Lost a Loved One in a Rideshare Crash?

A rideshare passenger killed in a crash may give rise to a wrongful death claim in California when another party’s wrongful act or negligence caused the death. Certain surviving family members, and the estate’s personal representative, may be able to bring it. This page explains who can file, who may be responsible, what a claim can cover, and the deadlines that matter. Colvin Accident Lawyers is based in Bakersfield, California.

Who Can File a Wrongful Death Claim After a Rideshare Crash?

Certain family members, and the personal representative of the estate, can bring the claim under California law.

A wrongful death claim is a lawsuit for the losses a family suffers when a person dies because of another party’s wrongful act or neglect. For a rideshare passenger, that party might be another driver, the rideshare driver, or another party tied to the vehicle.

California law sets who may sue. Under Code Civ. Proc. § 377.60, people who may bring the claim include the following. If they were dependent on the decedent, a putative spouse, children of the putative spouse, or the decedent’s legal guardians (if the parents are deceased) may also qualify:

• A surviving spouse or domestic partner
• Children, and the children of a deceased child
• If there is no surviving issue, people who would inherit the decedent’s property
• A dependent parent or stepchild
• A minor who lived in the decedent’s household for the previous 180 days and relied on them for at least half of their support
• The personal representative, who may file on behalf of the others

A survival claim is different. It covers losses the person suffered before death, such as medical bills and lost earnings. Families often pursue a survival claim and a wrongful death claim together.

A claim can exist even when the rideshare driver was not at fault, if another party caused the crash.

Who May Be Responsible, and How Insurance Fits In

More than one party may be responsible, and each may have its own insurance.

Possible responsible parties include:

• The rideshare driver
• The rideshare company
• Another driver whose negligence caused the crash
• A vehicle owner. Under Veh. Code § 17150, an owner is liable for death or injury caused by a negligent driver using the car with the owner’s permission.
• A maintenance provider or manufacturer, if a defect or failed repair played a role

Which insurance may apply often depends on what the driver was doing in the app. Was the driver waiting for a request, driving to a pickup, or carrying a passenger? The rideshare company’s policy, the driver’s personal auto policy, and the other driver’s liability policy may each be relevant.

If the at-fault driver has no insurance, uninsured motorist coverage may matter. Under Ins. Code § 11580.2, that coverage insures the insured, his or her heirs, or legal representatives for all sums within the limits established by law that they are legally entitled to recover for wrongful death from the owner or operator of an uninsured motor vehicle not owned or operated by the insured or a resident of the same household.

Insurance adjusters may call family members early. It helps to talk with a lawyer before giving a recorded statement or answering an offer.

What Can a Wrongful Death Claim Cover?

A claim may cover the family’s money losses and their loss of the person’s companionship, within limits California law sets.

Economic losses are objectively verifiable money losses. Under Civ. Code § 1431.2, these include medical expenses, loss of earnings, and burial costs.

Non-economic losses are subjective, non-money losses. These include loss of society and companionship and loss of consortium. Under Code Civ. Proc. § 377.61, wrongful death damages may be just under all the circumstances. They may not include survival damages.

Under Code Civ. Proc. § 377.34, survival damages are limited to the loss or damage the person sustained or incurred before death, including any penalties or punitive or exemplary damages the person would have been entitled to recover had they lived. They generally do not include pain, suffering, or disfigurement, unless a narrow exception applies.

For non-economic damages, each defendant pays only its own share of fault under § 1431.2.

The CACI civil jury instructions published by the Judicial Council cover negligence, comparative fault, and damages.

A dollar figure depends on the facts. The person’s age, earnings, family ties, and how the crash happened all matter. No amount can be predicted from a general description.

What Evidence Matters Most Early On?

The most useful early evidence includes the police report, the trip record, witness information, and video, which can be lost quickly.

• Police report. Ask how to get a copy. Also ask about the coroner or medical examiner’s report, which records cause and manner of death.
• Trip details. Save the receipt, the ride request time, the route, and any in-app messages or notifications.
• Witnesses. Write down names and phone numbers while memories are fresh.
• Video. Traffic cameras, business cameras, dashcams, and phone video can disappear or be overwritten.
• Medical records. The time between the crash and medical care can matter. Keep every record.

Two common mistakes can hurt a claim. Families sometimes post about the crash or the driver on social media. They also sometimes give a recorded statement before speaking with a lawyer.

How Does the Process Work, and How Long Do Families Have?

Most claims move from a consultation to an investigation, insurance talks, and, if needed, a lawsuit.

1. First consultation. Review the crash, the death, and who may be responsible.
2. Investigation. Gather the crash facts, identify the parties, and confirm insurance and the driver’s app status.
3. Notice and negotiation. Send notice to responsible parties and insurers. Review any offer against the losses the law allows.
4. Lawsuit, if needed. Some claims must be filed to protect the family’s rights. A lawsuit can take a long time, depending on the court and the evidence.

Under Code Civ. Proc. § 335.1, an action for death caused by another’s wrongful act must be brought within two years.

If a public entity may be responsible, the deadline is much shorter. Under Gov. Code § 911.2, a death claim must be presented not later than six months after the cause of action accrues. Families should not wait.

Why Families Work With Colvin Accident Lawyers

Colvin Accident Lawyers is based in Bakersfield, California, and represents families in wrongful death and related crash cases.

• Office location: Bakersfield, California.
• Communities served: Kern County, Fresno, Visalia, Lancaster, Palmdale, Delano, and Tehachapi.
• Responsible lawyer for this page: Donald Norman Colvin. Our team includes lawyers and support staff who handle investigation, insurance communication, and client contact.
• Related case types: car, truck, motorcycle, bus, pedestrian, and catastrophic injury claims.

The first consultation is free, confidential, and carries no obligation to continue. We review the facts you have, explain the process, and say plainly what we can and cannot determine yet. No lawyer can know how a claim will turn out before the facts are reviewed.

Frequently Asked Questions

Here are short answers to questions families often ask after a fatal rideshare crash.

Questions about shared fault