Chicago Food Delivery Sexual Assault Attorney

More than 112 million Americans use services like Uber Eats, Instacart, DoorDash, and other food delivery companies because they are convenient and easy to use [1]. In a survey, 60% of Americans said they use a third-party food delivery service at least once a week, projected to continue growing throughout the next decade [2].

With over 1.4 million food delivery drivers across the United States and millions ordering food online every week, the risk of sexual harassment, physical attack, or sexual abuse is high [3]. Food delivery services may fail to prevent sexual assault, or customers themselves may attack a DoorDash driver or Uber driver.

Rosenfeld Injury Lawyers is committed to helping sexual assault survivors seek justice and financial compensation through civil claims.

WE ARE ONLY ACCEPTING SEXUAL ABUSE CASES INVOLVING INSTITUTIONS.

IF YOU HAVE A MATTER INVOLVING A RELATIVE OR ACQUAINTANCE, PLEASE CONTACT YOUR LOCAL BAR ASSOCIATION

The Role of a Food Delivery Sexual Assault Attorney

A qualified law firm is an essential ally in an Instacart, DoorDash, or Uber sexual assault lawsuit, as we have the experience and resources necessary to seek maximum compensation. You will gain access to a wealth of services that will help accelerate your healing process and ensure you have the best chance of receiving compensation.

• $21 Million – Hotel sexual assault case
• $15 Million – Coach grooming and abuse
• $6.5 Million – Cruise ship rape settlement
• $6.3 Million – Negligent security assault
• $6 Million – Child sexual abuse lawsuit
• $5 Million – Therapist sexual abuse settlement

Expertise and Specialization

Rosenfeld Injury Lawyers is familiar with every aspect of a personal injury claim, including the relevant statutes in your jurisdiction. During your free case evaluation, we will assess what type of claim you have and which laws apply in your case.

We’re also familiar with the obligations of companies like DoorDash, Uber Eats, Instacart, and others regarding vetting their contractors. With our deep knowledge of gig economy regulations and the food delivery service company policies, we can hold companies and their contractors responsible for causing harm.

Investigation and Evidence Gathering

Our law firm is renowned for its strong research skills. We will gather evidence like incident reports, app data, and communication logs between all parties involved to understand exactly what happened and help support your claim.

Additionally, we have professional contacts in the food delivery industry and law enforcement who can provide expert testimony regarding the case’s particulars. This can be a compelling element of a sexual assault case, especially one where there is no direct surveillance footage to corroborate the claims.

By synthesizing all the available evidence, whether that is witness statements or security footage, we can develop strong sexual assault cases that improve your chances of obtaining compensation.

Building a Strong Case

Building a strong sexual assault requires establishing the liability of the responsible parties, whether that is the delivery driver, customer, or company itself. We will use the evidence we have gathered to establish liability.

Liability is based on the concept of negligence, which has four parts: duty of care, breach of duty, causation, and damages.

Duty of care means the liable party is responsible for acting safely to prevent harm to others. For food delivery companies like DoorDash, this can mean performing adequate background checks on drivers and removing dangerous individuals from the platform.

Breach of duty refers to the failure of the responsible party to uphold their duty of care. This could mean failing to perform a background check or refusing to remove a potentially abusive customer.

Causation means that had the liable party upheld their duty of care, the sexual assault or attack would not have happened. This demonstrates that the liable party was responsible, in part or in full, for the incident.

Finally, damages means you suffered financial losses as a result of the assault, whether that is medical bills or time off work.

Once we have established liability, we will calculate your potential damages using information such as your medical expenses, your potential therapy expenses, and the time you needed to take off work due to emotional distress. Most importantly, we will use evidence to identify what future medical treatment you may need and include this in calculations.

Negotiating with Insurance Companies and Delivery Platforms

A food delivery company will do everything possible to avoid you receiving financial compensation through their insurance company, so you must work with a law firm skilled in negotiation.

We are familiar with these companies’ tactics to avoid responsibility and will counter them with the meticulous evidence we have gathered that proves their liability. In many cases, the insurance company will seek to settle as fast as possible and for as little as possible, knowing that the average person is unfamiliar with a typical settlement.

Rosenfeld Injury Lawyers’ attorneys will not settle for less than what we feel your case is worth, and we will work hard to ensure that you receive everything you are entitled to.

Litigation and Court Representation

In many cases, we can successfully settle out of court. However, the insurance company or individual responsible sometimes refuses to provide a fair settlement. In this case, we will file a lawsuit and guide you through the court system, ensuring you are provided the emotional support you need during the trial process.

