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Chicago Food Delivery Sexual Assault Lawyer
Should You Hire a Chicago Food Delivery Sexual Assault Attorney?
A Chicago food delivery sexual assault lawyer assists victims of sexual violence in getting justice for assaults by food delivery drivers. While you can press criminal charges, you can also pursue civil claims, which help you recover damages for the devastating impact of physical or sexual violence.
We will thoroughly investigate your case and negotiate with the relevant parties to ensure you receive the maximum compensation. Everything you share with our attorneys is confidential, and we will protect your privacy throughout the legal process.
Contact us today to hold food delivery and restaurant workers accountable for their inappropriate behavior. We offer free consultations and work on a contingency fee basis, so you owe us nothing unless we secure compensation for you.
Verdicts and Settlements from Our Law Firm in Chicago
- $21,000,000 for failure to perform background checks, resulting in an assault
- $6,350,000 for negligent security resulting in a sexual assault
- $2,000,000 for a woman assaulted by a driver
- $1,900,000 for a woman stalked by a driver
The Rise of Food Delivery Services and Associated Assault Risks in Chicago
The popularity of DoorDash, GrubHub, Uber Eats, and other food delivery companies has put thousands of people at risk of being sexually assaulted. These transactions often take place at private homes, frequently at late hours, and property owners may not have security measures, such as doorbell cameras, that can capture the interactions.
Food delivery workers are trusted with private information like addresses and phone numbers, which could be used to perpetrate sexual assault and abuse. In some instances, drivers may return to a location at a later date to commit crimes.
Gig workers are also at serious risk of sexual or physical violence. A study by City University of New York found that 21% of delivery drivers had been assaulted and that gig workers were 36% more likely than workers in other professions to be harassed on the job.
Who Can Be Affected?
Both customers and drivers can become victims of sexual assault or harassment in these interactions. Customers may be attacked by drivers who arrive at their home or hotel room, where they may be isolated from others who could intervene.
In one chilling example from Massachusetts, an Uber Eats driver sexually assaulted a woman who allowed him into her apartment on a cold night. The man had used a picture of a female family member on his profile before arriving at the victim’s home. As he did not speak English, the victim called a Spanish-speaking friend to translate so they could finish the transaction. The perpetrator then gained control of her phone, ended the call, and assaulted her.
Delivery drivers can also be vulnerable to sexual harassment or attempted rape from customers or third parties. These workers are usually alone and may be delivering to isolated areas where no one can help them.
A Georgia Uber Eats driver was dropping off food when a man exposed himself to her and offered to pay her for sexual acts. In another example, an Uber Eats driver was fondled when delivering food to a Quality Inn in Oklahoma City.
Types of Sexual Abuse and Assault Occurring During Food Delivery
Illinois law describes several different types of abuse or assault. Understanding the difference is important not just for a criminal case but also for a civil lawsuit, as it can determine how your sexual abuse lawyer approaches the case.
- Unwanted Touching: This includes groping, fondling, or any unwanted, sexualized contact.
- Sexual Harassment: Sexual harassment is usually examined in relation to employment, but it can also happen outside of the workplace. The Illinois Human Rights Act defines this as unwanted sexual advances and requests for sexual favors.
- Indecent Exposure: Chicago defines this as any manner of dress that exposes the genitals, pubic hair, or breasts.
- Stalking: Illinois law defines stalking as conduct directed at another person that could cause them to fear a physical attack or sexual assault. The person must follow or surveil the other person at least two times, and the victim must have suffered some form of emotional distress.
- Rape: In the Illinois Criminal Code, criminal sexual assault is defined as forced sexual penetration or sexual conduct. Cases like People v. Lamonica note that using the body’s inertia to keep the victim from moving is enough to constitute force.
Why Do These Assaults Happen?
Several factors contribute to why Uber Eats and other delivery companies have a higher risk of sexual assault. These include the following.
- Isolation: Food deliveries happen at a person’s home, hotel room, or other isolated locations.
- Lack of Supervision: Drivers are sent out on their own to delivery locations, putting them and customers at risk of assault.
- Lack of Adequate Safety Protocols: Delivery companies like Uber Eats or DoorDash should conduct thorough background checks; however, drivers may sign up under a family member’s name or otherwise conceal their identities.
- High-Risk Delivery Locations: Companies may not warn their drivers about known risks at delivery locations.
Liability in Food Delivery Sexual Assault Cases
The perpetrator is always liable for committing sex abuse, but sexual assault victims can hold other responsible parties accountable. To do this, our personal injury law firm must determine how these parties, such as the food delivery company, may have contributed to the abuse, for example, by failing to supervise high-risk contractors. These complex issues require the expertise of an experienced attorney to navigate.
Perpetrator Liability: Filing Civil Lawsuits Against the Attacker
Delivery workers or customers who commit illegal acts can be criminally charged if sufficient evidence is available. However, many survivors may be afraid of coming forward, so they may not file charges. You can still take legal action through a civil lawsuit, even if you do not report the crime to the Chicago Police Department. Civil suits are separate from criminal cases, so choosing not to report the assault will not harm your case.
