San Francisco Uber & Lyft Attorney for Wrongful Death Cases
Dedicated representation for San Francisco uber & lyft victims with a fatal collision
If you or a loved one suffered a fatal collision in a rideshare (Uber or Lyft) collision in San Francisco, you are facing both a life-changing injury and a legally complex claim. Attorney Michael Martinovsky provides personal, hands-on representation to San Francisco uber & lyft victims — in English, Spanish, and Russian — with no fee unless we win.
Uber & Lyft crashes and fatal collision in San Francisco
San Francisco's dense street grid, heavy rideshare volume, and congested freeway approaches produce a high rate of serious collisions in a compact area. Crashes involving Uber and Lyft vehicles carry a layer of complexity ordinary car accidents do not: California's rideshare insurance rules turn on exactly what the driver was doing at the moment of impact, and Proposition 22's independent-contractor classification shapes who can be held responsible. When injuries are severe, getting these details right is what unlocks the larger insurance coverage.
When a collision takes a life, California law allows certain surviving family members to bring a wrongful death claim (Code of Civil Procedure § 377.60). These cases carry both profound personal loss and significant financial consequences for the family left behind.
Why these cases are high value
Once a rideshare driver has accepted a ride or has a passenger on board, Uber and Lyft must carry a $1,000,000 liability policy plus $1,000,000 in uninsured/underinsured motorist coverage — far above the $30,000 per-person minimum for an ordinary California driver. For a catastrophically injured victim, that coverage is often the difference between a token recovery and one that covers a lifetime of care.
Compensation available in a California fatal collision claim
Full compensation in a San Francisco uber & lyft case involving a fatal collision may include economic damages — past and future medical care, lost wages and diminished earning capacity, rehabilitation, and the cost of home or vehicle modifications — and non-economic damages for pain, suffering, disfigurement, and loss of enjoyment of life. Recoverable damages can include the financial support the deceased would have provided, funeral and burial expenses, the loss of the deceased's love, companionship, comfort, and guidance, and — through a survival action — certain losses the decedent suffered before death. These claims are among the most significant a family can bring.
The legal framework
- Three insurance periods (Public Utilities Code §§ 5430–5443). App off: only the driver's personal policy applies. App on, awaiting a request (Period 1): contingent coverage of $50,000/$100,000/$30,000. Ride accepted or in progress (Periods 2–3): $1,000,000 liability plus $1,000,000 UM/UIM.
- Proposition 22. Because app-based drivers are classified as independent contractors, suing the company on a vicarious-liability theory is difficult — but the mandatory insurance still responds, and direct claims for the company's own negligence (e.g., negligent hiring or retention) may exist.
- Multiple sources of recovery. Depending on the facts, recovery may come from the rideshare policy, the driver's personal policy, a third party's policy, and UM/UIM coverage.
Local context: San Francisco
Serious uber & lyft collisions in San Francisco frequently occur along U.S. Highway 101 (Central Freeway), Interstate 280, the Bay Bridge approaches, 19th Avenue, and Van Ness Avenue. A lawsuit arising from a San Francisco crash is generally filed in the San Francisco County Superior Court at the Civic Center Courthouse, 400 McAllister Street, San Francisco, CA 94102, and Attorney Martinovsky is experienced litigating in San Francisco County courts.
Evidence to preserve
Critical evidence in a uber & lyft case can disappear quickly. In a fatal collision claim, preserving the following early can be decisive:
- the rideshare trip log and in-app timestamps establishing the driver's period at impact
- GPS and telematics data from the rideshare app
- the driver's personal insurance policy and the rideshare company's coverage
- dashcam footage and the police (traffic collision) report
- records of any prior complaints against the driver
Time limits to bring a California claim
California generally allows two years from the date of injury to file a personal injury lawsuit (Code of Civil Procedure § 335.1), and wrongful death claims are subject to the same two-year period. When a government entity is involved — for example, a publicly owned vehicle or a dangerous public road — a formal claim must usually be filed within six months under the Government Claims Act (Government Code § 911.2). Because deadlines can be shorter and physical evidence fades quickly, it is important to act promptly after a San Francisco rideshare (Uber or Lyft) collision.
Frequently Asked Questions
Does Uber or Lyft's $1 million insurance apply to my crash?
It depends on the driver's app status. If a ride was accepted or in progress (Periods 2–3), the $1,000,000 policy and $1,000,000 in UM/UIM coverage generally apply. If the driver was only logged in and waiting (Period 1), lower contingent limits apply. The trip log held by the company establishes which period applied.
Can I recover if I was a passenger in the Uber or Lyft?
Yes. As a passenger you are in an active-ride period, so the company's $1,000,000 coverage applies to injuries caused by the rideshare driver, and UM/UIM coverage applies if another at-fault driver was uninsured. You can generally recover regardless of which driver was at fault.
Who can file a wrongful death claim in California?
Under Code of Civil Procedure § 377.60, the surviving spouse or domestic partner, children, and certain other dependents or heirs may bring a wrongful death claim. An attorney can confirm who has standing and how damages are allocated among family members.
Where would my San Francisco uber & lyft case be filed?
A lawsuit arising from a collision in San Francisco is generally filed in the San Francisco County Superior Court at the Civic Center Courthouse, 400 McAllister Street, San Francisco, CA 94102. Attorney Martinovsky is experienced litigating in San Francisco County courts.
This page provides general legal information about California law, not legal advice for any specific case. Prior results do not guarantee a similar outcome. For advice about your situation, speak with an attorney.
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