Bronx mom sues Uber driver, school, crossing guard in sons death.

SEAL Team 5

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tohunt4me

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Uber driver being named specifically in a lawsuit without Uber as a defendant. This is going to show everyone just how good James River really is. Anybody think that James River will step up to the plate and provide the driver with a good trial attorney that has litigated multi million dollar cases before?
If James River isn't named in the suit,why would they want to stick their neck out ?

Got your back "PARTNER".
 

SEAL Team 5

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If James River isn't named in the suit,why would they want to stick their neck out ?

Got your back "PARTNER".
Because that's who the primary insurer is when you've accepted a fare. So they can max out at $1 million or share the cost of a very good legal team with the school, the Uber driver and the crossing guard. Damn, aren't most school crossing guards volunteers? That's a crappy thing to have over your head. I wonder if the crossing guard has homeowners insurance? Many times they represent you if your being sued in Superior Court.
 

observer

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Because that's who the primary insurer is when you've accepted a fare. So they can max out at $1 million or share the cost of a very good legal team with the school, the Uber driver and the crossing guard. Damn, aren't most school crossing guards volunteers? That's a crappy thing to have over your head. I wonder if the crossing guard has homeowners insurance? Many times they represent you if your being sued in Superior Court.
In this case he was ON HIS WAY to pick up pax. So if I'm not mistaken would not have the full One Million Dollar coverage, even if it was offered in that state. Isn't the full coverage only with pax on board?
 

SEAL Team 5

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In this case he was ON HIS WAY to pick up pax. So if I'm not mistaken would not have the full One Million Dollar coverage, even if it was offered in that state. Isn't the full coverage only with pax on board?
Don't know New York laws pertaining to Uber, but here in AZ once you accept a ping you're covered for $1 million liability with James River.
 

observer

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Don't know New York laws pertaining to Uber, but here in AZ once you accept a ping you're covered for $1 million liability with James River.
I've been checking around and NY minimum is 100K-300K. Uber may pay out just to get rid of bad publicity like they did in the Sofia Liu case. Coverage is different for a pedestrian and an actual passenger.
 

Tim In Cleveland

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The driver admitted he hit the boy because he was looking at his screen? Sounds phony. Drivers who strike someone who ran into traffic aren't normally held liable. The article doesn't mention a citation being issued.
 

SEAL Team 5

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The driver admitted he hit the boy because he was looking at his screen? Sounds phony. Drivers who strike someone who ran into traffic aren't normally held liable. The article doesn't mention a citation being issued.
It was right in front of a school, I'm sure it was a school zone. If not, the law of reasonable and prudent comes into affect. It's prudent that reasonable drivers pay extra close attention when operating a vehicle through or by a school zone.
 

Tim In Cleveland

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It was right in front of a school, I'm sure it was a school zone. If not, the law of reasonable and prudent comes into affect. It's prudent that reasonable drivers pay extra close attention when operating a vehicle through or by a school zone.
"reasonable and prudent" are vague. If he wasn't cited for speeding, using a cell phone or failure to stop, the case lacks merit. If he did admit to being distracted by a ping I can understand the lawsuit. I just don't believe he said that. I think the family is guessing and if he was already on his way to pick up a client, he had no reason to be looking at a ping. You don't normally get them before you pick up your client cuz Uber has no idea how long you will have to wait for them to get their butts into the car.
"the family's attorney Audra Roth said the driver was speeding and distracted by Uber's communications technology.
He’d gotten an alert sending him to pick up a fare when he failed to stop in time"
This all sounds like utter b.s. The reporter didn't check to see if a ticket was issued? The police would say the boy "ran into moving traffic" and NOT mention speeding? Nah, the lawyer is making crud up. If you're speeding and strike a pedestrian, you're up a creek and charged with manslaughter.
 
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SEAL Team 5

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"reasonable and prudent" are vague. If he wasn't cited for speeding, using a cell phone or failure to stop, the case lacks merit. If he did admit to being distracted by a ping I can understand the lawsuit. I just don't believe he said that. I think the family is guessing and if he was already on his way to pick up a client, he had no reason to be looking at a ping. You don't normally get them before you pick up your client cuz Uber has no idea how long you will have to wait for them to get their butts into the car.
"the family's attorney Audra Roth said the driver was speeding and distracted by Uber's communications technology.
He’d gotten an alert sending him to pick up a fare when he failed to stop in time"
This all sounds like utter b.s. The reporter didn't check to see if a ticket was issued? The police would say the boy "ran into moving traffic" and NOT mention speeding? Nah, the lawyer is making crud up. If you're speeding and strike a pedestrian, you're up a creek and charged with manslaughter.
But think about this. You're making $.60 a mile and now someone wants to sue you for $5 million. I bet the driver doesn't even know how to respond to a suit like that. He's most likely deactivated and scared out of his mind. Will the driver be found negligent? Probably not. But does he have the resources to even begin to remotely defend himself?
 
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