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It depends on the details of the case. (IANAL either.)

Criminal law applies to criminal acts. It's possible for do something wrong that "injures" someone (physically or in some other way) without committing a crime.

Criminality generally requires wrongful intent. If you simply screwed up while otherwise obeying the law then you haven't committed a crime (negligence can be a crime, e.g. if you are more careless than a "reasonable man" would be this is in itself a form of bad intent -- so swinging swords around in public places while blind-folded isn't OK).

Also, tort law has a different standard of proof -- it is resolved based on preponderance of evidence rather than proof beyond reasonable doubt, so there's a lower bar than for throwing someone in jail.

Oh, and it's harder to prove criminal charges against nebulous entities. (Who's the criminal in this case? Uber's CEO? The head of the software team? The person who gave uber a permit to test their crap on public streets?)

Uber's overall conduct might approach the point of "criminal enterprise" at which point RICO statutes might be invoked. Not likely though.




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