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texting while driving


Less than a month after a San Francisco driver employed by the web-based transportation company Uber struck and killed a six-year-old girl on New Year’s Eve, the child’s family has filed a wrongful death lawsuit against the company, citing negligence. Like in Illinois, use of a non-hands-free mobile device while driving is illegal in California, and Uber drivers use the company’s official smartphone app to connect with clients.

Uber Address the Accident

Uber provides a taxi-like service that allows consumers to order rides using a phone app, and bases its fare costs on factors like distance and volume of customers—on busier nights, rides cost more. On the night of the accident, the driver was logged in to the Uber app—the company had previously been vocal about the potential for surging prices on New Year’s Eve—when he struck a woman and her two children, killing her daughter.

Though the company released a statement the next day stating that the driver “was not providing services on the Uber system during the time of the accident,” the family has contacted a personal injury attorney and filed a lawsuit regarding the car accident.

The Personal Injury Attorney Responds

The personal injury attorney notes that car accidents caused by mobile phone use while driving are a violation of California’s distracted driving laws. California’s distracted driving laws are similar to those in Illinois, and wrongful death can result from negligence and failure to adhere to those laws.

In this case, Uber alleges that because its driver was not carrying any passengers at the time of the accident, the company is not liable. The family’s personal injury attorney has commented that Uber is not extending insurance protection to the driver or the victim’s family.

Wrongful Death, Negligence and Personal Injury

Any vehicle accident resulting in a serious injury or death is a tragedy, but when a wrongful death is caused by negligence, the situation is all the more serious. If the actions or policies of a person or company result in the wrongful death of an innocent victim, justice can mean more than criminal charges alone.

In Illinois, our personal injury attorneys see cases like this California tragedy all the time—the negligence of one party results in the wrongful death or injury of another. And like in the case filed against Uber just last week alleges, sometimes the responsible party isn’t just the individual or individuals directly involved, but the company they represent.

If you know someone who has been injured or even killed in an accident that was not their fault, contact one of our personal injury attorneys in Illinois today, and get one step closer to the justice they deserve.


Firm Awards & Recognitions

Steven Malman was selected to the list. The list is issued by the American Institute of Legal Counsel. A description of the selection methodology can be found at

  • Steven Malman was selected to the list. The list is issued by the National Academy of Personal Injury Attorneys. A description of the selection methodology can be found at

  • Steven Malman was selected to the list for 2018-2019.

  • Only the top 100 trial lawyers from each state or highly-populated regions of certain states who are actively practicing in civil plaintiff and/or criminal defense law are eligible for invitation. Invitees must demonstrate superior qualifications, leadership skills, and trial results as a legal professional. The selection process for this elite honor is based on a multi-phase process based upon objective and uniformly applied criteria which includes peer nominations combined with third party research.

    Prospective members of The NTL are carefully screened prior to receiving an invitation for membership.

  • Top Attorneys Diamond Member

  • Top Attorneys of North America 2019-2020

  • The American Institute of Trial Lawyers is an invitation only professional organization composed of premier trial attorneys from each state. These attorneys exemplify the very best qualities and qualifications of an attorney. Each attorney must meet stringent qualifications as a civil or criminal trial attorney. These attorneys practice in a variety of fields to help and promote the ethical and elite practice of law. Selection is based on a thorough multi phase process which includes peer nominations and third party research. Each member must be in good standing with their local compliance organization. Membership is extended to only a select few in each state and/or region.

  • As the founder of Steven J. Malman and Associates, P.C., Attorney Steven Malman has 21 years of experience handling personal injury, nursing home, medical malpractice, premises liability, construction and workers’ compensation cases. Mr. Malman is one of Chicago’s leading authorities on personal injury law and has taken a special interest in defending the elderly from neglect and abuse. He has personally handled over 10,000 cases successfully, and collected hundreds of millions dollars for his clients.

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