Uber Test Driver Who Killed Pedestrian Dodges Negligent Manslaughter Charge, Gets Three Years Of Probation

Photo: Santiago Mejia (AP)

In March 2018, one of Uber’s autonomous prototypes hit a pedestrian crossing the street. The victim, Elaine Herzberg, was taken to the hospital and later died from her injuries. It was later revealed that Rafaela Vasquez, the safety operator, was looking at her phone leading up to the fatal crash. At the time there were questions about whether Vasquez or Uber would be held responsible for Herzberg’s death, but five years later, the court has pinned the blame on Vasquez.

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CNN reports that Vasquez pleaded guilty to endangerment on Friday, after initially being charged with negligent homicide back in 2020. She was sentenced to three years of supervised probation and will only have a misdemeanor on her record after she completes her sentence. Vasquez will also have to pay restitution to the victims, which includes the insurance companies.

“The defendant in this matter was responsible for the operation of a vehicle on our city streets that ended with a woman being killed,” Maricopa County Attorney Rachel Mitchell said in a statement. “Determining an appropriate plea in this case involved considering a multitude of factors. We believe the Judge ordered an appropriate sentence based on the mitigating and aggravating factors.” Mitchell also added, “Getting behind the wheel of a car is a serious responsibility. Regardless of whatever technology might be available to drivers, safety for everyone on the street and in the vehicle must always be a driver’s first priority.”

Uber settled with Herzberg’s family soon after her death and did not face any criminal charges. It later came out that Uber had removed a “key fail-safe” that likely could have prevented her death because it braked too frequently, and the company was under pressure to keep up with rival Waymo. You know, because making it look like you’re making progress is so much more important than actually making progress.