Family members of one of two people killed in a suspected DUI crash in Goleta are suing ride-share firm Uber and related companies.

The family claims they are responsible for the deaths because they failed to adequately vet and train the Santa Barbara man authorities allege is responsible for the fatal collision.

The crash occurred at about 7:30 p.m. on Oct. 26, 2021, when 40-year-old Gilberto Arteaga-Gutierrez was driving a 2002 Ford Mustang east on Cathedral Oaks Road with 45-year-old Silvia Velasco of Lompoc in the front passenger seat, according to the California Highway Patrol.

The CHP said a 2016 Toyota 4-Runner driven at high speed by 31-year-old Andrew Raymond Burgher of Santa Barbara slammed into the back of the Mustang, causing it to spin out and strike two parked vehicles, west of Camino Cascada and about a quarter-mile west of North Kellogg Avenue.

Arteaga-Gutierrez and Velasco were fatally injured and died at the scene, while Burgher sustained minor injuries.

Burgher was transported to Santa Barbara Cottage Hospital for treatment before being arrested and booked into Santa Barbara County Jail.

The District Attorney’s Office charged Burgher with two counts of second-degree murder; two counts of gross vehicular manslaughter while intoxicated; one count of driving under the influence causing injury, with prior convictions; and one count of driving with a blood-alcohol content of .08% or higher causing injury, with prior convictions.

Burgher also faces several special allegations, including that his blood-alcohol level was above 0.15%; that he caused great bodily injury to more than one person; and that he had a prior DUI conviction, in October 2012.

He is being held without bail at the County Jail.

The civil action, filed last May in San Francisco Superior Court, claims Burgher was operating his vehicle utilizing the Uber app and/or the Uber Eats app, and as “an agent, employee, or partner” of the company.

Also named as defendants in the lawsuit are Burgher; Portier LLC, an Uber subsidiary that manages delivery services for Uber; and Checkr Inc., which provides driver-background checks for the companies.

The lawsuit was filed on behalf of Velasco’s husband, Richard Velasco; her children, Juan, Ana, Kasandra and Monica Velasco; Jose Alvarado, her grandson; and her mother, Francisca Solis.

“The facts of this case are horrendous,” according to the lawsuit. “Multiple witnesses observed defendant Burgher driving at speeds estimated as high as 120 mph on a 40-mph street, running a red light, passing multiple vehicles on the right side in a lane otherwise designated for bicycles, and hopping a curb, and ultimately plowing into the 2002 Mustang being driven by decedent Gilberto Arteaga-Gutierrez, in which decedent Silvia Manzo Velasco was also killed.”

The lawsuit includes four causes of action, including wrongful death; negligence; negligent hiring, supervision and retention of an employee; and claims for monetary damages resulting from alleged wrongful acts by the defendants.

Specifically, the lawsuit alleges that Uber and Portier:

• Failed to obtain information about Burgher’s previous DUI convictions — in 2010 and 2012.
• “Conducted little to no training” of Burgher to prepare him to function safely as a driver for their companies.
• “Provided little to no supervision” of Burgher to ensure he was functioning safely as a driver for their companies.

The lawsuit further alleges that Burgher’s prior DUI history “was not obtained and/or not provided” by Checkr to Uber or Portier.

It also claims that, at the time of the collision, Burgher had a blood-alcohol level of 0.16%, which is twice the 0.08% limit at which a driver is considered drunk under California law.

The defendants in the lawsuit all have filed responses asserting multiple affirmative defenses to the allegations, among them statute of limitation, lack of proper standing, and asserting that other entities are responsible for any injuries.

Uber also has filed motions — unsuccessfully thus far — seeking a change of venue order to move the case to Santa Barbara County Superior Court from San Francisco.

The company claims that “the convenience of witnesses and the interests of justice would be promoted by such transfer.”

The plaintiffs thus far have opposed the change of venue, according to court records.

The defendants also filed motions opposing the proposed trial date of February 2025 for the civil case, citing Burgher’s ongoing criminal proceedings. The trial for the civil case is now set to commence on May 12, 2025.

A preliminary hearing in the criminal case was held in September 2022 in Santa Barbara County Superior Court, and Burgher was ordered to stand trial.

However, the trial has not yet been scheduled because Burgher’s attorney, Deputy Public Defender Mark Saatjian, has requested continuances, according to Kevin J. Weichbrod, senior deputy district attorney, who is prosecuting the case.

Burgher is due back in court on Wednesday, April 24, for a trial-setting hearing.

Upon conviction, second-degree murder carries a prison sentence of 15 years to life for each count, according to Weichbrod.