Ryan Zavodnick | January 25, 2026 | Wrongful Death
Wrongful death lawsuits, defined by the Office of Justice Programs as legal claims related to the wrongful death of an individual caused by another party, allow the loved ones of victims to recover damages from liable parties and hold them responsible for their actions. While bringing them against Uber drivers in Delaware is possible, this can be a complex process due to Uber’s business model and Delaware’s regulations, which is where a knowledgeable Bear, DE wrongful death attorney can assist. Contact Zavodnick & Lasky today at (302) 884-6752 to organize a confidential discussion.
What Is Uber, and Who Are Uber Drivers?
Uber refers to a global tech company operating a mobile application platform that connects people with drivers who provide food delivery, ride-hailing, and other services. Primarily using their smartphones, customers request rides, pay for services, and track drivers. Uber’s business model involves using riders who are independent contractors and drive their own vehicles, and while this has brought significant changes in terms of transportation and how people obtain services, this can cause challenges when initiating claims related to auto accidents and wrongful deaths, particularly with regard to insurance coverage.
An Uber driver must obtain their own auto insurance, and Uber then provides supplementary insurance covering individuals who sustain injuries or die in motor vehicle accidents caused by an Uber driver. This arrangement enables drivers to obtain affordable personal insurance while Uber takes on the risk for more expensive claims.
Specifics of Uber Drivers’ Insurance Arrangement
The specifics of the insurance arrangement between Uber and its drivers depend on what the Uber driver is doing at the time. If the driver is not using Uber’s app and has no customers, then their own personal insurance applies in the event of a collision, without company involvement. By contrast, if the Uber driver is looking for a fare, Uber’s liability coverage applies when there is a collision involving the driver, including additional property damage and bodily injury coverage.
The coverage differs again if the driver is transporting the customer or traveling to collect them. This includes third-party liability protection, underinsured and uninsured bodily injury coverage, and comprehensive and collision coverage. Gain a further understanding of wrongful death lawsuits concerning Uber drivers by contacting a seasoned Wilmington, DE wrongful death attorney. Call the law offices of Zavodnick & Lasky today to schedule a preliminary case review.
What Are Wrongful Death Lawsuits?
As outlined by Title 10, Chapter 37, Subchapter II of the Delaware Code, a wrongful death lawsuit is a legal claim brought against an individual who commits a wrongful or negligent act that causes another person’s death. Those looking to bring a wrongful death claim may do so against the defendant’s personal representative if the defendant dies before the claim commences. The loved ones of a victim who can initiate a wrongful death lawsuit include spouses, parents, children, and siblings, and if the deceased’s loved ones do not fall into this category, then other individuals related by marriage or blood to the deceased may bring the claim; note that the victim’s loved ones may only initiate a single wrongful death claim.
If successful, the deceased’s beneficiaries may receive damages to fairly compensate them for their losses, divided between them as stipulated by the court. To determine fair compensation, the court considers the following factors:
- Lost pecuniary benefits, such as the deceased’s current and future income
- Loss of support
- Loss of household, marital, and parental services, as well as the cost of caring for minor children
- Reasonable funeral costs (usually no more than $7,000)
- Mental anguish, typically only applicable to surviving children and spouses (available to parents if no surviving spouse and children, and siblings if no surviving spouse, parents, and children)
- Punitive damages (but only in cases where the wrongful death was a result of recklessness or malicious intent)
Additionally, per Title 10, Chapter 81, §8107 of the Delaware Code, the statute of limitations concerning wrongful death legal claims in Delaware is two years. This means plaintiffs looking to initiate lawsuits beyond this deadline are unlikely to be able to recover damages.
How Many Lawsuits Have Been Filed Against Uber?
Since its inception in 2009, Uber has had numerous lawsuits filed against the company, ranging from wrongful death, employee misclassification, and unpaid wage cases to privacy, safety, data reporting, rideshare injuries, sexual assault, fare collection, surge pricing, and taxi driver rights infringement claims, and has paid large amounts in legal settlements. In the US, Uber has encountered over 170 legal claims against it and has paid out a minimum of $62 million in compensation, although many of the settlement amounts in these cases were undisclosed, making it impossible to know the true value.
In 2015, Uber settled a wrongful death claim initiated by Sofia Liu’s family, a young girl, aged six, killed by an Uber driver in 2013, for an unknown sum. During this case, Uber claimed the driver was not covered by their insurance as they were not carrying passengers at the time of the collision.
Are Uber Drivers Liable in Ridesharing Collisions?
Several parties could be liable in ridesharing collisions, leading to a person’s wrongful death. For instance, the Uber driver might be responsible if they caused the collision, but another motorist could also be at fault if they collided with the Uber driver’s vehicle. Moreover, ridesharing collisions may arise due to issues beyond the control of drivers, such as road conditions and malfunctioning vehicle components, in which case the property owner or manufacturer might be liable.
Speak to a Delaware Wrongful Death Attorney To Learn More
Unintentional injury fatalities across the nation totaled over 220,000 in 2023, according to the National Center for Health Statistics, with wrongful deaths featuring among them. Discovering that an individual lost their life while using Uber’s services that the driver or Uber could have prevented can be devastating for the victim’s loved ones. Learn more about wrongful death lawsuits involving Uber drivers in Delaware, and discover how Zavodnick & Lasky can help with these legal claims; call us today at (302) 884-6752 to discuss your case with an experienced New Castle County, DE wrongful death attorney.
