Establishes guidelines for handling confidential information during the litigation, specifying who may access privileged information and under what conditions.
  • The order outlines procedures for designating, challenging, and inadvertently disclosing protected material, and it sets forth obligations for parties when confidential information is subpoenaed or produced in other litigation.
  • Non-parties providing protected material must adhere to the order’s terms, and the order includes provisions for the final disposition of protected materials after the case’s conclusion.
• Pretrial Order No. 6 (1/2/2024): Facilitates direct filing of actions within the Northern District of California to streamline case management. This order allows plaintiffs alleging sexual assault by Uber drivers in the United States to file their actions directly in this district as part of the MDL, rather than filing elsewhere and awaiting transfer.
• Pretrial Order No. 7 (2/9/2024): Addresses Uber’s motion to stay proceedings pending the Ninth Circuit’s decision on a petition for a writ of mandamus. The court decided to deny Uber’s motion for a stay.
  • This decision was influenced by several factors, including the potential harm to plaintiffs from delaying the litigation, the uncertain duration of the proposed stay, the continued relevance of discovery and pretrial work regardless of the Ninth Circuit’s eventual decision, and the specific interest in advancing claims related to alleged sexual assaults
• Pretrial Order No. 8 (3/1/2024): Outlines specific procedures for resolving discovery disputes in the MDL. This order, given by the assigned magistrate judge, builds upon and clarifies previous guidelines set forth in Pretrial Order No. 5. It establishes a clear framework to ensure disputes related to discovery—the process of exchanging information between parties in litigation—are addressed efficiently and fairly.

Uber's Safety Record: Sexual Assault Claims and Accountability

Uber’s safety record has been critically scrutinized due to numerous sexual assault claims involving its drivers, raising serious concerns about passenger safety in the rideshare industry.

These incidents have highlighted a potential gap in Uber’s responsibility and accountability mechanisms, especially regarding the behavior of its drivers.

The company has faced criticism for not doing enough to prevent and address sexual assaults, pointing to a need for more stringent and effective safety measures.

Background checks of drivers emerge as a significant factor in this context, with demands for more thorough vetting processes to ensure passenger safety.

There is an essential need for rideshare companies like Uber to implement comprehensive and robust safety protocols to protect passengers from potential harm.

Strengthening accountability and transparency in responding to such incidents is crucial.

The responsibility of rideshare companies like Uber extends beyond just providing transportation; it encompasses ensuring the utmost safety and security of its passengers at all times.

Sexual violence committed against passengers must be actively investigated and comprehensively addressed.

The voices of survivors must be heard, and their legal rights protected.

Uber Safety Report on Sexual Assaults

According to Uber’s own safety report, nearly 4,000 sexual assaults were reported on the company’s app in 2019-2020.

The number of reported sexual assaults committed by Uber drivers declined from the previous report by 38% from nearly 6,000 sexual assault reports recorded in 2017-2018.

Despite this 38% decrease in reported sexual assaults, nearly 10,000 sexual assaults in a three year period is horrible.

The reported numbers of Uber sexual assaults are shocking, yet only include the five “most severe categories” of sexual assault as determined by the ride hailing platform:

• “Non consensual sexual penetration”
• “Non consensual kissing of a sexual body part”
• “Non consensual touching of a sexual body part”
• “Attempted non consensual sexual penetration”
• “Non consensual kissing of a non sexual body part”

Critics of the categories of sexual assault reported by Uber claim that the company is not reporting on everything that consumers and regulators have a right to know.

Lawsuits against Uber claim that the company has the ability to prioritize rider safety further, but its response to reports of sexual assault have been slow and inadequate, allowing for Uber drivers with sketchy background checks and previous allegations of sexual assault and sexual harassment to continue working.

Uber Released New Safety Features to Combat Sexual Violence by Uber Drivers

In response to reports of sexual assault on the Uber platform, the company has attempted to increase safety features on the Uber app a number of times.

Platform changes to increase passenger safety include:

• 2022: Text-to-911, allowing users to discretely request emergency help.
• 2018: Release of the Uber Safety Toolkit, integrating features such as emergency assistance, “trusted contacts” features to share trip details, improved criminal background checks of Uber drivers, and independent vehicle inspections.

Despite these changes, drivers sexually assaulting female passengers is still a pervasive issue.

Does Uber Mandate Mediation for Sexual Assault Claims?

Uber mandated mediation and arbitration for individuals sexually assaulted by Uber drivers until 2018, when the company’s board received a letter from 14 female victims that highlighted the significance of arbitration agreements.

Before 2018, survivors of sexual assault perpetrated by Uber drivers were required to undergo independent arbitration rather than pursuing lawsuits and contacting authorities.

This process served as a means to prevent survivors from speaking out and filing civil lawsuits for what they had experienced, requiring them to sign nondisclosure agreements.

Do You Qualify for the Uber Sexual Assault Lawsuit?

Survivors of sexual assault deserve justice and accountability.

The Uber Sexual Assault Lawsuit aims to hold the company liable for failing to protect riders from serious incidents and harm.

If you or a loved one have experienced sexual assault or other forms of sexual misconduct as an Uber passenger, you may be eligible to file an Uber Sexual Assault Lawsuit claim.

Contact TorHoerman Law for a free consultation.

Use the confidential chatbot on this page to find out if you qualify for an Uber Sexual Assault Lawsuit claim instantly.

Experienced lawyers handle every aspect of the civil litigation process, helping survivors of sexual assault build their case and representing their best interests.

TorHoerman Law: Uber Sexual Assault Attorneys

Sexual assault is a horrific crime, and survivors deserve justice, compensation, and an adequate recovery.

Perpetrators of sexual abuse, both the perpetrator themself and the potentially liable third parties, deserve a swift and complete investigation that results in appropriate legal consequences and accountability to prevent further harm.

The Uber Sexual Assault Lawsuit aims to hold the company accountable for alleged lapses in safety measures and to seek justice for the survivors of such egregious acts.

This legal action underscores the importance of robust safety protocols in the rideshare industry.

Having an experienced lawyer represent you in such cases can be incredibly beneficial, as they bring expertise in navigating complex legal landscapes and can effectively advocate for the rights and compensation due to survivors.

If you or a loved one were sexually assaulted, sexually battered, or faced any other form of sexual misconduct from an Uber driver, you may be eligible to file an Uber Sexual Assault Lawsuit.

Contact TorHoerman Law for a free consultation.

Use the free and confidential chatbot on this page to find if you qualify to file a claim instantly.