Facts
Sam was going out with friends to a comedy club and knew he would be drinking. Since he did not have a designated driver, he arranged to get a ride through a rideshare service that does not require minimum insurance coverage for passengers. In the state he lives, it is illegal to operate a rideshare/passenger-for-hire service without a motor carrier license. Because the rideshare service Sam is using believes it is a technology company and not a transportation company, it operates illegally by not having a motor carrier license. On the way to the comedy club, the driver is using his phone to arrange the next passenger, and runs a red light. The car is hit in the passenger side, and Sam suffers significant injuries. His medicals bills were higher than the driver’s liability insurance would cover. In addition, the driver’s insurance is refusing to pay because the driver was using his car in violation of the state law. Because the driver’s insurance will not cover his damages, Sam must bring a civil suit against the driver.
Rule of Law
Sam brings an action for negligence. The elements are duty, breach of duty, proximate cause, and damages.
Assignment
The researcher’s assignment is to determine if the actions of the driver constitute negligence. Discuss the assignment from the perspective of individual key facts.