Uber Halts Testing of Self-Driving Cars after a Woman is Struck and Killed in Tempe

A fatal car crash involving an autonomous vehicle occurred yesterday in Tempe, when 49-year-old Elaine Herzberg was struck and killed in Tempe, AZ. The investigation is still underway, but this is what the news is currently reporting:

• The car was traveling at a speed of 38 to 40 mph on a 35 mph stretch of road.
• There are no signs that the car slowed down at all before hitting Ms. Herzberg.
• There was a driver behind the wheel of the car at the time of the collision.
• This is believed to be the first fatal car crash involving a self-driving car.

Uber, which has been testing cars in Pittsburgh, Toronto, San Francisco and Phoenix, has suspended testing in all cities, in the wake of the accident.

Why did the collision occur?

Self-driving cars are equipped with sensors which scan in all directions at all times. Software in the cars use algorithms to interpret data – maps, construction, placement of other cars, weather, etc. – and make decisions about the cars’ behaviors.

In this case, the victim appeared to enter the roadway outside of a crosswalk, but the car was unable to anticipate and adjust to the action – and neither was the backup driver.

As of this writing, the Chief of Police in Tempe believes that the victim “abruptly walked from a center median into a lane of traffic,” and that “From viewing the videos, ‘it’s very clear it would have been difficult to avoid this collision in any kind of mode (autonomous or human-driven) based on how she came from the shadows right into the roadway.’” He went on to say that he does not think Uber is likely to be held liable for the crash.

But that does not mean the back-up driver won’t have files charges against him, instead. And if Uber does face charges, it will open an entirely new can of worms.

The RAND Report: policy and liability issues

The RAND Corporation issued a report in 2016 “intended as a guide for state and federal policymakers on the many issues that this technology raises,” which outlines key findings. While overall, researchers believe autonomous vehicles will be beneficial because they will reduce the instances of driver error, the report itself lists three major policy implications:

Manufacturer liability is likely to increase while personal liability is likely to decrease. If a vehicle and a human share driving responsibility, the insurance issues could become more complicated. A variety of solutions exist if this poses a problem.

Inconsistent state regulation poses a risk — if 50 states have 50 different regulations, it would be difficult for manufacturers to match them all; likewise, vehicle owners might not be able to travel outside their state of residence.

Because many of the benefits of autonomous vehicle technology accrue to those other than the purchaser, subsidies or taxes may be necessary in order to maximize social welfare by equalizing the public and private costs and benefits.

One of the reasons Arizona was chosen for Uber’s test driving of autonomous vehicles was its weather; another was its lenient approach to regulations. Federal legislators have followed suit. As the New York Times explains, “A Senate bill, if passed, would free autonomous-car makers from some existing safety standards and pre-empt states from creating their own safety laws. Similar legislation has been passed in the House. The Senate version has passed a committed vote but hasn’t reached a full floor vote.”

When the report was issued, RAND believed that “aggressive policymaker intervention” was, at that moment, unnecessary. This far, legislators at all levels seem to agree.

However, given what happened in Tempe last night, it is safe to say that stricter regulations are required, and real policies must be discussed and passed before anyone else gets hurt.

Plattner Verderame, P.A. has protected the rights of car crash victims in Arizona for years. You can trust us to offer competent, practical guidance designed with your best interests in mind. To speak with one of our Phoenix car crash lawyers, please call 602-266-2002 or fill out our contact form.