Uber Not Liable in Fatal Crash Involving Off-Duty Driver

Uber is not liable. A Florida appellate court has affirmed that Uber Technologies Inc. cannot be held responsible for a wrongful death caused by one of its former drivers, who was not working for the company at the time of the fatal accident.

The case stems from a 2017 incident in which Orlando Baez Castillo, an occasional Uber driver, struck and killed his former partner, Arlevys Molina, while reversing his personal vehicle after dropping off their daughter. According to court documents, Castillo had been logged off the Uber driver app for nearly five months prior to the crash and was using his own car for a personal errand.

The Estate of Arlevys Molina, represented by Yesit Campo, filed a wrongful death lawsuit naming Castillo, Uber Technologies Inc., and GEICO General Insurance Co. as defendants. GEICO was later dropped from the case.

The Miami-Dade County trial court granted summary judgment in favor of Uber, ruling that the company could not be held vicariously liable for Castillo’s actions since he was not acting within the scope of employment.

The Florida 3rd District Court of Appeals upheld that decision, noting that “Florida law is well settled that an employer is not vicariously liable for an employee’s actions when the employee is acting outside the scope of his or her employment.”

The court further rejected the estate’s claim that Castillo may have been logged into Uber through a second phone, calling the argument “mere speculation,” and cited Uber’s internal records confirming he had not logged in for months.

The ruling reinforces Florida’s standard that employers cannot be held liable when workers have “stepped away” or abandoned their employer’s business at the time of an incident.
The estate may still seek review by the Florida Supreme Court, but for now, Uber remains free from liability in this tragic case.

Cases involving ride-share drivers often raise complex questions of liability, employment status, and insurance coverage. Even when a driver is off-duty, victims and families may still have legal options to pursue compensation through personal insurance policies or negligence claims.

If you or a loved one has been injured or lost someone in a ride-share accident, it’s important to speak with an experienced personal injury attorney who understands the nuances of Uber and Lyft liability laws. Contact our law firm today for a free consultation — we’ll review your case, explain your legal options, and help you seek the justice and compensation you deserve.