First and foremost, it is important to report any type of assault to the NYPD or local law enforcement. It is understandable as a victim of crime to want to move on and put the incident behind them.
This feeling is actually quite common. Often victims suffer from PTSD. The effects of PTSD are not immediately realized by the victim. Frequently, victims call my office and explain that they delayed calling the police because they were still in shock. The fear and sometimes the self-blame can affect your judgement. In fact, a majority of victims don’t report these types of crimes. See https://ballardbrief.byu.edu/issue-briefs/the-underreporting-and-dismissal-of-sexual-assault-cases-against-women-in-the-united-states
It’s easy for a lawyer behind a desk to advise you after the fact. When you have experienced a life altering trauma – it’s not so easy to “just call the cops.”
A criminal case can help you find justice. But it can do more. A criminal case and investigation can be an enormous help to a civil litigator. Non-lawyers understandably confuse these two systems. The criminal courts are used by the state to prosecute the perpetrator for the crime. The civil courts allow you, the victim, to sue for damages for an alleged crime.
Confused yet? It’s no wonder that some victims feel overwhelmed by the process. When you are ready to discuss your case, please call me so I can walk you through how everything works. I give my cell phone out to all of my clients.
Now, specifically, turning to this situation: An Uber driver sexually assaults you. After you have met with local law enforcement, you have the right to sue the driver and Uber for several reasons. One of them is called “negligent hiring.” Critical to this cause of action (or reason to sue) is whether or not Uber knew, or should have known, that the driver had a history of sexual violence.
There are of course many other factors in this analysis. And Uber will have an absolute right to defend itself and claim ignorance.
These cases, like most, are contentious and can last years. If you would like to proceed and meet with me (in person or on Zoom) please do not hesitate to call the number below.
Eric Richman’s team offers compassionate, expert legal representation for the New York City Area. To learn more, contact us for a free consultation or Call us at (800) 801-9655.
