San Diego Fatal Uber Accident Lawyer

Car accidents can dramatically impact your life, either temporarily or permanently. Every year, millions of Americans, including many in San Diego, experience injuries from traffic collisions. Unfortunately, some of these accidents result in fatalities. Among these incidents, Uber vehicle accidents present unique challenges and often lead to severe injuries or death.

Because Uber accident claims differ from typical motor vehicle cases, it’s important to consult with a knowledgeable San Diego Uber accident attorney who understands the complexities of rideshare-related collisions, such as those at The Levinson Law Group.

In San Diego County, fatal car crashes decreased from 3,798 in 2018 to 3,606 in 2019, marking a 5.1 percent decline. However, the total number of fatal and injury crashes in 2018 was still 20,270, with speeding accounting for 4,831 of those accidents.

The 2019 mileage death rate, which measures deaths per 100 million miles traveled, stood at 1.06. Although these statistics show some improvement, many people continue to be involved in serious accidents, sustain critical injuries, or tragically lose their lives. Working with an experienced Uber accident attorney can help victims navigate insurance claims, establish liability, and seek appropriate compensation.

Uber is a San Diego Mainstay

Across California and especially in San Diego, Uber has become a prominent mode of alternative transportation for many people. Its widespread use is illustrated by data from September 2018, when Uber and Lyft drivers collectively traveled between 160 to 184.9 million miles in the Greater Los Angeles area. While rideshare services provide convenience, they also contribute to increased traffic congestion, which raises the risk of accidents.

Between 2017 and 2018, there were reportedly 58 fatalities nationwide involving Uber vehicles. Of these deaths, 21 percent were Uber drivers, 21 percent were passengers, and 40 percent were pedestrians. Most Uber-related traffic accidents—about 90 percent—occurred in urban areas.

Accident claims involving Uber and Lyft, also known as transportation network companies (TNCs), are often complex. These cases depend on factors such as whether the driver was logged into the rideshare app and the exact timing of the crash. Fatal Uber accident claims frequently involve multiple parties, including the driver, other motorists, and the company itself.

In January 2020, California passed Assembly Bill 5 (AB5), which required companies hiring independent contractors—like Uber and Lyft drivers—to reclassify them as employees in most cases. However, in November 2020, Proposition 22 was approved by voters, allowing app-based ride-hailing and delivery drivers to remain classified as independent contractors. This legal complexity makes it essential to work with an experienced Uber accident attorney to navigate wrongful death lawsuits and other legal claims.

As rules and regulations in the TNC industry continue to evolve, understanding your legal rights after an Uber accident is critical. If you have lost a loved one in such a collision, consulting with a knowledgeable fatal Uber accident lawyer at The Levinson Law Group can help you protect your interests and pursue compensation.

Why TNC Accidents are Different Than Other Auto Accidents

Uber differs significantly from traditional taxi and limousine services. Uber drivers typically set their own schedules, are not required to accept every ride request, and often operate personal vehicles without any identifying signage. Additionally, Uber drivers are responsible for their own vehicle maintenance and fuel costs.

In contrast, taxi and limo companies are required to carry commercial insurance at all times, regardless of whether the driver is on duty. While Uber and other rideshare companies do provide commercial insurance, it only applies when a passenger is in the vehicle or when the driver is logged into the Uber app actively seeking passengers.

If an Uber driver is not logged into the app at the time of a collision, only their personal car insurance applies. This insurance must meet California’s minimum requirements of 30/60/15 coverage: up to $30,000 per person for bodily injury or death, $60,000 total per accident for bodily injury or death claims, and $15,000 for property damage.

Negligence is often a factor in Uber accidents, whether due to careless or reckless driving. Common examples include speeding, failure to obey traffic signals or laws, distracted driving, driving under the influence (DWI), and not paying attention to road conditions or other vehicles.

To pursue a personal injury claim or wrongful death lawsuit in a fatal Uber accident case, you must prove the driver’s negligence directly caused your injuries. This requires demonstrating that the defendant owed you a duty of care, breached that duty through negligence, and that this breach was the primary cause of your injury or loss.

Liability and the Uber App

When an Uber driver causes injury to someone in another vehicle, those injured parties may have a legal claim against the rideshare driver. Liability depends heavily on whether the Uber driver was logged into the app waiting for a ride request, had the app off, was driving with a passenger, or was en route to pick up a passenger at the time of the accident.

Establishing the driver’s status during the collision—especially in fatal cases—is crucial. If the app was off, the accident is treated like a typical motor vehicle collision, and coverage is limited to the Uber driver’s personal insurance.

If the driver’s app was on and they were waiting for a ride, Uber’s contingent insurance coverage applies, with limits typically set at $50,000 per injury and $100,000 per accident. However, if a passenger is in the vehicle or the driver has accepted a ride request and is on the way to pick up the passenger, Uber’s $1 million commercial insurance coverage becomes active.

Contact the Levinson Law Group Today

If you or a loved one has been involved in a fatal Uber car accident, contact the attorneys at The Levinson Law Group immediately. Our experienced team of fatal Uber accident lawyers is committed to providing compassionate and skilled legal support during this difficult time.

We are here to answer any questions you may have about the recovery process. If you’re uncertain about pursuing a claim against the other driver or parties involved, we won’t pressure you. Our goal is to ensure you are fully informed so you can make the best decision for yourself and your family.

When you choose to work with The Levinson Law Group, you can trust that you will have dedicated legal representation throughout every step of your case. To explore your options, call us at 760-827-1700. We handle cases on a contingency fee basis, which means you pay nothing unless we recover compensation for you. In most cases, we also advance all related costs.