Uber and Lyft Sexual Assault Cases in California
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If You Were Sexually Assaulted During an Uber or Lyft Ride, Here Is What You Should Know
Uber and Lyft classify their drivers as independent contractors under California’s Proposition 22, but that classification does not shield the companies from civil liability to passengers for sexual assault. As of June 2026, more than 3,000 plaintiffs have joined the federal multidistrict litigation targeting Uber alone (In re: Uber Technologies Inc., Passenger Sexual Assault Litigation, MDL No. 3084), and in February 2026 a jury returned an $8.5 million verdict against Uber in the first trial to emerge from that MDL. If you were sexually assaulted during a rideshare trip in California, the legal system has an established path for your claim, and it does not require proving that your driver was a company employee.
How Large Is the Uber and Lyft Sexual Assault Problem in California?
These incidents are not rare. According to Uber’s own U.S. Safety Report covering 2021 to 2022, 2,717 incidents of the most serious categories of sexual assault and misconduct were recorded over that two-year period, ranging from unwanted touching to rape. Lyft’s 2024 Safety Transparency Report, covering 2020 to 2022, recorded 2,651 incidents of the most serious types of sexual assault on its platform. A New York Times investigation based on sealed court records found that Uber received a report of sexual assault on average every eight minutes from 2017 to 2022, and that more than 400,000 Uber trips during that period resulted in reports of sexual assault or misconduct. During a California state court trial in September 2025, Uber’s statistics expert testified that approximately 70% of Uber’s sexual misconduct reports involved non-assaultive behavior such as leering, comments, and gestures, but also agreed that the number of annual reports of sexual assaults involving Uber drivers is in the thousands every year.
Important note: These figures reflect national U.S. data. No California-specific breakdown has been confirmed from Uber’s or Lyft’s published safety reports.
Does the "Independent Contractor" Label Block a Claim Against Uber or Lyft?
This is the most common misconception that stops victims from pursuing a claim. The short answer is no.
California voters approved Proposition 22 in November 2020, classifying Uber and Lyft drivers as independent contractors and superseding the ABC test established by AB 5 (codified from Dynamex Operations West, Inc. v. Superior Court (2018) 4 Cal.5th 903) for rideshare and delivery app-based workers. That classification governs the employment relationship between the driver and the platform.
Proposition 22 does not immunize Uber or Lyft from civil tort liability to passengers. Passenger claims for negligence, negligent hiring, and failure to implement adequate safety measures are tort theories, not employment-law claims. They do not depend on whether the driver is labeled an employee or a contractor. Notably, Proposition 22 also requires rideshare companies to adopt written policies prohibiting discrimination, harassment, and sexual assault, and that requirement exists alongside the independent-contractor classification, not in conflict with it.
For more on what rights exist specifically for drivers working on these platforms, see our guide on Uber and Lyft driver rights in California.
What Legal Claims Can a Sexual Assault Victim Bring Against Uber or Lyft in California?
Negligence and Negligent Hiring: The Core Passenger Claims
Plaintiffs in MDL No. 3084 allege that Uber prioritized growth over safety by using inadequate background checks, skipping in-person driver vetting, and failing to invest in preventive measures such as cameras or monitoring systems, and that it knowingly placed vulnerable passengers at risk. These are negligence-based tort theories. A passenger harmed during an Uber or Lyft ride can pursue claims including:
- Negligent hiring (failure to conduct adequate background screening before onboarding a driver)
- Negligent retention (continuing to allow a driver to operate after receiving complaints or warning signs)
- Negligent supervision (failure to monitor driver conduct or respond to misconduct reports)
- Failure to implement reasonably available safety measures
None of these theories requires proving the driver was an employee. Each focuses on what Uber or Lyft knew, when they knew it, and what they chose not to do.
FEHA’s Non-Employee Harassment Liability: When It Applies
California Government Code § 12940(j)(1) imposes employer liability for harassment committed by non-employees, including contractors and vendors, when the employer knows or reasonably should know of the conduct and fails to take immediate and appropriate corrective action. FEHA applies to any employer with at least one employee, a far broader threshold than the 15-employee minimum required under federal Title VII.
This provision is most relevant to drivers or Uber/Lyft employees who experience harassment from passengers or from others in the workplace context. Senate Bill 1300, effective January 1, 2019, expanded this third-party liability to cover every protected characteristic under FEHA, not just sexual harassment. Government Code § 12940(h) also prohibits retaliation against anyone who reports harassment or participates in a California Civil Rights Department (CRD) investigation.
For the typical passenger assault scenario, the primary legal vehicles are negligence and tort claims, not FEHA. FEHA becomes most relevant when a driver brings a claim against the platform, or when a platform worker faces harassment by a contractor in a workplace context.
What the MDL Structure Means for Your Individual Claim
MDL No. 3084 is not a class action. Each victim retains their own individual claim. Consolidation exists to make pretrial discovery more efficient by litigating common questions, such as driver screening, background check adequacy, training, and Uber’s knowledge of assault reports, once rather than thousands of times. Uber’s prior terms of service previously barred class action lawsuits from passengers; the MDL structure allows individual claims to move forward despite that contractual limitation. Judge Charles Breyer of the Northern District of California presides over pretrial proceedings.
Where Do These Cases Stand Right Now?
|
Date / Period |
Development
|
|---|---|
|
October 2023 |
Judicial Panel on Multidistrict Litigation establishes MDL No. 3084 in the Northern District of California, consolidating Uber sexual assault lawsuits around common questions of driver screening, training, and Uber’s knowledge of assault reports. |
|
March 2025 |
1,562 federal cases pending in MDL No. 3084; more than 500 related cases pending in California state courts; total exceeds 2,000 lawsuits nationwide. |
|
September 2025 |
California state court trial proceeds; Uber’s own statistics expert concedes thousands of annual sexual assault reports involving Uber drivers. |
|
January to February 2026 |
First federal MDL trial commences and concludes; jury returns $8.5 million verdict against Uber. |
|
June 2026 |
More than 3,000 plaintiffs in the federal MDL; hundreds more pending in the California coordinated state proceeding. |
Editor’s note: Plaintiff counts in MDL No. 3084 have changed rapidly. Verify current docket figures before publication.
