Waterloo Region Record

Fatal accident focuses on woman’s actions

- MOLLY KISSLER, ALAN LEVIN AND RYAN BEENE

Police say a video from the Uber self-driving car that struck and killed a woman Sunday shows her moving in front of it suddenly, a factor that investigat­ors are likely to focus on as they assess the performanc­e of the technology in the first pedestrian fatality involving an autonomous vehicle.

The Uber had a forward-facing video recorder, which showed the woman was walking a bike at about 10 p.m. and moved into traffic from a dark centre median. “It’s very clear it would have been difficult to avoid this collision in any kind of mode,” Sylvia Moir, police chief in Tempe, Ariz., told the San Francisco Chronicle.

“The driver said it was like a flash, the person walked out in front of them,” Moir said, referring to the backup driver who was behind the wheel but not operating the vehicle. “His first alert to the collision was the sound of the collision.”

The chief’s account raises new questions in the investigat­ion that holds importance to the future of the burgeoning autonomous vehicle industry. Uber Technologi­es halted autonomous vehicle tests in the wake of the accident.

It’s too soon to draw any conclusion­s from the preliminar­y informatio­n that has emerged, said Brian Walker Smith, a law professor at the University of South Carolina who has studied autonomous vehicle liability.

“It’s possible that Uber’s automated driving system did not detect the pedestrian, did not classify her as a pedestrian, or did not predict her departure from the median,” Smith said in an email. “I don’t know whether these steps occurred too late to prevent or lessen the collision or whether they never occurred at all, but the lack of braking or swerving whatsoever is alarming and suggests that the system never anticipate­d the collision.”

Police later said in a statement that the department would defer to county prosecutor­s on whether to bring charges, but didn’t dispute any of the informatio­n released by Moir.

In a news conference Monday, Tempe Police Sgt. Roland Elcock said local authoritie­s had not come to any conclusion­s about who is at fault. Decisions on any possible charges will be made by the Maricopa County Attorney’s office. Neither the victim nor the backup driver showed any signs of impairment.

The victim, Elaine Herzberg, 49, was walking her bike outside of the crosswalk. The car was most likely going about 38 miles (61 kilometres) per hour, Moir said. Nearby signs show the speed limit was either 35 or 40 m.p.h., though the 40 m.p.h. sign was closest to the accident site.

The department expected to give a further update later Tuesday but has no plans to release video footage while the investigat­ion is underway.

Sensors on self-driving cars — which may include laser-based technology, radar and video — are designed to sense pedestrian­s and other obstructio­ns even in the dark.

The National Transporta­tion Safety Board is opening an investigat­ion into the death and is sending a team of four investigat­ors to Tempe, about 15 km east of Phoenix. The Department of Transporta­tion’s National Highway Traffic Safety Administra­tion dispatched a special crash investigat­ion team.

The NTSB opens relatively few highway accident probes each year, but has been closely following incidents involving autonomous or partially autonomous vehicles. Last year, it partially faulted Tesla Inc.’s Autopilot system for a fatal crash in Florida in 2016.

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