Uber won’t face criminal charges over fatal self-driving car crash

Uber will not face criminal charges for an incident last year in which a woman was killed by one of its self-driving cars.

Elaine Herzberg, 49, stepped out in front of a self-driving Volvo XC90 in Tempe, Arizona, and neither the car nor its human safety driver reacted in time to prevent a collision. Herzberg was taken to hospital where she died of her injuries.

Her death is believed to be the first pedestrian fatality directly attributable to a self-driving vehicle.

Although Tempe is in Maricopa County, the case was handled by the Attorney’s office of neighbouring Yavapai County. The authorities in Maricopa had worked with Uber on an anti-drink driving campaign in 2016 and there were concerns there could have been a conflict of interest.

Sheila Sullivan Polk, Yavapai County Attorney, wrote in a letter to Maricopa County Attorney Bill Montgomery: “After a very thorough review of all the evidence presented, this Office has determined that there is no basis for criminal liability for the Uber corporation arising from this matter.”

Following the incident, Arizona suspended Uber’s licence to test self-driving cars in the state. The company ceased its autonomous car operations in Arizona soon after, though it continues to test in Pennsylvania.

Uber’s case will now head back to Maricopa County, where it will be decided whether charges are to be brought against the car’s safety driver, Rafaela Vasquez.

An in-car camera appeared to show her taking her eyes off the road moments before the impact. And records from the streaming service Hulu suggest she may have been watching a TV show on her phone, police have said.

The Yavapai County Attorney’s office has recommended expert analysis of the video, and suggested that the Tempe police department collect further evidence on what Vasquez “would or should have seen that night given the vehicle’s speed, lighting conditions and other relevant safety factors”.

Uber has not commented on the ruling.