A pedestrian accident in San Francisco, involving an Uber driver, has resulted in the death of a young girl and caused serious injuries to her brother and mother. According to TechCrunch, an Uber SUV driver collided with the family as they were walking in a crosswalk. Apparently, the driver was not in the process of transporting an Uber rider, so Uber’s liability insurance may not apply to cover the California wrongful death damages.
This Uber car accident brings up many important legal issues that may not be addressed under current California law. Normally, with a common carrier, such as a taxi, there is a commercial insurance policy in place covering the taxi. The policy will cover the taxi if it causes an accident while transporting people or not. However, with Uber, the company may claim that its drivers are not working for Uber unless they actually are transporting the Uber customer(s) at the time of the crash. Uber’s argument would be strengthened by the fact that Uber does not own the vehicle and the driver is free to do his/her own thing when not transporting an Uber rider.
Victim’s rights advocates, like California personal injury lawyers, may make the argument that if the driver is available to Uber or in the process of picking someone up for Uber, that he/she is working for Uber and Uber’s insurance should apply to cover the damages caused by the accident.