What You Should Do Right Now If You Were Assaulted During a Rideshare Trip
Evidence to Preserve Immediately: A Checklist
The steps you take in the first days and weeks significantly affect what your attorney can build. Preserve the following as soon as possible:
- Your ride receipt and trip data. Do not delete the Uber or Lyft app. Screenshot the trip confirmation, driver name, vehicle description, license plate, route map, and timestamp. These can later be confirmed against company records, but your copy matters.
- Any in-app communications. Screenshot every message exchanged through the app before or after the ride, including any post-trip rating prompts or driver messages.
- Your report to Uber or Lyft. If you reported the incident through the app or by phone, preserve any confirmation, ticket number, or written response. If you have not yet reported, document why (for example, fear of retaliation or lack of awareness of the process).
- Medical records and SANE examination. If you sought medical care or a Sexual Assault Nurse Examiner (SANE) examination, preserve all records, discharge paperwork, and follow-up appointment notes.
- Police report or incident number. If you filed a report, preserve the report number, the responding officer’s name, and the agency. If you did not file, note the date and your reason.
- Photographs of injuries or the scene. If you have any visible injuries, photograph them immediately and again over the following days as bruising or marks evolve.
- Witness contact information. If anyone saw any part of the incident or its aftermath, including other passengers, bystanders, or anyone you called immediately after, obtain their name and phone number.
- Your own written account. Write down everything you remember as soon as you are safe, including the driver’s appearance, what was said, what happened, and the sequence of events. Send it to your own email or a trusted contact to create a timestamped record.
- Communications with anyone you told. Texts, emails, or voicemails to family, friends, or a therapist documenting what happened near the time of the incident can corroborate your account.
- Prior complaints or reviews about the driver. Search the driver’s name on social media or review platforms. Screenshot anything relevant before it disappears.
Understanding the Claim Timeline and Deadlines
Statutes of limitations vary depending on the legal theory and the forum. Passenger tort claims against Uber or Lyft are generally governed by California’s personal injury statutes, and the FEHA filing deadline for employment-related harassment claims with the California Civil Rights Department should be independently verified at calcivilrights.ca.gov before relying on any specific period. Do not assume you have missed a deadline without speaking with an attorney. Do not assume you have ample time either. Contact counsel as soon as possible.
To understand how damages in California sexual harassment and assault claims are generally assessed, review our article on average sexual harassment settlements in California.
What This Means If You Were Assaulted in an Uber or Lyft
The $8.5 million verdict in February 2026 and the more than 3,000 plaintiffs now in MDL No. 3084 are not abstract data points. They reflect a pattern of litigation in which juries and courts have found the companies’ conduct legally actionable, and in which individual victims have pursued claims to resolution.
The independent-contractor label your driver carries under Proposition 22 is a real legal classification, but it does not close the door on a passenger’s tort claims against the platform. What matters most right now is preserving evidence before it disappears, documenting your account while it is fresh, and speaking with an attorney who can assess your specific facts before any applicable deadline runs. If you are considering whether your experience qualifies, the time to evaluate that question is now, not later. For a detailed look at your rights and options in these cases, you can also visit our page on Uber and Lyft sexual assault cases in California.
Frequently Asked Questions
Can I sue Uber or Lyft even if my driver was an independent contractor?
Yes. Proposition 22 classifies rideshare drivers as independent contractors for purposes of employment law, but it does not eliminate civil tort liability to passengers. Claims based on negligent hiring, negligent retention, and failure to implement adequate safety measures are evaluated on what the company knew and did, not on the driver’s employment classification.
Do I have to join the MDL to pursue a claim?
No. MDL No. 3084 is not a class action. You may file an individual claim. Your attorney can advise whether joining the federal MDL, filing in California state court, or pursuing another path best serves your situation based on your specific facts.
What if I did not report the assault to Uber or to police at the time?
Delayed reporting is common in sexual assault cases and does not automatically bar a civil claim. Preserving whatever evidence exists now and documenting your account promptly are the most important steps. An attorney can advise on how the timing of reporting affects your specific case.
Does FEHA apply to me as a passenger?
FEHA’s non-employee harassment provisions under Government Code § 12940(j)(1) are most relevant to workers, including drivers, who experience harassment in a work context. For passengers assaulted during a ride, the primary legal theories are tort-based negligence claims against the platform rather than FEHA employment claims.
How long do I have to file a claim?
Deadlines depend on the legal theory and the court. Contact an attorney immediately to confirm what deadlines apply to your situation. Do not rely on general information to calculate your own deadline.
If you or someone you know was sexually assaulted during an Uber or Lyft ride in California, contact Setareh Law Group for a confidential consultation. Our attorneys represent workers and victims throughout California and can help you understand your rights and options before any deadline runs.
Contact us today:
📞 Phone: 310-888-7771
✉️ Email: help@setarehlaw.com
🌐 Address: 420 N Camden Dr, Beverly Hills CA, 90210
Disclaimer: This article is provided for general informational purposes only and does not constitute legal advice. Reading this article does not create an attorney-client relationship between you and Setareh Law Group or any of its attorneys. Every case involves unique facts, and the outcome of any legal matter depends on those specific facts and applicable law. You should consult a licensed California attorney to evaluate your individual situation before making any legal decisions.
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