Scrutiny Turns Toward Uber After First Pedestrian Death by Autonomous Vehicle

It's not just the autonomous vehicle technology, but also the company that operated the self-driving SUV receiving scrutiny after the death of Elaine Herzberg in Tempe, Az. on March 18.

4 minute read

March 31, 2018, 5:00 AM PDT

By Irvin Dawid


Uber Self-Driving Car

Foo Conner / Flickr

The details of the death of 49-year-old Elaine Herzberg, who was walking her bike across North Mill Ave when she was struck by an Uber SUV operating in autonomous mode with a backup driver, are under investigation by the National Transportation Safety Board.

Initially, the Tempe police chief, after viewing the videos, suggested the crash may have been unavoidable, be it from human or self-driving vehicle. After the two videos were made available to the public, scrutiny was directed at autonomous vehicle (AV) technology, with some experts claiming that fully autonomous vehicles were not ready to be operated on public streets. A pedestrian fatality was "inevitable," and the public was being treated like "guinea pigs," some charged.

Now Carolyn Said, who writes on autonomous vehicles for the San Francisco Chronicle, and other journalists have turned their attention to the company, not only its AV technology but also the "company’s procedures and corporate culture," distinguishing Uber from other developers of autonomous vehicles.

"Uber’s haste has already cost it hundreds of millions of dollars in research spending and legal fees and settlements, writes Said on March 23. "Now some ask if it has cost a human life."

“Uber has major explaining to do” about how its system failed so catastrophically, said Michael Ramsey, research director at analysis firm Gartner. Neither Uber’s technology nor its backup driver seemed ready for the open road, experts said.

Herzberg's presence should have been captured by the Volvo's lidar, a laser form of radar, and other sensory equipment.

“This was one of the simplest possible scenarios an autonomous vehicle could be in,” said Sam Abuelsamid, senior analyst at Navigant Research in Detroit. “There was no other traffic, no obstructions, no bad weather and the woman was in the middle of the roadway. There were no extenuating circumstances. She should have been very clearly visible to the sensors on this vehicle.”

In other words, it was exactly the kind of situation in which autonomous cars with their sensors are supposed to outperform humans.

"Marta Thoma Hall, president of Velodyne LiDAR Inc., maker of the special laser radar that helps an autonomous car 'see' its surroundings, said the company doesn’t believe its technology failed," reports Ken Naughton for Bloomberg News [may require free registration].

“We are as baffled as anyone else,” Thoma Hall wrote in an email. “Certainly, our Lidar is capable of clearly imaging Elaine and her bicycle in this situation. However, our Lidar doesn’t make the decision to put on the brakes or get out of her way.”

Said of the Chronicle explains:

There are several ways the [automated driving] system could have gone wrong — but all reflect poorly on Uber. The sensing systems (lidar, radar and cameras) could have failed to detect Herzberg. The classification systems could have thought she was an inanimate object (although the question remains: Why not stop?). The actuation system that controls braking and steering could have not received a message to slow or swerve.

Said delves further into the technology, and also the inattentiveness of Rafaela Vasquez, the 44-year-old backup driver behind the wheel, who was shown in the inward-facing dashcam video looking downwards the entire time before the crash. It has even been speculated that an attentive driver would have seen Ms. Herzberg and evaded the crash, according to forensic crash analysts who reviewed the video.

Uber's self-driving division was struggling even before the Tempe pedestrian crash, according to Daisuke Wakabayashi ofThe New York Times. "Uber’s human drivers had to intervene far more frequently than the drivers of competing autonomous car projects," he writes on March 23.

Waymo, formerly the self-driving car project of Google, said that in tests on roads in California last year, its cars went an average of nearly 5,600 miles before the driver had to take control from the computer to steer out of trouble. As of March, Uber was struggling to meet its target of 13 miles per “intervention” in Arizona [according to documents obtained by The New York Times.]

Unlike California, which requires self-driving car companies to report intervention numbers, "Arizona does not have reporting requirements," writes Wakabayashi, calling it a "regulatory vacuum."

That might be starting to change though, due to Herzberg's death. Gov. Doug Ducey (R) of Arizona ordered a suspension of Uber's autonomous vehicle testing effective March 26, reports Wakabayashi, calling it "a reversal from what has been an open-arms policy by the state, heralding its lack of regulation as an asset to lure autonomous vehicle testing — and tech jobs."

Uber had already suspended self-driving testing in Arizona, San Francisco, Pittsburgh and Toronto following Ms. Herzberg's death.

Friday, March 23, 2018 in San Francisco Chronicle

portrait of professional woman

I love the variety of courses, many practical, and all richly illustrated. They have inspired many ideas that I've applied in practice, and in my own teaching. Mary G., Urban Planner

I love the variety of courses, many practical, and all richly illustrated. They have inspired many ideas that I've applied in practice, and in my own teaching.

Mary G., Urban Planner

Cover CM Credits, Earn Certificates, Push Your Career Forward

Logo for Planetizen Federal Action Tracker with black and white image of U.S. Capitol with water ripple overlay.

Planetizen Federal Action Tracker

A weekly monitor of how Trump’s orders and actions are impacting planners and planning in America.

June 11, 2025 - Diana Ionescu

Metrorail train pulling into newly opened subterranean station in Washington, D.C. with crowd on platform taking photos.

Congressman Proposes Bill to Rename DC Metro “Trump Train”

The Make Autorail Great Again Act would withhold federal funding to the system until the Washington Metropolitan Area Transit Authority (WMATA), rebrands as the Washington Metropolitan Authority for Greater Access (WMAGA).

June 2, 2025 - The Hill

Large crowd on street in San Francisco, California during Oktoberfest festival.

The Simple Legislative Tool Transforming Vacant Downtowns

In California, Michigan and Georgia, an easy win is bringing dollars — and delight — back to city centers.

June 2, 2025 - Robbie Silver

Color-coded map of labor & delivery departments and losses in United States.

The States Losing Rural Delivery Rooms at an Alarming Pace

In some states, as few as 9% of rural hospitals still deliver babies. As a result, rising pre-term births, no adequate pre-term care and "harrowing" close calls are a growing reality.

June 15 - Maine Morning Star

Street scene in Kathmandu, Nepal with yellow minibuses and other traffic.

The Small South Asian Republic Going all in on EVs

Thanks to one simple policy change less than five years ago, 65% of new cars in this Himalayan country are now electric.

June 15 - Fast Company

Bike lane in Washington D.C. protected by low concrete barriers.

DC Backpedals on Bike Lane Protection, Swaps Barriers for Paint

Citing aesthetic concerns, the city is removing the concrete barriers and flexposts that once separated Arizona Avenue cyclists from motor vehicles.

June 15 - The Washington Post