Uber sued over girl's death in S.F. Family says firm's app violates distracted-driving laws 
 
 
 
 
 
 
 
 
 
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 Photo: Pete Kiehart, The Chronicle Image 1 of / 13 Caption Close Image 1 of 13 
 
 less Mourners have created a makeshift memorial for Sophia Liu at the corner of Polk and Ellis streets on January 15, 2014 in San Francisco, Calif. Sophia Liu, 6, was killed, and two people were injured at the intersection on New Year's Eve. Mourners have created a makeshift memorial for Sophia Liu at the corner of Polk and Ellis streets on January 15, 2014 in San Francisco, Calif. Sophia Liu, 6, was killed, and two people were injured at the ... more Photo: Pete Kiehart, The Chronicle Image 2 of 13 Syed Muzzafar, 57, of Union City, arrested for alleged vehicular manslaughter in connection with a crash Dec. 31, 2013, that killed a 6-year-old pedestrian, Sophia Liu, at Polk and Ellis streets in San Francisco. less Syed Muzzafar, 57, of Union City, arrested for alleged vehicular manslaughter in connection with a crash Dec. 31, 2013, that killed a 6-year-old pedestrian, Sophia Liu, at Polk and Ellis streets in San ... more Photo: San Francisco Police / San Francisco Police Department Image 3 of 13 Attorney Christopher Dolan alleges that the driver of the vehicle - an Uber contractor - was logged onto the Uber app at the time he fatally struck Sofia Liu, and was waiting to receive and accept a ride request. less Attorney Christopher Dolan alleges that the driver of the vehicle - an Uber contractor - was logged onto the Uber app at the time he fatally struck Sofia Liu, and was waiting to receive and accept a ... more Photo: Stephen Lam, Special To The Chronicle Image 4 of 13 A file photo of the Uber app. 
 
 A file photo of the Uber app. Photo: Siana Hristova, The Chronicle Image 5 of 13 Image 6 of 13 A pedestrian waits to cross the street at the corner of Polk and Ellis on January 15, 2014 in San Francisco, Calif. Sophia Liu, 6, was killed, and two people were injured at the intersection on New Year's Eve. 
 
 A pedestrian waits to cross the street at the corner of Polk and Ellis on January 15, 2014 in San Francisco, Calif. Sophia Liu, 6, was killed, and two people were injured at the intersection on New Year's Eve. Photo: Pete Kiehart, The Chronicle Image 7 of 13 A pedestrian crosses Ellis Street as cars make the turn off of Polk Street, right, on January 15, 2014 in San Francisco, Calif. Sophia Liu, 6, was killed, and two people were injured at the intersection on New Year's Eve. less A pedestrian crosses Ellis Street as cars make the turn off of Polk Street, right, on January 15, 2014 in San Francisco, Calif. Sophia Liu, 6, was killed, and two people were injured at the intersection on New ... more Photo: Pete Kiehart, The Chronicle Image 8 of 13 A pedestrian crosses Ellis Street on Polk Street on January 15, 2014 in San Francisco, Calif. Sofia Liu, 6, was killed, and two people were injured at the intersection on New Year's Eve. Since New Year's Eve there has been a spate of pedestrian fatalities in San Francisco. less A pedestrian crosses Ellis Street on Polk Street on January 15, 2014 in San Francisco, Calif. Sofia Liu, 6, was killed, and two people were injured at the intersection on New Year's Eve. Since New Year's Eve ... more Photo: Pete Kiehart, The Chronicle Image 9 of 13 
 
