Uber Driver Hits Young Girl: Who Is At Fault?

In a tragic turn of events, a child was recently injured in a fatal car accident. An Uber driver mistakenly hit a young girl, and the worst part is who is at fault for this accident.

This video, which attorney Ugo Lord reacted to, shows news coverage of a little girl who was run over by an Uber car that her family had just been let out of. In the clip, the child’s family exits the car and walks away. Just when it seems like the whole family exits the car, we can see the little girl begin walking around the front, directly out of the driver’s line of sight. 

Tragically, the driver ran over the child due to his presumed clearance. Although not shown in the clip, news stories attached to the event claim that the child’s family ran over to the driver and began hitting him rather than stepping in to help the child. 

Who Is At Fault in This Situation?

As with many cases like this, determining who is at fault can be tricky. On one hand, the driver of the car seems responsible for the incident, as his actions drove the car over the child. In another sense, the parents also hold responsibility for ensuring their child is safe and out of harm’s way. 

That said, most sources suggest that a situation like this would require a lot of consideration and care. Attorney Ugo Lord argues that the parents would be responsible, as it was their duty to make sure that the child was safe and with them. The driver also showed no negligence because he took the time to let the people he could see make their way safely to the sidewalk. 

Parental Responsibility 

In situations like this, parental responsibility is considered. Just as the driver in the video is responsible for driving safely and following the rules of the road, the parents have the responsibility to care for their child. When an unsupervised child is injured, the parents can be held legally responsible for the situation. For instance, parents who are in situations like this can be charged with child neglect or child endangerment.

Comparative Liability 

Interestingly, many states and cities practice comparative liability when considering these cases. Comparative liability is when both parties involved in an incident can be held responsible for their actions. For instance, if both a pedestrian and a driver acted irresponsibly before a wreck, they could be held liable. 

Of course, these rules differ when a child is involved. In those cases, the child cannot be held responsible, and the liability typically falls upon their parents. 

How is Liability Compared? 

Many pedestrian accidents involve some form of responsibility for both the driver and the person hit by the car. Since a child was involved, the comparative liability can become a little more tricky. As mentioned, the parents can be held responsible for their child’s injuries. Furthermore, they can still pursue legal action, assuming the driver failed to check his surroundings. 

Some of the most important factors that are compared in liability include: 

• Where the child was concerning their family.
• How old the child was. 
• The surrounding environment at the time. 
• What were the parents doing when the accident happened? 
• Whether the driver was dutifully checking his surroundings before the event. 
• Whether the driver exhibited negligent behavior.
• Whether the parents exhibited negligent behavior.