Who Pays When an Uber Driver is Killed?

The Family of a Slain Uber Driver Demands Accountability

The brother of an Uber driver fatally shot during a San Francisco armed robbery has publicly released a letter to the ride-hailing company. The letter requests access to the driver’s Uber account, $4 million in financial assistance for the victim’s family, and improved compensation for all Uber drivers.

Background of the Victim

Ahmad Fawad Yusufi, a 31-year-old Afghan refugee, had been driving for both Uber and Lyft for the past three years. He arrived in the United States through the Special Immigrant Visa (SIV) program, designed for Afghans who collaborated with the U.S. military.

Both Yusufi and his brother, Mohammad Dawood Mommand (also known as Ilyas), served as interpreters for the U.S. Army. Following resettlement in a lower-income area of Sacramento, California, the brothers frequently traveled to San Francisco to capitalize on higher earnings and increased ride requests.

The Financial Strain on Drivers

“We travel to San Francisco for three to four days at a time due to the greater availability of work,” Ilyas explained to TechCrunch. “We attempt to secure lodging, but hotel costs are prohibitive. After 12 hours of work, we typically earn between $250 and $300, leaving insufficient funds for accommodation and family support.”

Yusufi and Ilyas’s experience mirrors that of numerous other Afghan refugees in California, many of whom commute significant distances to secure adequate income through Uber and Lyft.

Resettlement Challenges and Commuting Patterns

Noah Coburn, an anthropologist at Bennington College and author of “Under Contract,” noted that resettlement agencies often place SIV recipients in areas with limited economic opportunities. “These individuals are frequently compelled to commute long distances to access consistent income from platforms like Uber,” Coburn stated.

He added that he has interviewed over 250 Afghan immigrants who have utilized Uber and Lyft, with some commuting from as far as Sacramento to San Francisco, often working 16-hour shifts.

Circumstances of the Shooting

According to Ilyas, Uber and Lyft drivers often gathered in specific locations – parks, gyms, and supermarkets – to find parking for rest and meals. It was during one of these breaks, around 5 a.m. on November 28th at the intersection of Cesar Chavez and Portero Avenue, that Yusufi was fatally shot. A fellow driver was also robbed of their wallet and phone.

The San Francisco Police Department (SFPD) stated they could not release further details due to the ongoing investigation.

Dispute Over Driver Status and Account Access

Uber reported that Yusufi did not appear to be actively using the app at the time of the shooting, with his last completed trip occurring the previous night. The family requested access to Yusufi’s Uber account to ascertain his activities in the hours leading up to the incident, but Uber has yet to grant access.

Uber has communicated with the family to express condolences and is working to provide account access.

The Question of “Active” Work Time

“My brother primarily drove for Uber,” Ilyas said. “We have access to his Lyft account, but Uber refuses to allow us to access his account to review his work hours, break times, or rest periods. They are unwilling to assist us.”

Ilyas questioned Uber’s claim that his brother was not working, stating, “He traveled to San Francisco specifically for work.”

The definition of “work time” is a central point of contention. Uber typically does not consider time spent waiting for or between rides as “on-the-clock” time. Many gig workers argue this definition undervalues their labor, as it excludes time spent seeking customers and taking necessary breaks.

Proposition 22 and Worker Classification

Uber, Lyft, and other app-based companies invested heavily in Proposition 22, a 2020 California ballot measure that allowed them to continue classifying drivers as independent contractors rather than employees.

This proposition was a response to Assembly Bill 5 (AB 5), a 2019 law that sought to classify Uber drivers as employees, entitling them to benefits like paid sick leave, breaks, and workers’ compensation.

Potential for Workers’ Compensation and Death Benefits

Yusufi is survived by his wife and three children, including a four-month-old daughter. Prop 22 provides death benefits and injury protection at rates comparable to California workers’ compensation, but only for time spent actively engaged in a trip or delivery.

A California superior court judge ruled Prop 22 unconstitutional in August, but the ruling is currently stayed pending appeal, meaning the law remains in effect for the time being.

Legal Arguments and Potential Recourse

If the appeal is unsuccessful, Yusufi’s family may have grounds for a claim. Samantha J. Prince, a law professor at Penn State Dickinson Law, suggested, “A strong argument can be made that, given the current classification of Uber drivers as employees, Uber would be responsible for work-related injuries. If this is established, a court would then need to determine if this tragic death constitutes a work-related injury.”

Broader Responsibility and Systemic Issues

Coburn argues that the U.S. military also bears some responsibility. “The U.S. invests heavily in veteran support, but provides minimal assistance to the contractors who served alongside them. The SIV program offers a visa but little else – no retraining, no job placement assistance. Resettlement agencies share some blame, but this is a broader governmental failure.”

Many ride-hail drivers, regardless of their immigration status, are drawn to these platforms with the expectation of high earnings, only to find themselves trapped in a cycle of long hours and mounting expenses, hindering their ability to build a stable future.

The Family’s Plea to Uber

In his open letter to Uber CEO Dara Khosrowshahi and other executives, Ilyas wrote, “Uber pledged to support Afghan refugees, yet your company offers wages so low and maintains such precarious working conditions that hundreds of Afghan drivers commute from Sacramento to San Francisco each week and sleep in their cars in unsafe environments – simply to earn enough to provide for their families. My brother and I did the same. Now, after all our work for your company, you are abandoning us in our time of need.”

A GoFundMe campaign has been established to support Yusufi’s family.