If a rideshare driver assaulted you, please know two things before you read any further. What happened was not your fault, and Illinois law gives you civil rights that belong to you alone — including, in many cases, the right to hold Uber or Lyft itself accountable, not just the driver — whatever the police or the company decide to do. A rideshare assault turns something ordinary, a ride you trusted, into something traumatic, and survivors often blame themselves for getting in the car. You did nothing wrong by expecting a safe ride.
This article explains, gently and practically, how civil claims work after a rideshare assault in Illinois: what the companies’ own data shows, the legal theories that can hold them accountable, and what steps can protect both your wellbeing and your case.
Rideshare companies describe assaults as rare, and statistically most trips end without incident. But rare percentages of billions of rides still mean thousands of people. In Uber’s own second US Safety Report, the company disclosed that it received 3,824 reports across the five most severe categories of sexual assault and misconduct during 2019 and 2020 in the United States, while noting that more than 99.9% of trips end without any safety report. Uber continues to publish these reports on its US Safety Report page, covering its most serious incidents, including sexual assaults.
Those are the company’s own figures, limited to the most severe categories and to incidents someone was able to report. Behind every number is a person who got into a car believing the platform had vetted the driver. That belief is exactly why the law can hold the companies, and not just the individual, responsible.
Often, yes. Survivors can nearly always sue the individual driver, but drivers rarely have meaningful assets or applicable insurance for intentional acts. The more consequential question is whether the company itself can be held accountable, and several legal theories aim at exactly that.
Negligent hiring, screening, and retention. Rideshare companies decide who drives on their platforms and how thoroughly to check them. If a company approved a driver whose record should have disqualified him, ignored prior rider complaints, or kept a driver on the platform after warning signs, the company’s own carelessness becomes the basis of the claim. This theory doesn’t depend on the driver being an employee, because it targets the company’s own decisions.
Vicarious liability and its limits. Employers are traditionally responsible for harms their employees cause within the scope of their work. Rideshare companies argue their drivers are independent contractors and that assaults fall outside the scope of any work relationship, and courts have wrestled with both points. These are contested, evolving questions, which is one reason experienced counsel matters in a rideshare assault case.
Common carrier arguments. Businesses that transport the public for money, like buses and taxis, have historically owed passengers one of the highest duties of care the law recognizes. Survivors’ lawyers argue that rideshare companies should shoulder that same heightened responsibility for the safety of people who ride in cars dispatched by their platforms. Whether and how that doctrine applies to app-based companies is actively being litigated around the country, so the strength of the argument depends on the facts and the forum.
No article can tell you which theory fits your case. What matters is that accountability doesn’t stop with the driver.
This is work our firm handles with care. Our results include the No. 1 Assisted Living Negligence Settlement in Illinois for 2024, in which we represented a mentally disabled woman who was sexually assaulted in a group home and resolved her claim before a lawsuit was ever filed. Every case is different, and past results do not guarantee future outcomes.
Illinois law sets a floor for driver screening. Under the Transportation Network Providers Act, 625 ILCS 57/15, companies must conduct, or have a third party conduct, a criminal background check for each driver applicant that includes a multi-state criminal records database search and a check of the National Sex Offender Registry database, along with a review of the applicant’s driving history.
The statute also disqualifies certain applicants. A person cannot drive for a rideshare company in Illinois if, among other things, they have been convicted within the past seven years of driving under the influence, certain sexual offenses, use of a motor vehicle to commit a felony, acts of violence, or acts of terror, or if they appear in the National Sex Offender Registry. Drivers with excessive recent moving violations or major violations like reckless driving are also barred, and drivers must be at least 19 with a valid license, registration, and insurance.
These requirements cut both ways in litigation. If the company failed to follow them, that failure is powerful evidence of negligence. If the company technically complied but the screening was superficial, survivors can argue that a company inviting the public into strangers’ cars needed to do more than the statutory minimum, especially once it had its own safety data in hand.
Many survivors worry that nothing can happen unless the police make an arrest or a prosecutor wins a conviction. That’s not how civil law works. A civil claim belongs to you, not the state. It proceeds on a lower burden of proof than a criminal case, it can move forward even if charges are never filed or are dropped, and it seeks compensation for what you’ve endured: medical and counseling costs, lost income, and the pain and disruption the assault caused.
You also control a civil claim in ways you can’t control a prosecution. You decide whether to bring it, and your lawyer answers to you. Illinois filing deadlines still apply, though, so it’s wise to get advice early even if you’re not ready to decide.
If you’re able, a few practical steps can preserve your options. Keep the trip details in your app: screenshot the driver’s name and photo, the route, the timestamps, and the receipt. Save any messages with the driver or the company, and note the names of anyone you told about what happened. If you report the assault through the app, keep your account brief and factual, and save a copy of what you submit. The company’s servers hold GPS data, driver history, and complaint records about your driver, and a lawyer can demand that all of it be preserved before it disappears into routine deletion.
Your wellbeing comes first. A medical exam can address injuries you may not feel yet, and if you choose a forensic exam, it preserves evidence while leaving every decision about reporting up to you. Support from a counselor or advocate can help whether or not you ever file anything. When you’re ready to explore your legal options, an Illinois rideshare accident lawyer who handles assault claims can review your situation confidentially, whether your ride was with Uber, Lyft, or another platform, and our Naperville personal injury lawyers treat every survivor’s case with the privacy and care it deserves.
In many cases, yes. Survivors can pursue the driver directly and can often pursue the company under theories like negligent hiring, screening, or retention, and lawyers continue to press vicarious liability and heightened duty arguments against the platforms. The right theory depends on your facts, so a confidential case review is the best first step.
Yes. Under 625 ILCS 57/15, Illinois requires a criminal background check that includes a multi-state records database search and the National Sex Offender Registry, plus a driving record review. Convictions within seven years for offenses including DUI, sexual offenses, and acts of violence are disqualifying.
Yes. A civil claim is completely separate from any criminal case and uses a lower standard of proof. You can pursue compensation even if no charges were filed, though Illinois deadlines still apply, so it helps to speak with a lawyer sooner rather than later.
If a rideshare driver assaulted you or someone you love, you deserve to be heard, believed, and represented by people who will handle your case with care. Collins Law Group, P.C. offers free, completely confidential consultations, and you pay nothing unless we recover for you. We can preserve the app data and company records your claim needs while you focus on healing, and we will move only at the pace you’re comfortable with. Contact us today to talk privately about your options.
John D. Risvold is an equity partner at Collins Law Group, P.C. in Naperville, Illinois. He represents individuals and families in catastrophic personal injury and wrongful death cases, focusing on commercial trucking crashes, rideshare and autonomous vehicle litigation, medical malpractice and birth injury, and product defect claims. He has tried cases to verdict in Illinois courts, recovered more than $50 million for clients over thirteen years of practice, and has been named to Best Lawyers in America for Personal Injury Litigation and Illinois Super Lawyers.
This article is for general information only and is not legal advice. Reading it does not create an attorney-client relationship. Every case is different; if you have been injured, speak with a lawyer about your specific situation.
