Suing Lyft or Uber for Sexual Assault is Harder (But Not Impossible) in Texas

Suing Lyft or Uber for sexual assault in Texas is harder than in most other states. Texas law classifies rideshare drivers as independent contractors and explicitly states that Transportation Network Companies (TNCs) are not common carriers. These two legal shields create barriers that require survivors to prove “gross negligence” by clear and convincing evidence rather than ordinary negligence.

This does not mean lawsuits are impossible. Texas survivors can still pursue claims against Uber and Lyft, but the path requires a focused legal strategy targeting the company’s direct failures rather than simply holding them responsible for their driver’s actions.

Why Is Suing Uber or Lyft for Sexual Assault So Difficult in Texas?

Texas has created one of the most protective legal environments for rideshare companies in the country. Through a combination of state statutes and court rulings, survivors face unique obstacles that don’t exist in states like California or Illinois.

Three major legal barriers work together to shield Uber and Lyft from liability:

Independent Contractor Status: Under Texas Occupations Code Chapter 2402, rideshare drivers are classified as independent contractors “for all purposes” if the company meets four specific criteria. This classification severs the traditional employer-employee relationship that would make companies responsible for their workers’ actions. In the 2025 Acosta v. Uber case, a Texas appeals court ruled this statute effectively blocks vicarious liability claims against Uber for driver conduct.

No Common Carrier Duty: In California, courts have ruled that Uber operates as a “common carrier” similar to airlines or trains, imposing the highest duty of care to protect passengers. Texas law explicitly rejects this theory. Texas Occupations Code § 2402.002 states that TNCs “are not common carriers, contract carriers, or motor carriers.” This closes the door to non-delegable duty claims that have succeeded in other jurisdictions.

The 2023 Gross Negligence Barrier: House Bill 1745, which took effect September 1, 2023, added Chapter 150E to the Texas Civil Practice and Remedies Code. This law prevents TNCs from being held vicariously liable unless the plaintiff proves gross negligence by clear and convincing evidence and shows the company failed to meet its background check obligations.

What Is the “Gross Negligence” Standard in Texas?

Gross negligence is a much higher bar than ordinary negligence. To succeed, a survivor must prove two things:

Objective Risk: The company’s action or inaction involved an extreme degree of risk, considering the probability and magnitude of potential harm.

Subjective Awareness: Uber or Lyft had actual, subjective knowledge of the risk but proceeded anyway with conscious indifference to the safety or welfare of passengers.

This standard means it’s not enough to argue that Uber “should have known” a driver was dangerous. Survivors must prove the company actually knew about specific risks (perhaps through prior assault reports about that driver) and deliberately chose to keep them on the platform. This evidence can be difficult to obtain without extensive discovery.

What Legal Theories Can Succeed in Texas?

Despite these obstacles, Texas law does not grant rideshare companies total immunity. The strongest claims focus on the company’s own failures rather than the driver’s actions.

Negligent Hiring and Retention: This is often the most viable theory in Texas. If Uber or Lyft failed to conduct the background check required by state law or ignored specific “red flags” (such as a prior assault complaint against the driver), they can be held directly liable. The key is proving the company knew or should have known the driver posed a foreseeable danger.

Ratification: Texas law allows claims that a company “ratified” harmful conduct. This requires proving Uber or Lyft knew about a driver’s specific misconduct and chose to retain them or failed to take action. Simply keeping a driver after vague complaints is usually insufficient. The company must have shown an intentional act confirming the harmful behavior.

Fraud or Misrepresentation: Some survivors have pursued claims that Uber’s marketing (such as “Safe Ride Home” campaigns) constituted false representations they relied on when choosing to use the service. These claims require proving specific reliance on specific safety statements.

Product Liability: This theory argues the rideshare app itself is a defective product due to missing safety features like biometric identity verification. Texas courts apply a “predominant purpose” test. If the court views the app primarily as a service rather than a product, these claims may fail.

If you’ve been sexually assaulted during a rideshare, an experienced rideshare accident attorney can evaluate which theories apply to your situation. Schedule a free consultation to discuss your options.

How Does the Federal MDL Affect Texas Cases?

Most rideshare sexual assault cases against Uber are currently consolidated in Multidistrict Litigation (MDL) No. 3084 before Judge Charles Breyer in the Northern District of California.

Why Cases Move to Federal Court: Because Uber is incorporated in Delaware with headquarters in California, cases involving Texas plaintiffs seeking more than $75,000 can be removed to federal court based on diversity of citizenship.

