Actually if he was using the app Uber's lawyers are going to have a fun time because then he's being willfully negligent. They will claim he should have pulled

Actually if he was using the app Uber's lawyers are going to have a fun time because then he's being willfully negligent. They will claim he should have pulled over and used the app in accordance with state law, and that uber is not at fault because the driver was being criminally negligent.