Can the Food Delivery Service Company Be Held Liable?
Companies should be liable for the conduct of those they contract with or for any harm to their delivery workers, but this can be challenging due to various factors, such as the company’s structure. By hiring legal representation, you have a better chance of holding these companies accountable.
Food delivery workers are typically hired as independent contractors by companies like DoorDash, Grubhub, Uber Eats, and Postmates. This limits the company’s liability for the actions of its drivers. However, our legal team can consider whether they were negligent in hiring, supervising, or training a contractor.
One of the strongest arguments is negligent hiring or retention. Companies should conduct thorough background checks on delivery drivers, including identifying whether they have been charged or convicted of a violent crime. If they don’t check a worker’s record, then they can be liable.
Negligent retention is another consideration. If customers had complained about a food delivery driver, but the company didn’t remove them from the delivery platform, the company could be responsible for any harm caused by the driver.
On the other hand, if delivery drivers had expressed concerns about a customer’s behavior, then the customer should have been blocked from using the delivery app. Prioritizing profit over driver safety is also negligence.
Every company should train its employees to recognize potentially hazardous situations and encourage them to report any misconduct. Additionally, they should implement safety measures that will reduce the risk for customers and employees. One example would be no-contact deliveries, where the driver confirms the delivery through a photo rather than directly interacting with the customer. Mandating face-to-face deliveries could be considered negligence.
Lastly, the company can be liable if it ignores complaints about a driver’s or customer’s potentially dangerous conduct. We will need to prove that the company was aware of concerns through previous reports or communications.
Legal Duties of Food Delivery Companies Regarding Safety
Most workers in the food delivery industry are legally defined as independent contractors, meaning that they are in business for themselves. As such, laws like the Fair Labor Standards Act (FLSA) do not apply to them.
In addition to determining minimum wage and overtime, the FLSA also establishes a company’s liability for employees and outlines an employee’s rights, such as the ability to address grievances.
However, with the explosion of app-based work platforms, these definitions are being challenged in court, potentially changing the relationship between delivery workers and the companies that employ them. These developments may lead to delivery platforms being held to a higher standard regarding safety for both customers and workers, such as imposing greater vicarious liability.
Currently, delivery platforms have a responsibility to ensure the safety of transactions between workers and customers, including taking necessary steps to verify that anyone working for them does not pose a risk to their customers. Companies like Uber Eats, DoorDash, Grubhub, and Postmates have published guidelines that could be used in court to demonstrate their awareness of their obligations. If they did not restrict or remove accounts that violate their policies, then they can be held liable.
What Steps Should You Take Immediately After an Assault?
Many survivors are in shock after being assaulted. It’s crucial to prioritize your immediate safety, seek medical attention, and report what happened to both the police and the delivery platform. By doing so, you can preserve crucial evidence that can be used in both criminal and civil cases.
Prioritize Safety and Seek Medical Attention (SANE Exam)
After a sexual assault, go to the nearest hospital for medical care. Visit the closest emergency room, such as UChicago Medicine or Rush University Medical Center, and ask for a Sexual Assault Nurse Examiner (SANE) exam. SANE nurses are medical professionals specifically trained to collect forensic evidence of a sexual assault.
The SANE nurse can help you report the crime to the police and connect you with victim advocates who will support you throughout your case. Under Illinois law, you cannot be charged for a SANE exam (410 ILCS §70/1). If you don’t have health insurance, then the Illinois Department of Healthcare and Family Services will cover the cost.
Report the Assault: Police and the Food Delivery Service
You should report the assault to the Chicago police and the food delivery platform. Reporting to law enforcement creates a legal record of what happened to you and allows you to seek justice through a criminal case if you choose.
Our personal injury law firm can also help you explore other legal options, including a civil lawsuit. A police report is strong evidence that helps establish what happened.
Additionally, you should report the delivery driver to the platform. This notifies them of what happened and may lead to the driver having their profile removed. Additionally, it creates a record that demonstrates the company’s awareness of what happened. If they don’t take action, this can be held against them.
Preserve Evidence for Your Case
You should retain any evidence related to your case, as our law firm can use it to establish liability. Some evidence you can collect includes:
- Police reports
- Medical records
- Medical expenses
- Therapy notes
- SANE exam results
- Screenshots of app interactions
- Driver info
- Clothing worn during the assault
- Witness information
- Journal of events
Seeking Justice and Financial Compensation Through a Civil Lawsuit
A civil lawsuit holds the perpetrator or negligent companies accountable for what happened. It is different from a criminal case, where the goal is to punish the perpetrator. Instead, a civil lawsuit aims to compensate a survivor for their suffering and financial losses.
