In many sexual assault cases, evidence is scarce. There may be no witnesses, no camera and no written record of where two people were or when. Rideshare cases are different. Every ride begins as a digital request, moves along a tracked route and ends with a timestamped receipt. Behind that sits a company database containing who the driver was, when they were approved and what other passengers have said about them. For a survivor, that record can do much of the work that memory alone cannot.
Using it does not depend on a police report or a criminal conviction. A civil claim examines what the rideshare company knew, what it should have known and how it responded, and the company's own data usually answers those questions.
Why Rideshare Data Is So Complete
A rideshare assault takes place in a private car, but the trip itself is arranged through an app. That arrangement means the platform holds the driver's identity, the route, the timing and any earlier complaints about that driver. Few other settings generate such a thorough account of a single encounter.
Chicago's Record-Keeping Rules
Chicago spells out how much data companies must maintain. Under Section 9-115-210 of the Municipal Code, each licensed company keeps books and records of its operations for no less than three years. It also reports to the city detailed operational data, including trip requests, pickups and drop-offs, driver sessions, vehicles and periodic location snapshots for every stretch of time a driver is logged in. The ordinance does not require companies to share passengers' personal information with the city, but each company retains your account and trip details on its own systems.
The Records Usually Requested
In a claim, the requests typically cover five categories of information:
- The GPS trace of the trip, showing any stops, detours or route changes.
- The driver's account history, including approval date, background check results and identity checks.
- Complaints or safety reports from other riders about the same driver, and what the company did in response.
- In-app messages and call logs between you and the driver.
- Your own in-app report and the company's reply.
Earlier Complaints Are Often Decisive
Of all those records, prior complaints frequently matter most. If other passengers had reported the same driver and the company left that driver on the app, that decision sits at the heart of a negligent retention or supervision theory. Claims are usually brought against the platform rather than only the driver, and negligent screening is the theory that most often carries them, often alongside others.
What the Law Required the Company to Check
The Transportation Network Providers Act, 625 ILCS 57, requires companies to run local and national criminal background checks that include a multi-state search and the National Sex Offenders Registry, and to review a driving history report before approving a driver. Records showing what those checks returned, and when, can reveal whether the company met its obligations.
Receipts and Photos
The Act also requires the app to show passengers the driver's picture and license plate before pickup and to send an electronic receipt listing origin, destination, time and distance. Those features double as evidence. They can confirm which trip, which car and which person were involved.
Protecting the Data
Do not delete the app or your account. Your trip history, receipt and in-app messages are your fastest proof of which ride and which driver. Screenshots help too. A lawyer can also send the company a request to preserve its trip and driver records.
A Federal Proceeding to Know About
Federal lawsuits brought by passengers against Uber have been coordinated in the U.S. District Court for the Northern District of California before Judge Charles R. Breyer, under the title In re: Uber Technologies, Inc., Passenger Sexual Assault Litigation, Case No. 3:23-md-03084-CRB. Whether an Illinois claim belongs there or in an Illinois court depends on its facts.
Questions About the Records
Can I get the records myself? You can save what is in your own app. The company's internal records usually require a formal legal request.
I deleted the app after the ride. That is understandable. The company still keeps its own records, and a lawyer can request them.
Do private companies get special legal protection? Not the kind Illinois gives public bodies. Rideshare companies are private, so the Tort Immunity rules do not apply in the same way.
Working With Our Firm
Calling us puts nothing in motion by itself. You will speak with a person and can keep details to yourself. With your permission, we research at no cost which company was responsible, which records exist, what the company knew and whether a claim remains timely. You get an honest assessment and decide. If you stop, your information stays confidential. If you continue, we handle filings, deadlines, record requests and insurers, and we can ask the court to protect your identity.
Reach Ervin Nevitt
Ervin Nevitt is a partner at Coplan + Crane and joined the Illinois bar in 2014. The firm picks up (708) 671-6858 around the clock from its office at 60 W Randolph St, Suite 333, Chicago, IL 60601.
RAINN's National Sexual Assault Hotline, 1-800-656-4673, is available free and in confidence whenever you need it. If anyone is in danger, call 911. Reaching out to RAINN leaves your legal options unchanged. Learn more: https://survivorsofabuseil.com/rideshare-sexual-assault-lawyer-il/
Attorney advertising. Offered as general information; it is not legal advice.
