The family of a North Charleston, SC, cyclist who was killed by an Uber driver in November 2021 has filed a wrongful death lawsuit against the driver and the ride-sharing company.

On the evening of November 14, 2021, Joseph David Chase Jr. was struck from behind by Uber driver ​​Kenric Elwin McKoy. Authorities detailed that after Chase dropped off a passenger he was using the Uber app on his phone to navigate to his next passenger. McKoy details that when he looked up from his phone, he saw a bicyclist in the middle of the road, and despite trying to swerve to avoid hitting the cyclist, Chase was struck in the rear of his bicycle. ​​ The lawsuit describes the impact of the accident explaining, “The force of the collision was so great, the plaintiff was thrown from his bicycle, landed on the windshield of the defendant's vehicle, rolled off and hit the pavement sustaining life-threatening injuries later resulting in death.”

Authorities who arrived at the scene detail finding Chase on the ground unconscious yet still breathing, with blood pooling next to his head. Authorities also shared that Chase was wearing reflective clothing and a helmet when he was struck. Chase was taken to the hospital but died the following week due to his injuries. Following the incident, Chase was charged with careless driving.

Nearly a year later, Chase's family is seeking a jury trial and damages due to the “negligent, careless, reckless, wanton and grossly negligent” actions of both the driver and Uber.

The lawsuit contends that Uber failed to have policies and procedures in place that properly trained and monitored drivers; among the lacking policies and procedures was having and enforcing an adequate safety program.

The lawsuit also accused Uber of not taking the proper steps to thoroughly vet McCoy and his driving background. “Uber Technologies, Inc., knew or should have known that defendant McCoy could not navigate the vehicle in a safe and effective manner,” the lawsuit explains.

In failing to protect other drivers and pedestrians like Chase, the lawsuit contends that the plaintiff's family is entitled to damages under the South Carolina Wrongful Death Act. Under this act, the immediate family of a deceased individual, including a spouse or children, can bring forward a wrongful death lawsuit if the death was the result of deliberate, reckless, or negligent actions.

The plaintiff's family is seeking unspecified damages for conscious pain and suffering, mental and emotional distress, and the medical expenses following Chase's injury and eventual death.

While Uber maintains that they have a comprehensive safety program in place and invest heavily in their training and monitoring programs, pedestrian deaths by Uber drivers are not new. According to Uber, there were 101 traffic fatalities connected to the Uber platform in 2019 and 2020. Twenty-three of these fatalities were pedestrians, while three were on bicycles or scooters.