Man sues Uber, driver, for crash that cost both his legs

LOS ANGELES, Calif. (FOX 11/CNS) - It was a tragic accident that most people would look at and say, 'that should never have happened.' What most people would not be able to say is who should be held responsible.

A 23-year-old man is suing Uber after he lost both legs in a traffic accident while helping his driver push his vehicle onto a freeway shoulder in Orange County in March.

Brendan Brock's Los Angeles Superior Court lawsuit names as defendants Uber Technolgies Inc., Uber driver Gregory Raymond Lopez, Uber insurance carrier Rasier-CA LLC, Hertz Vehicles LLC and Jonathan Aukusotino Tavita, who was allegedly driving a second vehicle that struck Brock.

The lawsuit filed Monday alleges negligence and negligent infliction of emotional distress. Brock seeks unspecified damages.

He moved back home after the accident where he is rehabilitating and receiving around the clock care from his parents. The law firm hired by Brock is hoping for $25 to 50 million.

The suit states that Brock was a passenger in Lopez's 2016 Jeep Compass at about 1 a.m. March 7 when the vehicle ran out of gasoline on the 5 Freeway. Lopez coasted toward the right shoulder, but the Jeep stopped in one of the freeway lanes, the suit states.

Lopez and Brock got out and began pushing the Jeep onto the right shoulder when Tavita lost control of his vehicle and hit Brock, the suit states.

"Both of plaintiff's legs required amputation due to the severity of the crushing injuries,'' according to his lawsuit.

The suit alleges Lopez was unfit to operate the Jeep and that this was a substantial factor in causing Brock's injuries. Lopez put Brock in a situation in which he was "in a position to be hit by a car,'' the suit alleges.

Uber would not comment on the suit at this time, but in the past the ride-sharing company has said they are not responsible for their drivers beyond the $1 million insurance policy they provide, considering the drivers independent contractors and not employees.