A 39-year-old Houston woman – Misty Holley is dead after the Uber she was riding in (a Mitsubishi Lancer) broke down on the Southwest Freeway close to Newcastle.
You can read the full story on ABC13.com
Should the driver be held liable?
I know I will get some hate, but ya’ll need to hear this:
The simple answer is yes and drivers are named in lawsuits all the time for causing accidents here in Harris County. Uber of course will be named since the lawyers know we likely do not have any money in our name.
While the truck driver failed to stop, (and will likely be named in a lawsuit) it is likely that an investigation will determine if that particular driver knew of any mechanical defects that needed to be addressed. If it is determined that this breakdown occurred because the driver failed to do a repair he knew about, or even something preventative like regular oil changes, Uber’s insurance, and the truck driver’s insurance will likely use that to blame the driver. It is hard to determine exactly what can happen in this particular case, but a civil lawsuit is likely being drawn up now. God forbid if that driver blatantly drove knowing a major breakdown was likely. I am not a lawyer, so of course, none of this should be taken as legal advice.
If you are one of those drivers that “needs to drive tonight to make money for repairs”, or “I need money for new tires”. you should not be driving passengers around.
Uber is just as much responsible for this death in my opinion. Why? Because they never tell us “make sure you put enough money aside for repairs, etc.” Yes, we are independent contractors, but we are also average everyday people that just want to “generate some extra income”. Yes, most drivers think they are “hustling and have a business mindset”, but the truth of the matter is, very few of us drivers truly understand how to operate a business, myself included. Running a business means you are putting away x amount of money for surprise mechanical issues, new brakes, new tires (used tires don’t count), etc.
I really do hope that Misty Holley’s family is grieving because the Mitsubishi Lancer decided to give up without warning and not because of something that was 100% preventable.
What do you think? Should the driver be held liable? Leave your comments below!