 less A pedestrian crosses Alice B Toklas Place on Polk Street on January 15, 2014 in San Francisco, Calif. Sophia Liu, 6, was killed, and two people were injured a short distance away at the intersection of Polk and Ellis streets on New Year's Eve. A pedestrian crosses Alice B Toklas Place on Polk Street on January 15, 2014 in San Francisco, Calif. Sophia Liu, 6, was killed, and two people were injured a short distance away at the intersection of Polk and ... more Photo: Pete Kiehart, The Chronicle Image 10 of 13 Image 11 of 13 Christopher Dolan represents the family of 6-year-old Sofia Liu, who was struck and killed while crossing a street in S.F. Christopher Dolan represents the family of 6-year-old Sofia Liu, who was struck and killed while crossing a street in S.F. Photo: Lea Suzuki, The Chronicle Image 12 of 13 Attorney Christopher Dolan (right), who represents the family of Sofia Liu, speaks during a press conference at The Dolan Law Firm as Emile Davis (left), attorney, sits next to him on Monday, January 27, 2014 in San Francisco, Calif. 6-year-old Sofia Liu was fatally struck on New Year's Eve by a vehicle driven by Uber contractor, 57-year-old Syed Muzzafar. less Attorney Christopher Dolan (right), who represents the family of Sofia Liu, speaks during a press conference at The Dolan Law Firm as Emile Davis (left), attorney, sits next to him on Monday, January 27, 2014 ... more Photo: Lea Suzuki, The Chronicle Image 13 of 13 Uber sued over girl's death in S.F. 1 / 13 Back to Gallery 
 
 The family of a 6-year-old girl killed by an Uber driver on New Year's Eve in San Francisco filed a lawsuit Monday against the driver as well as the company, asserting that use of the fast-growing online app runs afoul of California's distracted-driving laws. 
 
 The wrongful-death suit could weigh heavily in the debate over how technology companies like Uber, Lyft and Sidecar in the booming ride-services industry should be regulated - and to what degree they should be held liable for the actions of their drivers. 
 
 The suit, filed in San Francisco Superior Court, alleges that the driver of the vehicle - who was at that time an Uber contractor - was logged on to the company's UberX app when he fatally struck Sofia Liu and was waiting to receive and accept a ride request. The driver's attorney has also said he was between fares. 
 
 The company, which takes a cut of every ride booked through its system, declined to comment Monday. In the past, Uber officials have said the driver, 57-year-old Syed Muzzafar of Union City, was not providing services on the company's basic UberX system because he did not have a passenger with him. 
 
 Lawsuit's allegations 
 
 The suit calls this a narrow view of how companies like Uber do business. Christopher Dolan, the family's attorney, said the phone-based interface that drivers use to find fares contributed to the death of Sofia, along with injuries to her mother, Huan Kuang, and 5-year-old brother, Anthony Liu. Dolan said Uber had denied insurance protection that would have covered the family and the driver. 
 
 Because drivers must interact with the Uber app to locate and pick up riders, the app violates a California law that seeks to cut down on distracted driving, the suit says. Uber drivers "must respond quickly to a user request for service by physically interfacing with the app, thereby leading to distraction," the lawsuit states. 
 
 It said the practice violates the state vehicle code, which says, "A person shall not drive a motor vehicle while using a wireless telephone unless that telephone is specifically designed and configured to allow hands-free listening and talking, and is used in that manner while driving." 
 
 State law allows some drivers to use heads-up displays in their vehicles, such as those used by police officers and paramedics, but there is no such exemption for ride-sharing. An Uber driver must tap a screen at least once to accept a fare. 
 
 At a news conference Monday afternoon, Dolan said his lawsuit sends a "message to the industry" that its reliance on mobile devices while driving is fundamentally flawed. 
 
 "It's their technology. They need to make it safe," he said, suggesting that a hands-free mode would bring their businesses into compliance. 
 
 Stephen Sugarman, a professor at the UC Berkeley School of Law, said drivers - and ride-services companies - can remain compliant with California driving laws simply by pulling over before they check their phones. 
 
 "I'm sure Uber will say that our policy is that you don't look at your cell phone while driving," Sugarman said. "It'd be crazy if they didn't have a policy against driving around looking at your cell phone." 
 
 State oversight 
 
 Uber, which four years ago began pairing freelance drivers with riders who want to bypass traditional cabs in San Francisco, now operates in more than 50 cities worldwide. The California Public Utilities Commission has claimed control over Uber and other ride-sharing services, which it calls transportation network companies. 
 
