Back-Up Driver of Autonomous Vehicle Charged With Negligent Homicide of Pedestrian

The broader safety implications of the death of Elaine Hertzberg after being struck by an Uber autonomous vehicle in Tempe is still being litigated. Last week, the back-up driver of the vehicle was charged with negligent homicide.

1 minute read

September 21, 2020, 6:00 AM PDT

By James Brasuell @CasualBrasuell


"The driver behind the wheel of an autonomous Uber car that fatally struck an Arizona woman has been charged with negligent homicide," reports Laurel Wamsley. 

Rafaela Vasquez has pleaded not guilty to the crime of killing Elaine Herzberg in March 2018. The charges follow the results of an investigation by the National Transportation Safety Board, released last year, which "found that the probable cause of the crash was 'the failure of the vehicle operator to monitor the driving environment and the operation of the automated driving system because she was visually distracted throughout the trip by her personal cell phone,'" explains Wamsley.

According to a separate article by Kea Wilson, the indictment "is receiving poor reviews from street safety advocates because of its limited scope."

"Experts fear that by only holding the person behind the wheel accountable — rather than the employer who paid her to drive the car, the automaker who designed the dangerous vehicle, and the road designer who built the dangerous street where the crash occurred — justice won’t really be done," writes Wilson.

Planetizen correspondent Irvin Dawid wrote on the role of Uber and its Volvo autonomous vehicle technology in the fatal crash in March 2018.

Friday, September 18, 2020 in NPR

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

Bike Parking Utrecht Centraal Station

Supporting Cycling Takes More Than Just Bike Lanes

Safe, protected bike lanes are a key part of a city’s bike infrastructure — but secure parking, e-bike charging, and other amenities can also influence people’s shift to cycling.

7 hours ago - Cities Today

A blue and white Sound Transit heavy rail commuter trail with downtown Seattle skyline in background.

Judge Blocks Anti-DEI Rules for Transportation, Housing Grants

A second injunction blocks the Trump administration from enforcing new regulations for federal funding.

June 11 - The Seattle Times

San Jose, California city hall with glass dome in front of modern multistory building.

Unhoused People in San Jose Could Face Arrest if They Refuse Shelter

A policy proposed by the city’s mayor would give law enforcement the option to arrest homeless residents if they refuse three offers of housing.

June 11 - Associated Press