Tragic: Sofia Liu, six, was killed by an Uber driver as he drove around San Francisco waiting for a fare
An Uber driver has been charged over the death of a six-year-old girl he ran over as she walked on a pedestrian crossing with her mother and brother on New Year's Eve.
Syed Muzaffar was looking for a fare with the taxi-service app when he made a turning straight into Sofia Liu, six, her mother Ang Liu, and brother Anthony, four, on a crosswalk in San Francisco.
Ms Liu suffered broken bones and her son was also hurt in the collision. Her daughter's death has sparked a legal and regulatory tussle over Uber's responsibility for the services it facilitates.
Muzzafar, 57, from Union City, California, who stopped and was arrested at the scene on December 31, 2013, was yesterday finally charged with misdemeanor vehicular manslaughter over Sofia's death.
His arrest follows a long and continuing legal tussle between Uber and Sofia's family, who have named the firm in a wrongful-death lawsuit that alleges use of Uber falls foul of California's distracted driving laws.
Uber had been heavily criticised after it quickly moved to disavow any responsibility for Sofia's death, admitting Muzzaffar was a 'partner' but pointing out he was not on a paid fare when he hit her.
'The driver in question was not providing services on the Uber system during the time of the accident. The driver was a partner of Uber and his account was immediately deactivated,' the company wrote on its blog.
However, it is understood Muzzafar had been using Uber for abound a month as a full-time job to support his four children. Court records seen by ABC7 News indicate he had his Uber app on at the time of the accident.
Shortly after Sofia's death, Ms Liu spoke through a translator to tell ABC7 News what happened. 'Suddenly a car came from the left, hit into Sophia, smashed into me and knocked Anthony to the ground,' she said.
'It all happened in an accident, but I saw the driver looking down at his phone. His face was lit up by the light of his phone.'
Co-accused: Driver Syed Muzaffar was finally charged over Sofia's death yesterday. He and Uber, the taxi-service company, are co-defendants in a wrongful-death lawsuit brought by Sofia's family
Uber maintains that drivers without vehicles are not Uber cars. Diane M. Doolitte, a lawyer for the tech firm, was quoted by Buzzfeed as saying: 'Uber and its affiliated companies sympathise with the Liu family and understand their desire for redress for their loss and their injuries.
'However, [Uber and its affiliated companies] did not cause this tragic accident.'
But lawyers for Ms Liu and Muzzafar have both challenged Uber's position. Chris Dolan, representing Ms Liu said the company needs drivers to be logged in to connect them to customers, making them essentially on the clock.
Graham Archer, for Muzaffar, has said his client had already dropped off one customer through Uber that night and was logged into the app to find more fares.
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