MDL Rulings for Texas Plaintiffs: In August 2024, Judge Breyer issued mixed rulings. He dismissed common carrier and strict product liability claims for Texas plaintiffs specifically because of Texas statutes. However, he denied the motion to dismiss gross negligence and punitive damages claims. He ruled that allegations of Uber’s systemic failure to address sexual assault could plausibly meet Texas’s gross negligence standard at the pleading stage.

This makes federal court potentially more favorable for surviving initial dismissal than Texas state court, where the Acosta precedent strongly reinforces the independent contractor shield.

What Damages Can Sexual Assault Survivors Recover?

Texas personal injury law allows survivors to seek compensation for both economic and non-economic losses:

Economic Damages: Medical expenses (physical and mental health treatment), counseling and therapy costs, lost wages and lost earning capacity, and related out-of-pocket expenses.

Non-Economic Damages: Pain and suffering, emotional distress, anxiety, depression, PTSD, loss of enjoyment of life, and damage to personal relationships.

Punitive Damages: If gross negligence is proven, Texas law permits exemplary (punitive) damages designed to punish the company and deter future misconduct. These can be substantial in cases involving patterns of corporate negligence.

What Is the Deadline to File a Rideshare Sexual Assault Lawsuit in Texas?

Texas has a two-year statute of limitations for most personal injury claims, including sexual assault. This means survivors generally have two years from the date of the assault to file a lawsuit. However, the civil statute of limitations for sexual abuse cases can be more complex depending on when the assault was discovered and other factors.

Missing this deadline typically bars recovery entirely. Given the complexity of rideshare litigation and the potential for cases to be consolidated in federal MDL proceedings, early consultation with an attorney is essential.

Watch: Filing Deadlines for Sexual Abuse Claims in Texas

Quick Reference: Liability Theories in Texas

Liability Theory	Status in Texas	Key Challenge
Vicarious Liability	Blocked	Drivers are independent contractors under Tex. Occ. Code § 2402.114
Common Carrier Liability	Blocked	Statute says TNCs are not common carriers
Negligent Hiring/Retention	Viable	Must prove company knew of or ignored specific red flags
Gross Negligence	Viable (Difficult)	Must prove actual awareness and conscious indifference
Fraud/Misrepresentation	Viable (Narrow)	Must prove specific reliance on specific safety claims

Why You Need an Experienced Attorney for Rideshare Assault Cases

Rideshare sexual assault cases in Texas require a law firm with the resources and experience to take on large corporations. At Varghese Summersett, our team includes more than 70 legal professionals across four Texas offices. Our attorneys have decades of combined experience handling complex personal injury cases against well-funded corporate defendants.

These cases require extensive discovery to uncover evidence of prior complaints, internal safety decisions, and patterns of corporate neglect. We have the resources to pursue the evidence needed to prove gross negligence and hold rideshare companies accountable.

If you or a loved one has been sexually assaulted during an Uber or Lyft ride, you deserve a legal team that understands the unique challenges of Texas law. Find out what your case is worth. Schedule a free consultation today.

Frequently Asked Questions

Can I sue Uber or Lyft if I was sexually assaulted by a driver in Texas?

Yes, but Texas law makes these cases more difficult than in other states. You can pursue claims based on negligent hiring, gross negligence, or fraud. An attorney can evaluate which theories apply to your specific situation.

Why can’t I just hold Uber responsible for what their driver did?

Texas law classifies rideshare drivers as independent contractors, not employees. This means companies generally aren’t automatically responsible for driver actions. Your case must focus on the company’s own failures, such as inadequate background checks or ignoring prior complaints.

What evidence do I need to prove gross negligence against Uber or Lyft?

You must show the company had actual knowledge of an extreme risk to passenger safety and proceeded with conscious indifference. Evidence might include prior assault reports about the same driver, internal safety studies the company ignored, or patterns of inadequate screening.

How long do I have to file a lawsuit after a rideshare sexual assault in Texas?

Texas generally has a two-year statute of limitations for personal injury claims, including sexual assault. The deadline can vary based on specific circumstances, so consult an attorney as soon as possible to protect your rights.

Should I file my case in state court or federal court?

This depends on your specific situation. Federal MDL proceedings have been more favorable for Texas plaintiffs at the pleading stage. An experienced rideshare assault attorney can advise you on the best venue for your case.