Whether or not the driver was carrying a fare at the time of the accident is pretty much irrelevant. The key question is was the driver carrying fares that nigh

Whether or not the driver was carrying a fare at the time of the accident is pretty much irrelevant. The key question is was the driver carrying fares that night, i.e. relatively recently before the accident. I'd tend to believe he was, being NYE, but I guess we don't know. I'd also tend to believe if he wasn't working at all that night, if he was "off," Uber would have probably pointed that out in their statement. "The guy hadn't even been working for us at all that day!!!" So it really makes no difference if he had a fare in his car. If he was working that night, he was working, he was just in between fares. And the whole independent contractor thing means nothing. If I were the family's lawyer I'd have no problem arguing that driving a cab in the city is an "inherently dangerous activity." [1] But hey, I expect nothing less than Uber's "not our problem" response given their Objectivist CEO. [1] http://www.williamskastner.com/employers-may-face-vicarious-liability-for-dangerous-acts-of-independent-contractors/ http://www.williamskastner.com/employers-may-face-vicarious-...