Arbitrator Rules Uber 'Vicariously Liable' for Driver's Negligence in Fatal Highway Accident
Key Takeaways
- •An arbitrator found Uber and driver Vu Tran jointly responsible for paying $20 million to each parent of Emily Normandin-Parker, totaling a $40 million award.
- •Retired judge Richard Stone rejected Uber's argument that it operates only as a technology platform connecting riders with independent drivers and held the company vicariously liable for the driver's negligence.
- •The arbitrator determined that Vu Tran illegally stopped in a gore point on Route 73 in Orange County and left two intoxicated passengers in a dangerous spot before Normandin-Parker was struck by traffic.
- •The arbitrator ruled that California's Proposition 22 framework allowing ride-share drivers to be classified as independent contractors does not absolve Uber of liability for the incident.
- •Because the case was resolved through arbitration required by Uber's terms of service, the decision does not establish legal precedent for similar future claims.

The parents of a 23-year-old woman who was fatally struck along a southern California highway after her Uber driver pulled over have been awarded $40 million, after an arbitrator found both the company and the driver liable for her death.
Carol Normandin and Ken Parker said Friday that they hope the award will draw attention to the 2023 death of their daughter, Emily Normandin-Parker, and that they intend to use the money to push for stronger safety standards and greater transparency in the ride-hailing industry.
"I want to do good with it," Parker said of the money, "but I never wanted it. No parent would ever want it. The best thing about it is that it's bringing attention to the issue that sorely needs attention."
The fatal ride began as a routine trip home. Normandin-Parker had ordered the Uber for herself and a friend after a night out drinking. When her friend became sick and vomited, driver Vu Tran pulled over on the side of Route 73 in Orange County, and all three exited the vehicle. Normandin-Parker was then struck by traffic.
Uber's platform defense rejected
During the arbitration proceedings, Uber argued that it operates as a technology platform connecting riders with "independent third-party drivers," according to the independent arbitrator, Richard Stone. Stone, a retired judge, rejected that argument and found Uber "vicariously liable" for the driver's negligence — the legal doctrine under which a company can be held responsible for the actions of a person performing work on its behalf.
The company disagreed with the finding. "While we respect the arbitration process, we believe the arbitrator was wrong in holding Uber legally responsible for the tragic events of that night," Uber said in a statement, adding that it has continued to "strengthen our approach to safety over the years."
Attorneys who represented Tran at the arbitration hearing did not immediately respond to an email seeking comment.
Award details and the arbitrator's findings
The arbitration document, dated in July, was released this week by Normandin and Parker's attorneys. Stone determined that Uber and Tran were jointly responsible for paying $20 million to each parent.
The arbitrator acknowledged gaps in the record of "those crucial moments," writing that "no one presented entirely credible testimony." Even so, the evidence showed that Tran pulled into a gore point — the area between a ramp and the road — and began arguing with Normandin-Parker's friend outside the car, according to Stone. Neither man saw traffic strike Normandin-Parker.
"In a fit of anger, he needlessly placed them (and himself) in danger by illegally stopping in the gore point when he could have easily … stopped in a safe place instead alongside an active freeway at night," Stone wrote. "Tran then abandoned those two young women, whom he knew to be intoxicated and whom he had kicked out of his car in his anger over what had transpired, in that spot."
GPS data cited by Stone showed that after leaving the scene, Tran pulled over at the next exit and called Uber about securing a cleaning fee.
Independent contractor status does not shield the company
Under California law, Uber and other ride-sharing platforms may treat their drivers as independent contractors — a framework established by Proposition 22, the ballot measure California voters approved in 2020. Stone rejected the notion that this classification absolves Uber of liability, writing that the company should "learn from this tragic incident" and change its approach to passenger safety. "Should it fail to do so, it no doubt engages in that approach at its own substantial risk," he said.
The case was resolved through arbitration rather than the courts because Uber's terms of service, which riders accept when signing up, require that claims or disputes go through the private resolution process. Arbitration requirements of this kind are common across gig-economy platforms, and unlike a court ruling, the arbitrator's decision does not establish legal precedent — so outcomes in similar claims are decided case by case rather than shaped by a binding ruling.
In its statement, Uber said it continues to invest in safety through "new technology, policies and safeguards," along with guidance to drivers on avoiding unsafe drop-off locations, and that its safety work "is never finished."
Remembering Emily
Normandin and Parker remembered their daughter as creative, funny and kind — a writer working to become a playwright, an older sister, and an advocate for others. They established the Emily Normandin-Parker Foundation and said the award money will also fund scholarship and mentorship opportunities and support LGBTQ+ organizations.
The parents criticized Uber's response as evidence of the company's "pathological inability to admit responsibility."
"They're focused on their bottom line, to the detriment of safety," Parker said. "They don't care about safety They care about money."
This story was originally reported by Fortune.com.