Uber Ordered to Pay $40 Million After Rider’s Death: Prop 22 Doesn’t Shield Uber, Arbitrator Rules

A private arbitrator has ordered Uber to pay $40 million to the parents of Emily Normandin-Parker, a 23-year-old rider who was struck and killed in Orange County in August 2023 after her Uber driver stopped on a freeway, CalMatters reported on September 18, 2026. The arbitrator ruled that Proposition 22, the 2020 ballot measure that lets app companies treat drivers as independent contractors, does not protect Uber from liability for its drivers’ negligence.

Our thoughts are with Emily’s family. The ruling matters well beyond this case. Gig companies have long argued that because their drivers are contractors, the company is not responsible when a driver’s choices cause harm. This arbitrator rejected that argument, and the reasoning could shape how riders, drivers and families think about safety and accountability on app-based platforms in California.

This post covers what the arbitrator decided, what it does and does not change, and what California law says about your rights if you are hurt in a rideshare trip or while driving for work.

What happened

According to CalMatters, on August 12, 2023, an Uber driver picked up Emily Normandin-Parker and her friend, Luna Moore, from a bar. When Moore became ill during the ride, the driver stopped at a gore point, the narrow triangle of pavement where an off-ramp separates from the freeway, on State Route 73 in Orange County. While the driver and Moore were arguing, Normandin-Parker walked into traffic and was struck and killed.

Her parents, Carol Normandin and Ken Parker, and Moore sued the driver and Uber in Orange County Superior Court in September 2023, and the parties agreed to resolve the case in arbitration. Retired judge Richard Stone, serving as arbitrator, awarded each parent $20 million and awarded Moore $300,000.

In his award, Stone wrote that “Prop. 22 does not immunize Uber from vicarious liability” for its drivers’ wrongdoing. CalMatters reported that he found nothing in the voter materials suggesting Prop 22 was meant to eliminate the companies’ legal responsibility for drivers’ conduct. He also concluded that Uber can be treated as a common carrier with a safety duty it cannot hand off to drivers, and that Proposition 51, which can limit a defendant’s share of non-economic damages, did not reduce Uber’s responsibility here.

Uber told CalMatters it believes the arbitrator was wrong to hold it legally responsible and pointed to Prop 22. Normandin-Parker’s parents said the award will help fund a foundation in their daughter’s name.

Date	Event
November 2020	California voters approve Proposition 22
August 12, 2023	Rider is let out at a gore point on SR-73 in Orange County and is struck and killed
September 2023	Parents and Luna Moore sue the driver and Uber in Orange County Superior Court; the parties later agree to arbitrate
March 2026	Arbitrator rules that Prop 22 does not eliminate Uber’s liability
July 2026	Arbitration award: $20 million to each parent and $300,000 to Moore
September 18, 2026	CalMatters reports the $40 million award

By the numbers$40million

Watch: The family’s $40 million award against Uber

What this means for riders and drivers in California

Prop 22 answered one question: whether app-based drivers are employees for purposes of wage laws and benefits. This ruling addresses a different one: who is responsible to the public when a driver’s conduct hurts someone. The arbitrator concluded that classifying drivers as contractors does not automatically let the company off the hook.

Keep three limits in mind. First, this is a private arbitration award, not a court decision. It does not create binding precedent for other cases, although lawyers on both sides will cite its reasoning. Second, Uber disagrees with the result, and courts review arbitration awards only on narrow grounds. Third, every case turns on its own facts, including what the driver did, what the company knew, and what caused the harm.

Still, the reasoning is significant. California has long held that companies that carry passengers for pay owe them a high duty of care. Civil Code section 2100 requires a carrier of persons for reward to use the utmost care and diligence for passengers’ safe carriage. If more decision-makers agree that rideshare companies can be common carriers regardless of how drivers are classified, injured riders and grieving families may have a clearer path to hold the company, not only the individual driver, accountable.

For drivers, the ruling does not change pay or classification. Under Prop 22, drivers remain independent contractors if the company meets the law’s conditions, and the company must provide occupational accident insurance that covers drivers’ on-the-job injuries instead of workers’ compensation. Our guide on the ABC test and independent contractor misclassification explains when other 1099 workers are legally employees.

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Your rights if you are hurt in a rideshare or work-related crash

Which rights apply depends on why you were in the car.

• Riders and others hurt by a rideshare driver. You may have a claim against the at-fault driver and, depending on the facts, against the company. California requires rideshare companies to carry commercial liability insurance while a driver is matched with or carrying a passenger (Public Utilities Code section 5433).
• Families who lose a loved one. Certain family members, including a spouse, children and, in some cases, parents, may bring a wrongful death claim (Code of Civil Procedure section 377.60). The deadline is generally two years from the death (Code of Civil Procedure section 335.1), and claims against public entities have much shorter notice deadlines.
• Rideshare and delivery drivers who are hurt. Prop 22 requires app companies to provide occupational accident insurance for injuries while drivers are online. You may also have a claim against another at-fault driver. If you believe you were actually an employee, you may be entitled to workers’ compensation even if the company called you a contractor.
• Employees who drive or ride for work. If you are an employee hurt in a crash while working, you are generally covered by workers’ compensation, and you may have a separate claim against an at-fault third party. See our guide to car accidents while driving for work.

Employees First Labor Law handles workers’ compensation and employment claims. For personal injury and wrongful death cases, our affiliated firm, WIN Injury & Accident Trial Lawyers (wintriallawyers.com), represents injured Californians and families.

What to do now

1. Get medical care and call 911 if anyone is hurt. Your health comes first, and medical records document your injuries.
2. Report the incident in the app and save the trip details. Take screenshots of the trip receipt, route, driver name and vehicle information before they become harder to access.
3. Collect evidence. Photos of the scene and vehicles, names and contact information of witnesses, and the police report number.
4. Be careful with insurance adjusters. You do not have to give a recorded statement right away. Talk to a lawyer first if your injuries are serious.
5. If you were working, report the injury to your employer in writing and ask for a workers’ compensation claim form. You can learn more about workers’ compensation in California.
6. Track deadlines. Most injury and wrongful death claims must be filed within two years, and some are shorter.

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Frequently asked questions

Does Prop 22 protect Uber and Lyft from injury lawsuits?

Prop 22 lets app companies classify drivers as independent contractors if they meet certain conditions. In this case, the arbitrator ruled that it does not immunize Uber from vicarious liability for a driver’s negligence. Uber disagrees, and the award is not binding precedent, so this question may continue to be litigated.

Is the $40 million award final?

Arbitration awards are generally binding on the parties, and courts may overturn them only on limited grounds. CalMatters did not report whether Uber will challenge the award.

Can a rideshare driver get workers’ compensation?

Not usually, if the company meets Prop 22’s requirements. Instead, Prop 22 requires occupational accident insurance for injuries while a driver is online. A driver who was misclassified, or who also works as an employee elsewhere, may have other options.

How long do I have to file a wrongful death claim in California?

Generally two years from the date of death under Code of Civil Procedure section 335.1. Claims involving a government agency require a written claim within six months in most cases, so get advice early.

Key fact

Sources

• CalMatters: Uber ordered to pay $40M after stranded passenger killed (Sept. 18, 2026)

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