When it comes to commuting, we have come to rely on the convenience of rideshares like Uber. Whether it’s a ride to BWI, a lift home from Fells Point, or a commute to the Inner Harbor, we trust that these services will get us to our destination safely. However, a recent tragedy in Texas serves as a sobering reminder of the risks involved, highlighting the importance of understanding a wrongful death claim for Uber passengers.

A devastating crash at the intersection of Ingram and Culebra in San Antonio recently claimed the life of an Uber passenger. According to reports, a vehicle, suspected to be operating as an Uber, was involved in a major collision that left the passenger dead and two others hospitalized.

While this tragedy occurred in Texas, it raises a critical question for residents here at home: If a loved one is killed while riding in an Uber in Maryland, what legal recourse does the family have regarding a wrongful death claim for Uber passengers?

At The Law Offices of Nicholas A. Parr, we understand the pain and confusion that follows a fatal accident. Understanding a wrongful death claim for Uber passengers is crucial for families navigating this difficult situation. Here is what Maryland families need to know about filing a wrongful death claim involving a rideshare vehicle.

Understanding Wrongful Death Claims in Maryland

A wrongful death claim is a civil lawsuit filed when someone’s death is caused by the negligence, recklessness, or wrongful act of another person or entity. In Maryland, the law allows certain family members to seek compensation for the loss of their loved one when that death was preventable and caused by someone else’s actions, including in cases involving a wrongful death claim for Uber passengers.

The purpose of these claims is not just to assign blame, but to provide financial support for families who have lost a provider, companion, and loved one. Compensation can cover funeral expenses, lost future income, loss of companionship, and the emotional suffering caused by the untimely death.

Who Can File a Wrongful Death Claim in Maryland?

Under Maryland’s wrongful death statute, the primary claimants include:

• The spouse of the deceased, 
• Their children, or 
• Their parents.

If none of these family members exist, other relatives by blood or marriage who were substantially dependent on the deceased may have standing to file a claim.

Who Can Be Held Liable in Uber Passenger Deaths?

One of the most complex aspects of rideshare passenger accidents is determining liability. Unlike traditional car accidents, Uber crashes can involve multiple potentially responsible parties:

• The Other Driver: If another motorist caused the crash through negligence, such as running a red light, speeding, distracted driving, or driving under the influence, they bear primary responsibility for the accident and resulting deaths.

• The Uber Driver: Even though your loved one was a passenger, the Uber driver themselves may share fault if they were driving recklessly, violated traffic laws, or failed to take evasive action that could have prevented the crash.

• Uber’s Insurance Coverage: Uber maintains substantial insurance policies that provide coverage depending on the driver’s status at the time of the crash. When a driver has accepted a ride request and has passengers in the vehicle, Uber’s commercial insurance policy provides up to $1 million in liability coverage. This coverage can be crucial for families seeking full compensation for their losses.

• Other Potentially Liable Parties: Depending on the circumstances, other parties might share liability, including vehicle manufacturers (if a defect contributed to the crash), government entities (if poor road design or maintenance played a role), or establishments that over-served alcohol to an intoxicated driver.

Insurance Coverage for Uber Passengers

Uber maintains liability and contingent uninsured/underinsured motorist (UIM) coverage for drivers when they are on a ride:

• $30k liability coverage when the driver is actively on a trip with a passenger.
• UIM coverage may apply if the at-fault motorist lacks sufficient insurance.

In Maryland, families typically can pursue claims against:

• The at-fault driver’s insurance, 
• Uber’s liability policy, 
• Uber’s UIM coverage, if needed, and 
• Sometimes, other parties (e.g., a vehicle manufacturer) if a defect contributed to the accident. 

This layered coverage helps ensure that compensation is available even when insurance limits are low. 

Maryland’s Unique Legal Landscape

Maryland has specific laws that can significantly impact wrongful death claims arising from rideshare accidents.

Contributory Negligence Rule

The San Antonio news story highlights a common issue in rideshare accidents: determining who caused the crash. Was it the Uber driver? Was it the other vehicle? Was it a combination of both?

Maryland follows the rule of contributory negligence, which is one of the strictest negligence standards in the country. Under this rule, if the deceased person was even 1% at fault for the accident, it could bar recovery entirely. 

This makes it vital to have a lawyer who can prove the other party’s fault definitively. If the Uber driver was speeding or failed to yield, Uber’s insurance may be liable. If a third party hit the Uber, that driver’s insurance is responsible. If the third-party driver is uninsured or underinsured, Maryland’s specific rideshare insurance laws provide additional protections for passengers.

Statute of Limitations

In Maryland, wrongful death claims must generally be filed within three years of the date of death. Missing this deadline can permanently bar your family’s ability to seek compensation. This makes prompt legal consultation essential.

Damage Caps

Maryland imposes caps on non-economic damages (pain and suffering, loss of companionship) in wrongful death cases. These caps are adjusted annually for inflation, so the applicable limit depends on when the death occurred.

Survivorship or Estate Claim

Maryland law also allows for survival actions, which are separate from wrongful death claims. These actions seek compensation for what the deceased experienced between the time of injury and death, including pain, suffering, and medical expenses.

Steps Maryland Families Should Take

If you’ve lost a loved one in an Uber accident in Maryland, taking the right steps can protect your legal rights.

1. Seek Immediate Legal Counsel

Rideshare accident cases involve complex insurance issues and multiple potential defendants. An experienced Maryland wrongful death attorney can navigate these complexities and protect your family’s interests.

2. Preserve Evidence

Obtain copies of the police report, medical records, and any available witness statements. If possible, photograph the accident scene. Your attorney can also help preserve crucial evidence, such as the Uber driver’s trip data and vehicle maintenance records.

3. Document Your Losses

Keep detailed records of all expenses related to the death, including funeral costs, medical bills, and counseling expenses. Also document the emotional and financial impact on your family.

4. Understand Insurance Coverage

Your attorney will need to investigate all available insurance policies, including the at-fault driver’s personal insurance, the Uber driver’s personal policy, and Uber’s commercial coverage.

5. Don’t Accept Quick Settlements

Insurance companies often approach grieving families with settlement offers soon after a tragic loss. These initial offers rarely reflect the full value of your claim. Consult with an attorney before accepting any settlement.

The Importance of Experienced Legal Representation

Wrongful death claims involving Uber passengers present unique challenges that require specialized knowledge. Rideshare companies have substantial resources and legal teams dedicated to minimizing their liability. Without proper representation, Maryland families may struggle to receive fair compensation for their devastating loss.

An experienced wrongful death attorney understands how to investigate rideshare accidents thoroughly, identify all liable parties, navigate Maryland’s specific laws, and negotiate with multiple insurance companies. They can help your family pursue maximum compensation while you focus on healing and remembering your loved one.

Moving Forward After Tragedy

Losing someone in a rideshare vehicle, like an Uber, is unimaginable. In the aftermath, grief and confusion often leave families unsure how to proceed. But you are not without legal options.

In Maryland, wrongful death claims are one avenue to hold negligent parties accountable and help secure financial support for families suffering an unexpected and preventable loss.

If your loved one was killed while riding in an Uber, contact The Law Offices of Nicholas A. Parr for a free consultation. We can help protect your rights, navigate Maryland’s unique legal landscape, and pursue the justice and compensation your family deserves.