The lawsuit seeks damages in the death of 6 year-old Sophia Liu, who was struck by an Uber driver who was waiting for their fare, on New Year’s Eve in San Francisco. Uber insists that drivers without fares are not Uber cars, however the lawsuit directly challenges this claim by the company, arguing that Uber needs all vehicles to be logged into its app so that potential riders know there is a driver in the vicinity. Also argued in the lawsuit is Uber’s negligence in the “development, implementation, and use of the app” because the telephone feature for drivers is not hands-free. The driver in this case could have been distracted and not paying attention. In the state of California, it is illegal to use a “wireless telephone” while driving, unless it specifically configured to be hands-free. In this case, the driver takes the fall for this tragic accident. If a case like this has happened to your child or another loved one, please contact the attorneys at Friedman, Domiano, and Smith, where we will fight for your wrongful death case. News reported by The New York Times.