Facts: Sam was going out with Friends to a Comedy Club and he would be drinking. Since he did not have a designated driver, he arranges to get a ride though a ride share service that does not require minimum insurance coverage for passengers. In the state he lives, it is legal to operate a rideshare/ passenger-for-hire Service without 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. This car is hit in the passenger side, and Sam suffers significant injuries. His medicals 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.

Please determine if actions of the driver Discuss the assignment from perspective of individual key facts.