Skip to main content

Uber AV driver charged with 'negligent homicide'

Rafael Vasquez pleads not guilty in collision which killed pedestrian Elaine Herzberg
By Adam Hill September 17, 2020 Read time: 2 mins
Emergency braking system in Volvo had been disabled in fatal Tempe collision (© Andreistanescu | Dreamstime.com)

The safety driver who was in an Uber autonomous vehicle (AV) which killed a pedestrian in Arizona in 2018 has been charged with negligent homicide.

Pedestrian Elaine Herzberg was knocked down while crossing the road in Tempe, Arizona.

The Maricopa County Grand Jury in Arizona has charged Rafael Vasquez with one count of negligent homicide for the death.

Vasquez has pleaded not guilty. 

“Distracted driving is an issue of great importance in our community,” said county attourney Allister Adel. 

“When a driver gets behind the wheel of a car, they have a responsibility to control and operate that vehicle safely and in a law-abiding manner.”

An initial pre-trial conference has been set for 27 October.

Following the fatal incident, a report from the National Transportation Safety Board (NTSB) found that the emergency braking function of the Volvo XC90 had been disabled at the time.

It said the car was “operating with a self-driving system in computer control mode” when it struck Herzberg, who was pushing a bicycle across the road. 

According to the NTSB report, Uber said “emergency braking manoeuvres are not enabled while the vehicle is under computer control, to reduce the potential for erratic vehicle behaviour”.

This means that the driver is relied upon to take appropriate action on the road – however, the system “is not designed to alert the operator”.

Investigators found that the car’s self-driving system registered the pedestrian about six seconds before impact, when the vehicle was travelling at 43mph. 

The system’s software classified the pedestrian “as an unknown object, as a vehicle, and then as a bicycle with varying expectations of future travel path”. 

At 1.3 seconds before impact, “the self-driving system determined that an emergency braking manoeuvre was needed to mitigate a collision”.

Following the death, Uber suspended AV testing and reviewed Uber Advanced Technologies Group’s safety approaches, system development and culture.

It said it had equipped all self-driving vehicles with a third-party driver monitoring system and improved system latency to detect objects and actors sooner and react faster.

For more information on companies in this article

Related Content

  • Motional VR environments aid AV research 
    December 15, 2021
    VR environments include parked cars, swaying trees and birds chirping
  • City Safety reduces low speed accidents on Volvo’s XC60 and S60
    May 29, 2013
    It was four years ago that Volvo introduced its City Safety collision avoidance system which is designed to reduce the number and severity of low-speed accidents to the US market. However, a study in America by the Highway Loss Data Institute (HLDI) has shown that the results may not be as good as initially indicated by an earlier report. According to Volvo, statistics show that 75% of reported collisions occur at speeds of up to 30km/h (18.6mph) typically in urban traffic and in slow-moving traffic queues
  • Transport data service goes Dutch
    January 28, 2021
    New national platform will enable authorities in Netherlands to improve traffic flow
  • Rapidly-changing mobility environment is challenging policymakers, says UK DfT
    January 25, 2019
    Policy makers are working hard to make sense of a rapidly-changing mobility environment, according to a senior official from the UK’s Department for Transport (DfT). Ella Taylor, DfT’s head, future of mobility, Centre for Connected and Autonomous Vehicles (C/AV), says the pace of development in transportation modes, such as e-scooters (not currently allowed in the UK) and e-bikes (which are), presents difficulties for governments trying to create standards and laws. “Across the globe, different modes