 Last year, the commission, among other things, began requiring the companies to carry commercial liability insurance, regardless of whether the driver is personally insured. The law mandates a minimum $1 million of coverage per incident. 
 
 Most believe such regulation goes a long way toward protecting riders and minimizing legal uncertainties. But Joseph Lavitt, another law professor at UC Berkeley, says ambiguity may remain in the new regulations. 
 
 While the rules require Uber to have insurance when drivers are "in transit to or during trips arranged through the Uber app," the rules don't clarify whether other job-related activities like checking on fares are included, Lavitt said. 
 
 "A rule should sufficiently address those ambiguities," he said. "This (issue) may come down to a factual dispute about what the driver was doing." 
 
 The suit by Sofia's family claims wrongful death, negligent hiring and supervision, negligence with a motor vehicle, and infliction of emotional distress. The suit asks for unspecified damages. Dolan said the girl's mother had spent weeks in a hospital and may never regain full use of her eye after reconstructive surgery. 
 
 Police report 
 
 San Francisco police said the crash that killed Sofia happened at 8 p.m. when Muzzafar, driving a Honda sport utility vehicle, failed to yield to the girl, her mother and brother as they crossed Polk Street in a crosswalk near the Civic Center. 
 
 Muzzafar was arrested on suspicion of vehicular manslaughter with gross negligence and failure to yield to pedestrians in a crosswalk, police officials said. He is out of jail on bail and has not been charged. 
 
 Muzzafar's attorney, Graham Archer, said Monday that his client is "absolutely distraught" over the accident. He said he was disappointed with Uber's effort to distance itself from Muzzafar. 
 
 Uber said it deactivated Muzzafar as a driver after the crash. 

 Travis Kalanick (left) of Uber created an app so riders can summon a car by smartphone. 
 
 SAN FRANCISCO — It is Travis Kalanick versus the world, and recently the world seems to be winning. 
 
 Kalanick, who is brash and aggressive even by the standards of Silicon Valley, created Uber four years ago to blow up the traditional taxi business. In more than 60 cities around the world, it is doing just that. 
 
 Anyone with a smartphone can use Uber’s software to get a ride. No more standing on the corner in the rain, trying desperately to conjure up something that is not there. For that achievement, Uber is worth $4 billion. 
 
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 Suddenly, however, Kalanick is a bit besieged. Uber is being sued by its drivers, who say it is stealing their tips. Competitors are pressing it from all sides. Celebrity riders like Salman Rushdie and Jessica Seinfeld have had gripes too, usually about pricing. 
 
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 Much worse, there have been questions about the quality of the drivers, made more urgent after one in San Francisco hit a family in a crosswalk on New Year’s Eve, killing a 6-year-old. Her death has provoked the first wrongful-death lawsuit against Uber, which is expected to be filed Monday. 
 
 Uber and its abundance of imitators represent a new stage for technology companies. These businesses insert themselves directly into the physical world, arranging on-demand transportation, meals, or even clean laundry — in exchange for sweet commissions. Unlike Google or Facebook or Twitter, which thrive in the safe confines of cyberspace, these startups live on the streets. That is a much messier place. 
 
 Regulators, courts, and city halls are struggling to define Uber. Is it a taxi company or a technology platform? Are the drivers employees, as some are arguing in court, or “partners” — that is, freelancers — as Uber maintains? 
 
 Uber compares itself to the auction site eBay, connecting a buyer and seller but not liable for what happens between them. Regulating Uber, the company told the California Public Utilities Commission, would stifle innovation. 
 
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 The commission, which oversees limousine companies, called Uber’s arguments “creative” but decided in September that it was a transportation company, after all, subject to regulation. Uber is appealing. 
 
 A spokesman for Uber said the company’s system of asking passengers for feedback meant Uber was self-regulating. 
 
 The issue is pressing because, as the company rapidly expands and Uber drivers flood the streets, the possibility of accidents increases. Who is responsible when something goes wrong? 
 
 The Uber driver who hit 6-year-old Sofia Liu and injured her mother and brother was arrested on suspicion of vehicular manslaughter. 
 
