accused of hitting and killing sophia lu in a crosswalk with her mother last new year's eve. he was in between uber fares at the time. he's been charged with misdemeanor vehicular manslaughter. the family thinks the company should share the blame. >> she's a happy girl, now it ruin our family. the company, very, very bad. the system so bad, driver, at the same time looking at the phone. >> uber says it should not be held liable because the driver wasn't carrying a passenger at the time of the crash. >> very sad. >>> fallout from the cia's torture report continues this morning. coming up, what the report has revealed about the capture of osama bin laden. >> california's one step closer to passing a bill that would take water from the bay area, ship it south. details ahead. >> announcer: you're watching "today in the bay." >> welcome back. >>. falling gas prices may continue to drop next year. the energy department says the national average could be $2.60 a gallon next year, the lowest full year average in five years. the drop is due to a fall in crude oil prices. the second ti

now, police say mousafar was driving new year's eve when he hit and killed sophia lu. she was in a crosswalk with her mother and little brother. police say he did not yield to them hitting all three. lu's mother and brother survived. >>> it's called the battle of the bay and it may have lived up to its name this weekend. when the raider-niner game ended a fight spilled out of a bar onto the streets and ended in a shooting. nbc bay area's cheryl hurd live in downtown san jose and what can you tell us about what happened next? >> reporter: well, terry, police are telling me tonight they can't say for certain if that famous rivalry sparked that fight and that shooting. but there's one thing for certain, one business owner i talked to said when these two teams square off again his business will be closed. >> next time the raiders are going to be playing the niners we will not be open. i don't want to jeopardize any of our staff's safety. so it's not worth it. >> he's owned the old wagon saloon in downtown san jose for five years. he knew the battle of the bay would bring i

sophia lu was walking in a san francisco crosswalk with her mother and her brother when she was hit on new year's eve. the driver will be charged with charges of vehicular manslaughter. he was driving for uber. >> she's a happy girl. the company are really, really bad, you know. the system so bad. the driver was driving and at the same time driving on the phone. >> the company has not commented on the latest charges but says they should not be liable because the driver was not carrying a passenger at the time of the accident. >> more bad news for uber. the company is facing heavy backlash from cities all over the world. the city of oregon is suing to stop uber from operating there. overseas courts in thailand, spain and the netherlands ruled that uber stop operating immediately because of unregistered drivers. >> santa clara leaders have approved a living wage of $19.06 an hour that will take effect next july and require every company that does business with the county to pay at least that an hour. >> students at one of the largest high schools in the state staged a walkout today with

accused of hitting and killing sophia lu in a city crosswalk with her mother last new year's eve. he was in between uber fares at the time. >> san francisco suing uber. los angeles suinging uber. >> that's right. scott mcgrew, it's a tough month for uber. >> it has. this coming a few days after accusation in uber driver in india raped his passenger. that driver's father, by the way, tells the times of india his son accused of rape several times in the past. so the lawsuit here in california deals with a number of concerns. the primary being, safety. it quotes uber marketing material, talking about how safe uber is but then compares it with some of the problems that uber passengers have run into. untrue, misleading claims about safety it says. safety at the top of the list. is uber as safe as it claims? the suit questions the meter. uber's gps tells the driver how much to charge the passenger but that meter's not examined by any state or county or city official and then the fees uber has a $4 airport fee, that's not a city fee, it's just a $4 fee. the lawsuit wonders what is that f