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Criminal and Civil Cases Are Separate
A criminal sexual assault prosecution is brought by the government — the state or federal prosecutor — against the defendant driver. The purpose is punishment: conviction results in incarceration, registration, and a criminal record. The burden of proof is beyond a reasonable doubt, the highest standard in the legal system. A civil lawsuit is brought by you — the survivor — against Uber, Lyft, and/or the driver. The purpose is compensation for your harm. The burden of proof is preponderance of the evidence — meaning more likely than not.
You do not need a criminal prosecution to pursue a civil claim. You do not need a criminal conviction to win a civil case. A driver can be acquitted in criminal court — or never charged at all — and still be found civilly liable. The most famous example is the O.J. Simpson case, where Simpson was acquitted of murder but found civilly liable for the same deaths. The lower civil standard of proof makes civil success possible in many cases where criminal conviction is not.
How Parallel Proceedings Interact
When both criminal and civil cases proceed simultaneously, the civil case may be stayed (paused) at the defendant driver's request to prevent civil discovery from interfering with their Fifth Amendment right against self-incrimination. A driver who invokes the Fifth Amendment in a civil deposition cannot be forced to testify — but a jury in the civil case can draw an adverse inference from the assertion of Fifth Amendment rights. A criminal conviction, if obtained, is admissible as evidence in the civil case and typically has strong preclusive effect on issues of fact.
Civil claims against Uber and Lyft as corporate defendants are largely unaffected by criminal proceedings against the individual driver, because the corporate liability theories — negligent hiring, retention, supervision — are independent of whether the driver is convicted. The civil case against the platforms can proceed even if the driver's criminal case is pending, dismissed, or results in acquittal.
Key data
Data & Statistics
Civil burden of proof (preponderance of evidence) is significantly lower than criminal (beyond reasonable doubt)
Federal Rules of Civil Procedure; Federal Rules of Criminal Procedure
FAQ
Frequently Asked Questions
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Related Guides
- Uber Sexual Assault LawsuitUber faces consolidated multi-district litigation in the Northern District of California (MDL No. 3084) involving thousands of sexual assault claims from passengers. The cases allege that Uber's inadequate driver background checks, failure to remove drivers with prior complaints, and insufficient in-app safety measures enabled assaults that a more responsible platform would have prevented.
- Campus Rideshare Sexual AssaultCollege students are among the most frequent rideshare users and face elevated risk of rideshare assault, particularly during late-night bar hours. Campus assaults may involve Title IX considerations if any university nexus exists, and minor plaintiffs have extended time to file civil claims due to SOL tolling until age 18.
- SANE Exam: Sexual Assault Nurse Examiner EvidenceA sexual assault nurse examiner (SANE) exam is the gold standard for documenting physical evidence of sexual assault. SANE exams are available at no cost to survivors at most hospital emergency departments and rape crisis centers, and the evidence collected can support both criminal prosecution and civil litigation — but you do not need a SANE exam to pursue a civil claim.
- PTSD and Psychiatric Injury as Compensable DamagesPost-traumatic stress disorder, depression, anxiety disorders, and other psychiatric injuries caused by rideshare sexual assault are fully compensable as non-economic damages in civil litigation. Psychiatric injury is often the largest component of damages in assault cases — and it can be documented, quantified, and presented to juries through treating clinicians and forensic psychology experts.
- Rideshare Assault Claims Involving MinorsWhen a minor is assaulted during a rideshare trip, their parent or guardian can file a civil claim on their behalf, and the statute of limitations is tolled (suspended) until the child turns 18. This means more time is available to file, but consulting an attorney as soon as possible is still important to preserve evidence and understand the child's rights.
- Reporting Rideshare Sexual AssaultReporting a rideshare assault is entirely your decision. You are not required to report to Uber, Lyft, or law enforcement to pursue a civil claim. Understanding your reporting options — and what each pathway involves — can help you make an informed decision that feels right for you.
- Rideshare Assault MDL Status in 2026As of early 2026, both the Uber and Lyft sexual assault MDLs are in active pre-trial proceedings in the Northern District of California. Discovery is ongoing, bellwether trial selections are underway, and global settlement discussions are reported to be in progress. Joining the MDL now — while proceedings are active — provides access to the benefits of consolidated discovery and positions your case favorably for any global resolution.
- Lyft Sexual Assault LawsuitLyft faces its own multi-district litigation for sexual assault claims, consolidated separately from Uber's MDL in the Northern District of California. Lyft's smaller market share produces proportionally comparable assault allegations, with similar claims of inadequate background checks, failure to remove dangerous drivers, and insufficient passenger safety infrastructure.
- Rideshare Driver Background ChecksUber and Lyft driver background checks use name-based database searches that miss criminal records under aliases, from states with limited reporting, and from international jurisdictions. This is structurally weaker than fingerprint-based checks required of taxi drivers, school employees, and healthcare workers in most states — and that structural gap is at the center of most rideshare assault lawsuits.
- Uber Safety Report Data: What the Numbers Really MeanUber's 2022 U.S. Safety Report disclosed 3,824 sexual assault incidents across 2019 and 2020 — but this figure represents only assaults reported directly to Uber by passengers. With sexual assault reporting rates as low as 1 in 5, the true number of Uber assaults may be many times higher. The report was released only after years of litigation pressure and does not include Uber Eats delivery incidents.
- Rideshare Assault Evidence: What Records ExistRideshare companies maintain extensive digital records for every completed trip including GPS route data, timestamps, driver identity, vehicle information, and complaint histories. Through litigation discovery, your attorney can compel Uber or Lyft to produce these records, which often form critical evidence in sexual assault civil cases.
- Sexual Assault Statute of Limitations by StateCivil statutes of limitations for sexual assault claims have been dramatically extended in most states since 2017, with many states now providing 10-20 years or no time limit at all. If you were assaulted during a rideshare ride, even years ago, please speak with an attorney before concluding your time has passed.
- Anonymous Filing in Rideshare Sexual Assault CasesMany survivors of rideshare sexual assault can pursue civil claims while protecting their identity through pseudonymous filing (Jane Doe or John Doe), protective orders limiting access to identifying information, and confidential settlement agreements. Protecting your privacy is a priority that experienced rideshare assault attorneys are equipped to fight for in every jurisdiction.
- Trauma-Informed Legal Process for SurvivorsPursuing a civil rideshare assault claim does not have to re-traumatize you. Attorneys who specialize in this area of law understand trauma responses, work at your pace, coordinate with your mental health providers, and advocate for procedural protections that minimize the burden on survivors throughout the legal process.
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