In September 2026, the parents of a 23-year-old woman who was struck by a vehicle after an Uber driver pulled over received a $40 million settlement from the rideshare company.
On the night she was killed, the woman and her friend took an Uber home after a night of drinking. During the ride home, the friend got sick and vomited, so the driver pulled over to the side of the road. All three of the occupants exited the car. While the driver argued with the sick friend, the woman was struck by traffic. Uber maintained the opinion that they were not responsible for the woman’s tragic passing but will continue to invest in safety measures.
Despite Uber’s attempts at skirting the issue, the attorneys were able to secure compensation for the family. If you find yourself in a similar situation, partnering with wrongful death attorneys in Los Angeles can help you get justice for you and your family.
What Makes an Accident a Wrongful Death Case?
If someone’s negligence results in someone’s death, it can be ruled as a wrongful death. This can happen in the aftermath of a car accident, truck accident, pedestrian accident, and so much more. When this happens, certain surviving family members or a personal representative of the estate may file a case.
How to Prove Wrongful Death
It’s not enough for someone to pass away in an accident. To submit a successful claim, clients must submit evidence that proves the following:
- A person or party behaved negligently or committed a wrongful act. Failure to provide duty of care by speeding or pulling over on unsafe roads are negligent actions.
- The action was a direct cause of a death. There needs to be proof that links one person’s negligent actions to another person’s death.
- There are damages associated with the death. Documented evidence needs to support this claim. Use medical reports, accident reports, and other evidence to link the events together.
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Why was Uber Held Responsible Despite Independent Action?
Uber employs various third-party contractors to work under their brand. This makes Uber responsible for their employees’ conduct. It doesn’t matter if the employee is a contractor or an in-office employee; they work for Uber. Therefore, in the eyes of the law, they represent Uber. The company will be held accountable for the actions of their employees, no matter what their status is within the company itself.
Negligent Retention
It’s a company’s job to ensure that the drivers they employ are safe and follow traffic rules. This isn’t new. Commercial truck drivers must have spotless driving records before training to operate their trucks on the road.
Uber requires drivers to have a year of licensed driving experience in the US with an in-state license and have an eligible 4-door vehicle. After signing up, the company will do an online screening to review driving records and criminal history. While the company does check for serious crimes and accidents upon application, it does not seem to follow up with rider reviews.
In this case, the attorneys state Uber was aware of the driver’s unsafe driving practices. Various riders described his driving as incredibly unsafe, with a reported history of driving the wrong way on one-way streets, almost hitting pedestrians, and other very erratic behavior. This documentation does not help Uber’s case as they have a responsibility to vet their drivers. This oversight was an indirect cause of the woman’s untimely passing, and it could’ve been avoided had the company done its due diligence.
Why Uber Was Responsible Despite Denial
When anyone is in an accident involving a rideshare company, the first question an attorney will ask is: when did the accident happen? This is the key part of any rideshare accident case.
California requires all rideshare companies to have specific insurance plans to cover an accident. This is known as the three-period insurance system. An attorney will subpoena the driver’s trip logs from the rideshare company to verify your account with the company’s records. Doing so will tell your attorney what period your accident happened in, indicating the insurance package that should cover your injuries.
The three periods are as follows:
- Period 0 – If a driver is not logged into the app when they get into an accident, their personal insurance covers the accident.
- Period 1 – If the driver’s app is on, but they don’t have an active fare, the rideshare company’s insurance can only cover up to $50,000 per person, $100,000 per occurrence, and $30,000 in property damage.
- Period 2 – If the driver has been matched and is enroute to the pickup location, the rideshare company will cover up to $1 million in damages, $1 million in uninsured insurance, and contingent collision actual cash value up to a $2,500 deductible.
- Period 3 – If there is an active ride, the company will cover up to $1 million in liability and $1 million in uninsured/underinsured motorist coverage (UI/UIM).
At the time of the fatal accident, the ride was active. Yes, everyone was at the side of the road, but the ride was not completed. This meets the criteria needed for the accident to qualify for period 3 insurance.
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What Happens Now?
The family settled their civil case; however, a criminal case may arise since the court found that the Uber driver was extremely negligent in his actions. However, due to the nature of these cases, it probably will not be charged for a while.
FAQ
If an Employee Behaves in a Negligent Manner, is the Company Automatically Liable?
If the employee is actively working and representing a company during the time of an accident, the company may be held liable. Every case is different. Speak to an attorney to learn more about your specific case.
Why Do Companies Deny Responsibility?
This can be for many reasons. One reason can be California’s comparative negligence laws that make it necessary to deny responsibility until an investigation finishes and determines who is responsible for what share of an accident. If a company outright says they’re guilty, then they take on more responsibility than they want, which can cost them more money in the long run.
Are Passengers Ever Liable?
In most rideshare and vehicle accidents, no. Unless the passenger behaved in an extremely concerning manner where they tried to take over the steering wheel or distract the driver, the passengers are usually innocent.
What Does Compensation in a Wrongful Death Case Look Like?
It’s standard for the surviving family to receive economic and non-economic compensation for the loss of their loved one. While no amount of money can truly replace someone, we can help provide the family with enough money to compensate for funeral and burial costs, living assistance, and other help they may need.
How Is Compensation Paid?
Settlements are often paid as lump sums to the estate and then split according to the decedent’s will, if any. If there is no will, the family will be given permission to distribute the funds. However, if they are unable to do so in an equitable manner, the court will step in and decide based on the economic needs of those who qualify.
How Do I Know If I Qualify to File a Wrongful Death Case?
California has set rules as to who can file a wrongful death case. Speak to an attorney to learn who can file a case and start the filing process.
Can Everyone File a Separate Case?
No, to avoid complications, it’s highly recommended to file one wrongful death claim per family to ensure that everyone gets their fair share.
Are Wrongful Death Attorneys Expensive?
We can’t speak for all attorneys; however, our team at Vaziri Law works on a contingency fee. This means we do not charge any costs unless we win your case. If we do win your case, we ask for a percentage of the winnings as compensation. To learn more about this process, speak to an attorney today.
What is the Average Settlement for a Rideshare Case?
That depends on the injured parties, the extent of damage, and any other medical or life expenses. For example, this case gave the family a total of $40 million, due to the extreme circumstances of the event itself. However, every case is different and needs to be looked at individually to determine a range.
How Long is the Legal Process for a Wrongful Death Case?
A wrongful death case can take anywhere between 6 months to over a year. This depends on evidence, the parties involved, and investigations. Every case is different, so it’s recommended to stay in touch with your wrongful death lawyers to know how your case is developing.
Contact Us Today!
Our team of wrongful death attorneys in Los Angeles at Vaziri Law has over 200 years of experience helping families recover compensation in the tragic aftermath of a loved one’s passing. We work directly with our clients to ensure clear communication and provide trusted guidance throughout this tedious process. Schedule a free consultation today to learn how you and your family can start the filing process today.
