Uber should present itself differently, then, to users and should clearly warn them that they may be subject to capricious and potentially negligent actions by those with whom it contracts to drive. I suspect that the average user doesn’t make a distinction between Uber and driver, and possibly assume that drivers are trained to act in a safe manner.

When you hail a regular taxi from Mike's Yellow Taxi, do you think you are subject to the "capricious and potentially negligent actions" of that driver, without being given a waiver to sign?

Do you assume they have any additional training beyond a "for hire" license, and do you expect that Mike's Yellow Taxi has trained them to act in a safe manner?

> I suspect that the average user doesn’t make a distinction between Uber and driver, and possibly assume that drivers are trained to act in a safe manner.

Are you for real?