 “We have deactivated his Uber account,” Uber said in a statement. But the company pointedly said the driver, Syed Muzaffar, did not have a passenger in his Honda Pilot at the time of the accident, and thus the accident had nothing to do with Uber. 
 
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 Muzaffar’s lawyer said that was false and self-serving. “He was working for Uber,” said the lawyer, Graham Archer. “He was waiting for a fare.” 
 
 In a testy interview at Uber’s offices here, Kalanick declined to discuss the accident except in the most general terms. 
 
 “We work our butts off to go above and beyond what is expected even by the regulators, including insurance, background checks,” he said. “And so it always comes back to, did Uber do something wrong?” 
 
 Some say the answer is yes. 
 
 The San Francisco Cab Drivers Association, which is losing drivers to Uber, prominently offered condolences to Sofia’s family on its website. 
 
 “Uber may be the next Amazon, but Amazon doesn’t have the same potential capability to leave a trail of bodies in the street,” Trevor Johnson, a director of the association and a driver himself, wrote in an e-mail. 
 
 Sofia was buried Thursday. Christopher Dolan, a personal injury lawyer representing the Liu family, spoke at the service with a message from the girl’s father, Ang Jiang Liu: “I intend to get justice for my daughter and hold Uber accountable.” 
 
 Uber by its very nature distracts its drivers, the lawyer said in an interview. 
 
 “Cabdrivers who are looking for fares are scanning the streets,” he said. “Uber drivers looking for fares are looking at their phones.” 
 
 David Krane, who last summer led a $258 million investment in Uber by Google Ventures, was full of admiration for Kalanick and what he called his “superpowers,” including his attention to detail. 
 
 “I know very few chief executives that on New Year’s Day would answer 100 customer service inquiries in public,” Krane said. 
 
 Those inquiries, on Twitter, were often about surge pricing, the much-discussed Uber feature that increases prices by multiples of three, four, or more times normal on holidays, or during bad weather or rush hour. Surge pricing, Uber says, gets more vehicles on the road, but many riders do not seem to understand it. 
 
 Kalanick, 37, was his usual combative self on New Year’s in response to complaints about surge pricing. “2 confirmations and typing in surge price.. should ppl not take responsibility for their actions when drunk?” he posted on Twitter. 
 
 Drivers filed suit against Uber in August, saying the company told riders that the tip was included in the fare but that it was never remitted to the driver. 
 
 Uber says there is no merit to the case, but a San Francisco judge ruled last month that it could go forward. 
 
 More drivers are constantly being solicited. Last week, Uber apologized for ordering 100 cars from a New York competitor and then canceling. Uber’s goal was to get the drivers’ numbers and persuade them to work for Uber. 
 
 “Too aggressive,” the company conceded.
– Driving service Uber now operates in 60 cities and is worth $4 billion, the Boston Globe reports. But the company is under scrutiny for more reasons than one, including this big one: A driver hit a 6-year-old girl on New Year's Eve, killing her, and a lawsuit was filed yesterday. It names the driver as well as the company, and says the app-based service is breaking California laws against distracted driving. According to the filing, driver Syed Muzzafar, 57, was using the UberX app to find his next customer when he hit Sofia Liu; the girl's mother and brother were also hurt. Uber drivers "must respond quickly to a user request for service by physically interfacing with the app, thereby leading to distraction," the suit says. State law requires hands-free devices, but an Uber driver can't grab a fare without pressing the screen at least once. The family's lawyer also says that Uber failed to provide insurance to cover the scenario: Muzzafar had no fare in his car when he hit Sofia; state rules call for insurance to cover drivers while on trips for Uber, says an expert, but it's less clear about insurance for drivers between passengers, the San Francisco Chronicle reports. Uber says that since Muzzafar didn't have a passenger, Uber has no culpability in the matter; his lawyer maintains the opposite. "He was waiting for a fare. He was working for Uber." Police arrested Muzzafar on suspicion of manslaughter, but he hasn't been charged.