Uber driver v. pedestrian: Here's what California law says
Uber drivers owe a duty of due care for a pedestrian's safety
An Uber driver and an adult pedestrian must both use ordinary care, but an Uber driver must use greater care because of his or her greater capacity for causing injury to a pedestrian. See Cucinella v Weston Biscuit Co. (1954) 42 C2d 71, 80; Arentz v Blackshere (1967) 248 CA2d 638, 640; Rubalcaba v Sweeney (1959) 168 CA2d 1, 5.
An Uber driver's violation of a pedestrian's right of way gives rise to a presumption of negligence under California law, and a violation for which an Uber driver gives no adequate explanation is negligence as a matter of law. Veh Code §§ 21950(a), 21951–21952.
A pedestrian who crosses outside a crosswalk must yield to vehicles, but this duty does not relieve an Uber driver from the duty to exercise due care for the pedestrian's safety. Veh Code § 21954.
A physically disabled person using a wheelchair or similar aid is a pedestrian under California law. Veh Code § 467.
If you or a loved one has been injured by an Uber driver while a pedestrian, contact us at (949) 482-1850 for a free, immediate evaluation of your claim against Uber.