OSU student’s paralysis raises questions for Uber customers
A horrific auto accident that resulted in paralyzing injuries to an Oklahoma State University student is raising concerns about how the Uber ride sharing service vets its drivers and who bears financial responsibility when things go wrong.
“I remember the accident. I remember being upside down and I remember that I couldn’t move anything. I could just blink and talk,” said Sarah Milburn, 25, who is quadriplegic and paralyzed from the midchest down as a result of the crash.
Milburn said she was just weeks away from getting her OSU college degree and was at home on break in Dallas in November 2015 when she and some friends decided to go out on the town.
Wanting to do the responsible thing, Milburn said one of her friends took out a cellphone and called Uber after a decision was made to travel to a different bar.
When the Uber driver arrived, Sarah and her friends piled into the 2011 Honda Odyssey minivan.
A short drive later, the minivan driver crashed into a Ford F150 at a Dallas intersection.
The Uber driver ran a red light and may have been speeding, according to the Dallas Police Department’s accident report. The driver of the other vehicle initially fled on foot, but was soon detained.
Milburn said when she and her friends called Uber, they thought they were pursuing a safe, responsible alternative. She said things she has learned since the accident now cause her to question that judgment.
In a lawsuit filed Dec. 29 in Dallas County District Court, Milburn says Uber promotes itself as providing a “safe ride” and once claimed to have “industry leading” background checks.
However, she alleges that she discovered after the accident that her Uber driver, Arian Yusufzai, was operating a minivan owned by another man, Dawood Kohistani, who had failed to maintain state-mandated insurance on the vehicle.
Milburn also alleges that both the driver, Arian Yusufzai, and minivan owner, Dawood Kohistani, had criminal backgrounds.
“Yusufzai had a criminal background from running a gambling den and possessing (and possibly distributing) the illegal drug K2,” the lawsuit states. “A criminal background search would turn this up ... Uber knew or should have known that Yusufzai was driving a car owned by Dawood Kohistani who was arrested and convicted of committing crimes with Yusufzai.”
“That’s not very safe and I think people should know that,” Milburn told
The Oklahoman. “They don’t know that they could be getting in a car with someone who has no car insurance” and may also have a criminal record.
Kayla Whaling, spokeswoman for Uber, said Milburn has her company’s sympathy.
“What Sarah Milburn has been through is heartbreaking and something words cannot address. While we can’t comment specifically on pending litigation, our hopes and prayers are with Sarah and her family,” Whaling said. Whaling directed The
Oklahoman to a news release that says since 2013, Uber has been operating with a commercial insurance policy that provides $1 million of liability coverage and $1 million of uninsured/ underinsured motorist bodily injury coverage per incident.
What role that insurance policy will play in the lawsuit is yet to be determined. In Uber’s answer to the lawsuit, Uber attorneys described the driver as an “independent contractor” and said Uber was “not responsible at law for Arian Yusufzai’s alleged acts and/or omissions.”
Brent Walker, one of Milburn’s attorneys, said even a $1 million policy would not begin to cover Milburn’s medical bills and the lifelong assistance she will need.
“We think that Uber has not accepted responsibility and we intend to make them accept responsibility and hopefully get them to make a change so that going forward, hopefully this doesn’t happen to anyone else,” Walker said. “When you get into the car, what you think that you are getting when you push a button for Uber is not actually what you are getting. You’re not getting a driver who works for Uber and has been screened by Uber and has had Uber certify you as a quality driver who will drive in a safe manner. That’s not what you’re getting when you call Uber. I think most people would be surprised to find that out.”
Milburn’s lawsuit names American Honda Motor Co. as a defendant, along with Uber, the driver, car owner and other entities. Sarah was wearing a seat belt and sitting in the third row middle seat at the time of the accident.
Ironically, Milburn said she was the only Honda Odyssey passenger wearing a seat belt when the accident occurred and the only one who suffered serious injuries. Her attorneys contend the Honda Odyssey was “not crashworthy” and that the seat belt “was not designed safely or malfunctioned.”
Honda has denied Milburn’s allegations, contending the “2011 Honda Odyssey complied with or exceeded all applicable Federal Motor Vehicle Safety Standards.”
The driver and minivan owner also have denied responsibility for the accident, claiming blame should be placed on the Ford F150 truck driver.
For Milburn, life goes on, with most victories coming in small measures these days.
Milburn said she spent three months in a rehabilitation hospital learning how to sit up straight, brush her teeth, feed herself and perform other basic tasks.
It took almost eight months to learn how to roll over in bed, and dressing herself remains a challenge because of a lack of hand control, she said.
“I learned how to put my contacts in,” she said. “That’s been pretty cool.”
Milburn said she lives with parents, who have remodeled their house and acquired special equipment to accommodate her disability.
While struggling to do many things most people take for granted, Milburn is determined to push the boundaries of her limitations.
She has gone water skiing with specialized equipment, walked in place with a robotic-like machine and attended OSU football games.
Doing therapy three times a day leaves her pretty exhausted, but Milburn said she plans to return to college one day to finish her degree.
One of her goals is to become a mentor who can help give hope to people who have been recently injured, she said.
“I don’t know what my future holds, but I know it’s different than what I expected,” Milburn said. “That’s OK. It’s just a different path.”