What if the cause for the accident was that the driver was responding to a 'ride available' text from Uber? It's not a bad argument to say that Uber requires th

What if the cause for the accident was that the driver was responding to a 'ride available' text from Uber? It's not a bad argument to say that Uber requires that drivers pay attention to their cell phone when not in an active ride, hence they should be liable when the driver is able to respond to pick up requests (ie, is looking to do a pickup)