Dedicated Uber Sexual Assault Attorney Serving Montana
In October 2023, the federal courts created a consolidated lawsuit, called the Uber Passenger Sexual Assault Multi-District Litigation (MDL), where thousands of people who survived sexual assault and rape by Uber drivers can have their day in court. Consolidating hundreds of lawsuits, which are expected to grow to thousands, this litigation stands to become the largest sexual assault litigation in history. Our Montana Uber Sexual Assault Attorney are here to help if you have been sexually assaulted by an Uber driver.
The Court appointed Walkup Shareholder Sara Peters to leadership on the Plaintiff’s Steering Committee in the Uber Passenger Sexual Assault MDL. Sara Peters has extensive relevant subject matter expertise and leadership experience and has personally argued an appeal in a high-profile, still-pending Uber sexual assault case before the Ninth Circuit.
The Court also appointed Walkup Shareholder Khaldoun Baghdadi to leadership as the court-appointed liaison between the Uber Passenger Sexual Assault MDL and the related state court action in California.
Beyond this litigation, Walkup, Melodia, Kelly & Schoenberger has a proven track record in zealously prosecuting cases against Uber. Our team has gone further than any other law firm in the world, taking the depositions of key corporate representatives, examining Uber’s own experts, and gaining access to never-seen-before documents to investigate the tech giant’s underbelly and establish its liability for creating and enabling an unsafe transportation system.
Why It’s Time to Hold Uber Accountable
In 2013, when Uber first started offering rides with regular people instead of professional drivers, the general public considered it unreasonably dangerous for a young woman (or any solo traveler for that matter) to get into a complete stranger’s private car in order to travel to a specific destination. In the last decade, Uber has convinced people that it is safe to get into an Uber and take a ride from a complete stranger. In fact, these efforts have been so successful that Uber went from being a novel tech startup to help people hail limos in San Francisco, to the most dominant transportation company in the world.
Uber’s transportation services are convenient and affordable to the public. But they also require trust – enough trust for someone to get into what would otherwise be a random car driven by a random person. The difference? Uber’s reputation and promise of safety. For years, Uber has been assuring passengers that it provides the “the safest rides on the road,” “a ride you can trust,” and a service that “was created to ensure reliable access to safe rides.” The result is a universal belief that an Uber ride is not ride with a stranger; it is a ride with Uber, arranged and procured by Uber, in cars operated by vetted and approved Uber drivers.
But in fact, Uber does not protect the riders. Even though sexual assault is underreported, and even though Uber discourages reporting, thousands of women have now come forward to say they were sexually assaulted during Uber rides. Uber has been aware of this issue since at least 2014, and since then, Uber has not taken the necessary action to prevent sexual assaults. It has chosen instead to pursue rapid growth at all costs. For Uber, sexual assault is the price of doing business.
Understanding your rights after an Uber assault:
In Montana, victims of sexual assault have the right to file a personal injury claim against their abuser or attacker. A personal injury lawsuit may be filed against the assailant whether or not there were criminal charges, conviction, or acquittal. The victim may also be entitled to sue a third party (such as a business, institution, or employer) that should be held liable for the incident due to negligence, insufficient oversight, or failure to report sexual misconduct properly.
Survivors of sexual assault and other misconduct deserve justice for what they have suffered. Speak with an experienced rideshare assault attorney as soon as possible so that we can begin investigating what happened, secure evidence, and ensure that you file a claim within the statute of limitations (the deadline for bringing a lawsuit).
To understand more about the allegations against Uber, and why we believe it is past time to hold Uber accountable for an epidemic of sexual assault in its transportation system, read a copy of the Master Complaint, which our attorneys (along with co-counsel) prepared. Read Complaint.
Uber filed a motion to dismiss claims under the laws of some states. You can read our opposition to that motion, vigorously defending the claims and rights of victims of sexual assault by Uber drivers: Read Response.
If you or someone you love has been the victim of sexual assault or harassment by a Montana Uber driver, the experienced sexual assault attorneys at Walkup, Melodia, Kelly & Schoenberger want to help you get the justice and compensation you deserve. Don’t delay—timing is very important. Call us for a free consultation today.
Frequently Asked Questions about Uber Sexual Assault in Montana
Q. Can I bring a sexual assault case against Uber even if I was intoxicated at the time of the incident?
A. Yes. Sexual contact with someone who could not consent due to the influence of alcohol or drugs is actionable sexual assault. In addition, Uber has chosen to aggressively market its transportation services as a safe ride home for people who have been drinking and are making the responsible choice not to drive under the influence. Uber holds its transportation services out as safe even for those whose guard is down due to the influence of alcohol. It owes a responsibility to make good on these promises and provide safe rides as advertised.
Q. Can I bring a sexual assault case against Uber even if I do not remember the assault or rape?
A. Yes. We are able to use not only direct evidence (eyewitness testimony) but also indirect evidence known as circumstantial evidence. Uber tracks rides and has detailed GPS data which, along with other types of forensic data, can establish a case even without a direct eyewitness statement.
Q. Can I bring a sexual assault case even if the police or prosecutors chose not to pursue a criminal case?
A. Yes. The standard of proof is different. In criminal court, it is “beyond a reasonable doubt.” In civil court the standard is “more likely than not” true. Thus, there are many cases where the evidence may not be so indisputable as to meet the criminal standard of proof, but where we can still prove the allegations in civil court.
Q. What is the deadline for bringing a case?
A. In the state of Montana, the general statute of limitations for sexual assault suits is two years from the date of the incident. Related claims, such as negligence, which may be filed against additional parties, typically have three years. Additionally, there is an extended statute of limitations for child victims—individuals who were sexually abused while under the age of 18 can file a claim at any time before they reach age 27.
