A former Taco Bell executive who was filmed drunkenly attacking an Uber driver for kicking him out of his car is suing his victim for more than $7 million.

Ben Golden, 32, was sacked after footage emerged of him slapping Edward Caban around the head during a late-night ride home in Costa Mesa, California on October 30.

Mr Caban turned his dashcam around to face him and Golden just before he was attacked.

He was forced to pepper spray Golden to defend himself.

Video of the attack has been viewed more than two million times since Mr Caban uploaded it to YouTube.

Golden is suing Mr Caban for $7.2 million saying he was filmed "without the consent of all parties".

Mr Caban is already suing Golden, saying he now suffers post-traumatic stress and lives in fear.

Golden's lawyer Courtney Pilchman said Mr Caban was "quite the opportunist" who was to blame for the any injuries suffered as a result of the slapping.

"I don't believe he has any of those (mental conditions)," Ms Pilchman said.

"Because of the overwhelming media coverage of the video, Mr Golden has suffered severe emotional distress, humiliation, anxiety, fear, pain and suffering and the loss of his job."

The lawsuit is a stunning turnaround by Golden, who had "sincerely apologised" to Mr Caban shortly after the video emerged, saying he was "extremely remorseful".

"Mr Golden accepts full responsibility for his actions and understands the consequences that may occur as a result," Ms Pilchman said in November.

Mr Caban's lawyer Richard Morrell said his client told Golden he was recording the ride when he got in, and that in any case the question of recording consent only applies to audio in the state of California, not video.