Except the distinction also applies in tort law, which you apparently missed.

I'm not arguing in defense of Uber, but to point out how ridiculous this legal jackpot is in the face of established law. Modern society seems to have thrown out any semblance of justice, fairness, and consistency in favor of who's got the best sob story or has the right skin color/ethnic group/income level/ political connections for that particular venue.

A woman died, and your description of that is "a legal jackpot"?