We will represent you in court and ensure your story is heard, all while working to reduce the impact of a lawsuit on your everyday life.

Rise of Food Delivery Apps: Convenience and Risk

Though services like Uber Eats or DoorDash can be very convenient, they also pose a significant risk for drivers and customers.

Unlike when a customer visits a restaurant, a food delivery driver gains access to their home address or location to drop off the food. Because DoorDash or Uber drivers now know where they live, property owners are at risk for a home invasion, either at the time of dropoff or later.

Delivery drivers may also be in danger of sexual assaults or non-consensual touching, especially a female driver. An Instacart, Uber Eats, or Doordash customer may lure the driver into their home or even perpetrate false imprisonment, taking the driver inside and assaulting them.

While restaurant workers often face sexual harassment at their place of work, a responsible company will put safeguards in place, such as banning customers. The worker is also in a public place, often with witnesses or security cameras. When they are out dropping off deliveries, the driver is physically isolated from others and is therefore at greater risk of sexual violence.

Prevalence of Sexual and Physical Assault in the Gig Economy

Food delivery is a highly dangerous profession due to the risk of physical attack or sexual assault.

In 2020, the Bureau of Labor Statistics reported that there were 25.8 deaths per 100,000 delivery and truck drivers, making it one of the top ten most dangerous professions [4]. While much of this risk comes from traffic accidents, some danger is due to personal injuries from customers.

At least 31 gig workers were murdered in 2022, with 39% of these being Uber drivers [5]. A survey by Georgetown University found that 41% of DC-area food delivery drivers had experienced harassment or assault while on the job [6].

A different survey focused on New York-area food delivery gig workers found that 21% had been assaulted while working, whether sexual assaults or physical assaults [7].

In 2021, a Pew Research Center poll found that 35% of gig workers had felt unsafe while working, and 19% had experienced unwanted sexual advances [8].

However, customers are also at risk from food delivery services. In an instance earlier this year, a Nashville woman was groped by a driver after he delivered her food [9]. Another woman in Ohio was licked and groped by a driver who was dropping off an order under a friend’s account; most disturbingly, he took a picture of her license before inappropriately touching her [10].

Types of Food Delivery Sexual Harassment

Several different actions may be included in sexual abuse. Rape is non-consensual sexual penetration by threat of force or violence, while sexual assault is unwanted sexual contact with an intimate body part. Non-consensual contact with a non-sexual body part may be considered physical assault instead.

Assault by Delivery Drivers

Food delivery drivers may perpetrate sexual harassment, groping, or rape when they arrive at a customer’s doorstep. For example, they may touch a customer while handing them their food, or they may even force their way inside and commit sexual assault in the customer’s home. They may also return later to perpetrate assault if they believe that the customer will be alone later.

Assault by Customers

A food delivery driver, particularly a female driver, may also be vulnerable during delivery or pickup. Customers may engage in unwanted contact or try to enter the driver’s car to drive them elsewhere. In some instances, they may take the driver inside their home or out of view of cameras in the driver’s vehicle.

Other Forms of Sexual Misconduct

While sexual assault is the most severe form of physical violence associated with food delivery, there may be other forms of inappropriate contact. This can include verbal harassment, unwanted sexual advances made verbally or over the phone, or even stalking of a driver or customer.

Legal Issues in Sexual Assault Cases Against Food Delivery Companies

Working with a qualified legal team is crucial to getting justice for a sexual assault related to a food delivery company, as these forms of litigation are incredibly complex. We will assist you with the entire legal process and handle the many challenging issues that may arise when seeking justice in a food delivery sexual assault case.

Complex Liability Questions

The degree to which a company may be responsible depends on the specific hiring circumstances. Suppose the delivery driver was an employee of the company, such as if the victim ordered directly from a restaurant and their own employee delivered the order.

In that case, the company will be held responsible for their employee’s actions through the concept of vicarious liability.

However, companies like Uber Eats, Instacart, and DoorDash hire independent contractors, meaning the drivers are not employees. This reduces the degree to which the company can be liable for the driver’s actions. It also means that drivers have less protection should they be assaulted or attacked by a customer.

However, companies are still responsible for performing background checks on those who use their platform, including running their driver’s license through a criminal database and ensuring they are not allowing dangerous individuals access to innocent people.

Whether the attack occurred on a customer or driver, the company is responsible for having appropriate safety measures, such as flagging dangerous customers or removing dangerous drivers from their platform. They are also responsible for preventing unsafe delivery practices like allowing drivers to enter homes.

