Hurt in a Taxi? Talk With a Lawyer Who Will Listen First

Being sexually assaulted by a taxi driver is frightening, and it can leave you with hard questions. In New Mexico, you may be able to file a civil lawsuit for money damages against the driver and, in some cases, the taxi company. This page explains how that claim works, who it can name, what it can cover, and how a taxi driver sexual assault lawyer in Albuquerque reviews one.

What a taxi driver sexual assault lawsuit is and who it is for

A taxi driver sexual assault lawsuit is a civil claim. The injured person asks a court for money to cover the losses the assault caused.

A civil case is separate from a criminal case. Criminal charges and civil injury claims are different kinds of matters.

This page is for adults in Albuquerque and Bernalillo County who were assaulted during a taxi ride. It also helps family members weighing a claim after a death linked to an assault.

A taxi ride can leave a passenger alone with a driver who works for a company. That setup is why the company may matter to the claim.

Many people feel unsure whether they have a claim at all. A lawyer can review the facts, explain the options, and show whether a claim fits your situation.

Who a claim can be brought against

A claim can name the driver, and it may also name the taxi company when the facts support that step.

The driver who committed the assault can be named as a defendant for his own conduct. The company is a separate question. New Mexico law can hold an employer answerable for an employee’s acts in some situations.

Under respondeat superior, the injured person must show the employee was acting within the scope of employment, according to the UJI 13-1647 NMRA commentary. A negligent hiring, retention, or supervision claim does not require that scope, according to the same commentary.

For negligent hiring, the injured person must show the employer knew or should have known the driver would create an unreasonable risk of injury to a group or class that includes the injured person. The person must also show the employer failed to use ordinary care, and that this failure caused the injury.

Negligent entrustment is another theory. DeMatteo v. Simon requires showing the company entrusted its vehicle to the driver, knew or should have known the driver was incompetent, and that the incompetence caused the injury. Because that theory focuses on driving competence, it fits some facts better than others.

Under NMSA 1978 § 41-3A-1, the general rule is several liability, so a defendant answers for its own proportion of fault, but joint and several liability still applies to persons who acted with the intention of inflicting injury or damage. Listed exceptions include situations where one party is vicariously liable for another. Naming the right parties early also helps preserve dispatch logs, trip data, and driver files.

What a claim can cover

A claim can seek money for medical bills, counseling, lost income, and pain and suffering caused by the assault.

• Medical costs: emergency care, testing, treatment, and future care tied to the assault.
• Counseling: mental health care for trauma, anxiety, and sleep trouble.
• Lost income: lost wages and lost earning ability, if injuries affected your work.
• Pain and distress: emotional distress and loss of enjoyment of life.
• Death losses: funeral and burial costs, and losses to surviving family.

Which categories apply depends on your injuries, your records, and the facts of your case.

For a fatal assault, a wrongful-death action is brought by the personal representative of the deceased person. The jury may award compensatory and exemplary damages it deems fair and just, under NMSA 1978 § 41-2-3.

A close family member may also have a separate loss of consortium claim. Those damages belong to that family member, not to the injured person or the estate, as stated in Thompson v. City of Albuquerque.

How the process works: steps and timeline

The process usually starts with a consultation, then moves through evidence, investigation, negotiation, and, if needed, a lawsuit.

1. Consultation. You talk through what happened, your medical and emotional needs, and whether a claim fits.
2. Evidence. Keep the trip receipt, app or dispatch records, messages, photos, medical records, and names of anyone you told.
3. Investigation. The driver, the company, and the trip are reviewed, including records requests and witness interviews.
4. Demand and negotiation. The claim is presented to insurers or defendants, which may lead to a settlement.
5. Lawsuit, if needed. If a fair resolution isn’t reached, a case is filed in the proper New Mexico court. Discovery, depositions, and possibly mediation or trial follow.

Time limits matter. NMSA 1978 § 37-1-8 sets three years for an injury to a person. A wrongful-death action must be brought within three years after the cause of action accrues, which is the date of death, under NMSA 1978 § 41-2-2. Other rules can change these deadlines in some cases, so early review matters.

Civil claim and criminal report: how they fit together

A police report and a civil lawsuit are different things.

A civil claim is brought by the injured person or a family representative, and it asks for money damages.

You decide whether to report to police. The timing of a report and a civil claim can affect each other, so it helps to think through both early.

Statistics on sexual assault and its effects on survivors are summarized by the National Sexual Violence Resource Center. Those figures describe the wider picture; they do not describe your case.

Why El Gringo Law, and what the consultation costs

El Gringo Law is a New Mexico personal injury firm. Its practice areas include sexual assault, car accidents, trucking accidents, premises liability, negligent security, wrongful death, catastrophic injuries, spinal cord injuries, amputations, and burn injuries.

Josh Wood is the lawyer responsible for this page. He is licensed in New Mexico and Arizona. In New Mexico, clients are represented by the firm’s lawyers, with assistants and office staff providing administrative support.

The initial consultation is free, confidential, and carries no obligation to continue (consulta inicial gratuita, confidencial y sin compromiso).

Contact information: El Gringo Law, elgringolaw.com, contact page.

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