SAN FRANCISCO (KCBS)— Following the filing of criminal charges on Monday of a former Uber driver in the death of a six-year-old girl in San Francisco last New Year’s Eve, the victim’s mother and her attorney are saying the company must be held responsible.

Christoper Dolan, the attorney for the family of the victim, Sofia Liu, says the district attorney stepped up to the plate by charging 57-year-old Syed Muzaffar with misdemeanor vehicular manslaughter.

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“In sending a clear message to these other drivers that if you are using these applications in the way that Uber wants you to and you harm or kill someone, you will be held criminally liable,” Dolan said.

Huan Kuang, Sofia’s mother, spoke out on Tuesday.

“The system’s so bad. The driver had to be driving and at the same time had to be looking at his phone,” said the girl’s mother.

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Dolan and Kuang said the constant monitoring of the app required by Uber drivers is inherently dangerous and against state laws, which is the basis of a civil suit against the company.

Kuang said the ordeal has broken her family and if the driver had been paying attention her daughter would still be alive.

“She was a happy girl, you know?” Kuang said.

Muzaffar is due in court Wednesday.

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Meanwhile, Uber has said the accident didn’t involve a vehicle or trip on the Uber system and has not responded to KCBS requests for comment on the charges being filed.