Damages Recoverable in Food Delivery Sexual Assault Claims
Our Chicago sexual abuse lawyers can help you recover a variety of damages related to the sexual assault. This includes both economic damages and non-economic damages. Economic damages are for hard financial losses you incurred as a result of the crime, while non-economic losses consider the emotional and social damage you suffered.
Compensation for Medical Treatment and Psychological Therapy
You should not have to pay for any medical bills or therapy costs resulting from the sexual assault. Some of these expenses include:
- Emergency room visits
- Medical expenses for physical injuries
- Post-exposure prophylactics
- Vaccines or antibiotics
- Contraception
- Mental health treatment
- Psychiatric medications
- Counseling for PTSD, depression, or anxiety
You can also receive compensation for lost wages if you had to take time off work. If you had to change jobs due to the trauma, you might also be eligible for loss of earning potential.
Recovering for Emotional Distress, Pain, and Suffering
Sexual assault can cause tremendous emotional damage to a victim, which should be considered in your settlement. Some of these non-economic damages include:
- Pain and suffering
- Severe emotional distress
- Fear
- Humiliation
- Violation of dignity
- Inconvenience
If your case goes to court, the jury may award punitive damages. These are intended to punish the perpetrator for willful or wanton misconduct, particularly when significant force or violence was involved in the attack. You will not receive these if we settle out of court, and they are not guaranteed. If we believe these are appropriate, we will submit a request for punitive damages to be considered.
Illinois Statute of Limitations for Sexual Assault Civil Lawsuits
Generally, the statute of limitations for personal injury in Illinois is two years from the date of the injury. However, there are exceptions, especially for sexual assault of a minor. If the victim is under 18, they can file a lawsuit up to 20 years after they reach the age of 18.
It is essential that you consult with an attorney as soon as possible. This ensures we can collect key evidence, interview witnesses, and begin negotiating with relevant insurance companies before the deadline passes.
Why You Need an Attorney Experienced in These Cases
Not every law firm is experienced with sexual assault litigation, particularly those that involve the gig economy. These cases have complex liability issues, including the legal definition of workers as independent contractors and the company’s responsibility for hiring gig workers.
Our firm has worked on hundreds of cases involving companies like Uber, and we have a deep understanding of the relevant laws surrounding company liability. Additionally, we take a trauma-informed approach to working with sexual assault survivors, respecting their need for privacy and care.
This combination of legal acumen and compassionate representation empowers survivors to speak out against those who have harmed them, while also securing a fair settlement from all liable parties.
How Our Law Firm Investigates Food Delivery Sexual Assault Claims
We take a systematic approach to sexual assault cases that prioritizes the client’s safety and comfort. Our team will assist you with all elements of your case, including the following.
Conducting Interviews: We know that sexual assault victims face major challenges when sharing their stories. Reliving that experience can be frightening and frustrating, even with the most compassionate lawyers present. We sensitively gather the most pertinent details and will respect your needs throughout the process.
Investigating the Perpetrator: Our team will utilize all available resources to gain a deeper understanding of the liable parties, including the perpetrator. We can find information such as previous criminal charges, failed background checks, and any complaints with the company.
Reviewing Company Records: We will subpoena the company for any information related to your case. This can include background checks, complaints against the driver, and internal communications about your complaint. Through this, we can demonstrate that the company was aware of the driver posing a risk to the public but failed to respond.
Hiring Experts: Medical professionals, psychologists, and labor experts may all prove useful in your case. These experts can demonstrate things such as the long-term impacts of sexual assault on individuals, how you were impacted by what happened, and what liability the company shares in your case.
Building a Strong Case: Winning a personal injury case relies on several key factors, including strong evidence, effective legal support, and skilled negotiation. Our nationally recognized lawyers will use all our resources to demonstrate why you deserve the highest possible compensation.
Fighting for Delivery Workers and Customers Alike
We are committed to helping all survivors of sexual assault, representing both customers assaulted by drivers and workers attacked while on the job.
Each case is unique, and we will work to demonstrate the specific factors at play in your case. This personalized approach gives you the best possible chance at receiving compensation.
Contact Our Chicago Law Firm for a Confidential Free Consultation
Our firm is feared by insurance agencies nationwide due to our strong track record of success and high payouts. Over the past 25 years, we have secured over $450 million for our clients, achieving a 98% success rate.
We work on a contingency fee basis, meaning that you owe us nothing unless we secure compensation for you. This ensures that everyone can receive world-class legal support regardless of their financial means.
To schedule a free legal consultation with our personal injury attorneys, call us at (888) 424-5757 or use our online contact form.
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Jonathan was very helpful with my case! He listened to everything I had to say. He took all my information and used it to the best of his ability. just felt like he cared he did everything he could soon as he was able to do it! I would definitely recommend him and would use him again if I ever need him!!
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All content undergoes thorough legal review by experienced attorneys, including Jonathan Rosenfeld. With 25 years of experience in personal injury law and over 100 years of combined legal expertise within our team, we ensure that every article is legally accurate, compliant, and reflects current legal standards.