Source: http://bits.blogs.nytimes.com/2014/01/27...

The suit, set to be filed on Monday, seeks damages against Uber in the death of Sofia Liu, 6, on New Year’s Eve in San Francisco. Sofia was hit by an Uber driver who was waiting for a fare. Her mother and brother were injured.

Uber asserts that Uber drivers without fares are not Uber cars. The suit, filed by Chris Dolan, a San Francisco lawyer, directly challenges this effort by the company to detach itself from its own users. It says Uber needs the vehicles to be logged into the Uber app — that’s the only way potential riders know there is a car in the vicinity. So even when there is no fare in the car, the drivers are in essence on the clock, working for Uber.

When drivers accept a call, furthermore, they need to interface with the app. The suit goes on to note that under California law, it is illegal to use a “wireless telephone” while driving unless it is specifically configured to be hands-free — which the app is not. In essence, the suit argues that Uber was negligent in the “development, implementation and use of the app” so as to cause the driver to be distracted and inattentive.