Challenges of Proving Assault

Unfortunately, those sexually assaulted by a food delivery service worker may not have corroborating evidence, especially if they do not immediately report the incident to the police or get a sexual assault forensic examination. They may not have cameras that capture the incident in their home, and there may be no witnesses.

This turns the sexual assault case into a “he said, she said” situation, where both parties are absolving themselves of blame.

In these instances, working with an attorney who can thoroughly investigate the circumstances, present evidence, and hold responsible parties accountable through litigation. is crucial

Statute of Limitations

You have a limited period of time to pursue legal action against a delivery driver or customer. The statute of limitations for civil lawsuits related to personal injury ranges from one year to 5 years, depending on your jurisdiction.

Because this period may be relatively short, it’s essential to reach out to a qualified food delivery driver sexual assault attorney as soon as possible. This ensures we have time to take civil action on your behalf.

Types of Damages for Sexual Assault Victims

Our team handles civil litigation related to sexual abuse. Civil lawsuits are not criminal cases. They are meant to compensate the victim for the financial and emotional losses associated with the sexual assault, called damages.

In most cases, you will receive a mixture of both economic and non-economic damages. Economic damages consider the actual financial losses you suffered, which can include:

• Medical expenses
• Out-of-pocket medical costs
• Future medical expenses
• Therapy
• Lost wages
• Loss of future earning potential
• Property damage

Non-economic damages consider how the sexual violence negatively impacted your everyday life, which can include:

• Physical pain and suffering
• Emotional distress
• Loss of enjoyment of life
• Loss of companionship

In some jurisdictions, civil claims that go to court may be awarded punitive damages to punish the perpetrator above and beyond what is expected for a personal injury lawsuit. These are a rarer form of damages that are not always provided for sexual assaults.

Filing a Claim Against the Delivery Company

It is crucial that you act quickly after a sexual assault to ensure you have the best possible chance at securing compensation.

First, always call the police, which is essential if you intend to press criminal charges. If you have been sexually assaulted, you will need a sexual assault forensic examination, which will preserve evidence and document any physical injuries you may have.

Once complete, call us to schedule your free consultation, and we can begin the civil lawsuit process. This includes the following:

• Free Case Review—When you first contact us, we will gather the case details, including when and where it happened. This will allow us to assess whether we believe you have a case and what types of damages you may be eligible for.
• Determining Case Type—Each jurisdiction has a slightly different legal framework. We will use our knowledge of state and federal law to assess your case so we can file it correctly.
• Gathering Evidence—Our team will review everything related to the incident, including surveillance videos or photos, medical reports, police records, app data, and eyewitness testimonies. Using this, we’ll create a complete narrative of the events, which we can use to identify who is responsible.
• Establishing Liability—Using the information we have gathered, we will identify who we believe is liable for the sexual assault. This will be based on the concepts of liability and vicarious liability, including the driver’s relationship to the company. Liable parties can include the driver, the company, or even third parties, such as someone who allowed a person unauthorized access into an apartment complex.
• Negotiation – Once we have identified who is liable, we will issue a demand letter explaining what we expect to receive. The relevant party will provide a counteroffer based on their own determinations of what they feel you deserve, and we will negotiate until we reach an agreeable settlement for all parties involved. It is important to note that if you agree to a settlement, you cannot go back and ask for more money later, as these are legally binding agreements. As such, it’s important to always talk to your attorney before agreeing to sign anything.
• Trial Representation—Most cases are settled out of court, but the company sometimes refuses to cooperate. In these instances, we will file a lawsuit and take the case to court. Court cases take longer and are more expensive in terms of legal fees, but they may also provide a higher sum than possible through a settlement.

Contact a Food Delivery Sexual Assault Lawyer Today!

If you’ve been the victim of sexual assault or sexual harassment while working or using food delivery, you deserve financial compensation. Rosenfeld Injury Lawyers fights tirelessly to protect victims, ensuring they have the support they need to recover. Our law firm has recovered millions for our clients and works on a contingency fee basis, meaning you owe us nothing unless we can win your case

To schedule your free consultation with a highly accomplished attorney, contact us 24/7 by calling (888) 424-5757 or using our online form.

Specific Cases We Handle

• Foster Care Abuse
• Hazing Lawsuits
• Hotel Sexual Assault

References: [1] Fundera, [2] Fundera, [3] Zippia, [4] Routific, [5] Jalopnik, [6] Georgetown University, [7] City University of New York, [8] WTAE, [9] WKRN, [10] WLWT

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.