The family of a young girl who was killed on New Year’s Eve after being struck by an Uber driver in San Francisco, California, filed a wrongful-death lawsuit last week against the company and the driver. The suit, filed in San Francisco Superior Court, argues that the use of the service’s online app violates California’s distracted-driving laws and poses a threat to pedestrians and other drivers.

Syed Muzzafar, 57, of Union City was operating a Honda sport utility vehicle when he hit and killed 6-year-old Sofia Liu while she was crossing the street with her mother, Huan Kuang, and brother, 5-year-old Anthony Liu. Her mother was also injured and was in the hospital for several weeks where she received reconstructive surgery on her eye. Despite the procedure, Kuang may never regain full use of her eye.

The tragic accident occurred at 8 p.m. at the Polk Street crosswalk near the Civic Center. According to the San Francisco police, Muzzafar was initially arrested on “suspicion of vehicular manslaughter with gross negligence and failure to yield to pedestrians in a crosswalk”. He was released from jail on bail and has yet to be charged.