Why These Cases Are So Complex
Rideshare and delivery drivers (Uber, Lyft, DoorDash, Amazon Flex) are usually classified as independent contractors—not employees. That means companies try to deny responsibility when accidents happen. But under California’s Labor Code §3351.5 and AB5, some of these drivers may qualify as employees depending on control and job function.
Additionally, liability often depends on the driver’s app status at the time of the crash:
- App off: The company typically bears no responsibility. Only the driver’s personal insurance applies.
- App on, no passenger/order: Company insurance may apply up to $50,000–$100,000.
- Passenger or active delivery: Company insurance jumps to $1 million in coverage.
Case Example: A Family’s Fight After a DoorDash Fatality
A Los Angeles family lost their father when a DoorDash driver ran a red light while delivering food. DoorDash initially denied any responsibility, claiming the driver was an independent contractor. The company offered just $100,000 from the driver’s personal policy.
We subpoenaed app logs and proved the driver was mid-delivery. That unlocked DoorDash’s $1M commercial policy. After a thorough investigation and negotiation, the family received a $2.9 million settlement.
5 Legal Steps Families Should Take After a Fatal Rideshare or Delivery Accident
- Preserve Evidence Immediately: App data, GPS logs, and dashcam footage may be deleted quickly.
- Request the Death Certificate: Needed for claims and legal documentation.
- Consult a California Wrongful Death Attorney: These cases involve gig economy loopholes and require experience.
- File Within the Deadline: You typically have 2 years to file, or just 6 months if a government vehicle was involved.
- Focus on Healing: Let your legal team handle the fight while you take care of your family.
Feeling Overwhelmed? You’re Not Alone
Wrongful death cases involving gig economy drivers are emotionally and legally complex. Take a moment to breathe with us:
You don’t have to navigate this alone. Our team is here to help—no pressure, no upfront fees.
FAQs
- Can I sue Uber, Lyft, or DoorDash directly?
- Sometimes. It depends on the driver’s app status at the time of the crash and their employment classification.
- What if the driver wasn’t on the app?
- Their personal auto insurance applies, but the company may not be liable.
- What damages can we recover?
- Wrongful death damages may include funeral costs, lost financial support, and compensation for emotional loss. See Compensation in Wrongful Death Claims.
- How long do I have to file?
- In most cases, you have 2 years from the date of death. If a public agency is involved, you may have only 6 months.
- How much does it cost to hire WCTL?
- No win, no fee. You pay nothing unless we recover compensation for your family.
Contact West Coast Trial Lawyers
Contact us today for a free, compassionate consultation. We’ve helped families secure life-changing results—and we’re ready to help you.
