A year after the first pedestrian was killed in a collision with an autonomous vehicle, an Arizona county attorney has determined that the company operating and testing the vehicle in autonomous mode is not criminally liable.
In March 2018, an autonomous testing vehicle operated by Uber
Technologies struck a woman in Tempe, Arizona, as she was walking
her bicycle across the street. The vehicle was operated by a
self-driving system in computer control mode with a safety driver
behind the wheel.
Although Tempe is located in Maricopa County, the case was referred
to Yavapai County to avoid any potential conflict of interest after
Maricopa County announced that it had previously participated with
Uber in a public safety campaign. In a March 4, 2019 letter,
Yavapai County Attorney Sheila Sullivan Polk wrote: "After a
very thorough review of all evidence presented, this office has
determined that there is no basis for criminal liability for the
Uber corporation arising from this matter." The office did not
provide any further explanation of the reasons for its
decision.
The safety driver inside the vehicle at the time of the collision
could still face further investigation. Last June, the Tempe Police
Department released a report stating that the driver was streaming
the television show "The Voice" on her phone in the
minutes leading up to the crash. Dashcam video footage also shows
the driver looking downward in the seconds before the crash. The
Yavapai County Attorney recommended an expert analysis of all of
the video "to closely match what (and when) the person sitting
in the driver's seat of the vehicle would or should have seen
that night given the vehicle's speed, lighting conditions, and
other relevant factors."
Aside from being one of the first cases of its kind to grapple with
the potential liability of autonomous vehicle manufacturers and
operators in the event of a crash, the Arizona case can also
provide additional guidance for manufacturers and operators as they
develop the systems and technology to help ensure the safety of
passengers and pedestrians, including on issues such as the role of
safety drivers in testing phases, balancing performance and safety,
and what agreements, indemnification, or releases should be
considered for drivers or passengers.
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