The moment of impact ... the video shows Golden landing about eight blows on Caban’s head

Former Taco Bell executive Benjamin Golden, 32, of Newport Beach was arrested in November and charged with misdemeanour assault and battery for allegedly hitting driver Edward Caban, 23, on October 30 in Costa Mesa in Orange County.

Assailant suing victim for $5 millionSource:Supplied

In November, the driver sued the 32-year-old Golden for more than $25,000 in damages.

The Orange County Register reported that Golden filed a cross-complaint last month saying Caban illegally recorded him and posted the video to YouTube.

The now-viral video captured by a dashboard-mounted camera shows Golden repeatedly striking Caban on the trip.

According to the newspaper, Golden says he was intoxicated and began to “fear for his safety and wellbeing” when the driver pulled over to “kick” him out of the car in an unfamiliar location. In the altercation, Golden was blinded by the driver’s pepper spray, the lawsuit says.

As a result of media coverage, Golden says he suffered humiliation and the loss of his job. The lawsuit claims invasion of privacy, infliction of emotional distress and assault and battery.

The moment of impact ... the video shows Golden landing about eight blows on Caban’s headSource:Supplied

In an interview in November, Caban’s lawyer Rivers Morrell said the Uber driver was traumatised by the attack.

“It’s been a living nightmare for this young kid who has never had any altercations,” Morrell told the Register. “He’s fearful, he can’t sleep, he just can’t get this out of his head.”

Golden has pleaded not guilty to the criminal charges.