Death of Elaine Herzberg: Difference between revisions

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The '''death of Elaine Herzberg''' (August 2, 1968 – March 18, 2018) was the first recorded case of a pedestrian fatality involving a [[self-driving car]], after a collision that occurred late in the evening of March 18, 2018. Herzberg was pushing a bicycle across a four-lane road in [[Tempe, Arizona]], United States, when she was struck by an [[Uber]] test vehicle, which was operating in self-drive mode with a human safety backup driver sitting in the driving seat. Herzberg was taken to the local hospital where she died of her injuries.<ref name="the_times_20180321">{{cite news|url=https://www.thetimes.co.uk/article/driverless-uber-car-not-to-blame-for-woman-s-death-klkbt7vf0|author=Will Pavia|title=Driverless Uber car 'not to blame' for woman's death|date=March 21, 2018|newspaper=[[The Times]]|access-date=March 22, 2018|archive-date=August 23, 2019|archive-url=https://web.archive.org/web/20190823143731/https://www.thetimes.co.uk/article/driverless-uber-car-not-to-blame-for-woman-s-death-klkbt7vf0|url-status=live}}</ref><ref name="nyt_20180219">{{cite news|url=https://www.nytimes.com/2018/03/19/technology/uber-driverless-fatality.html|title=Self-Driving Uber Car Kills Pedestrian in Arizona, Where Robots Roam|url-access=subscription|last=Wakabayashi|first=Daisuke|date=March 19, 2018|newspaper=The New York Times|access-date=March 22, 2018|archive-date=April 21, 2020|archive-url=https://web.archive.org/web/20200421221918/https://www.nytimes.com/2018/03/19/technology/uber-driverless-fatality.html|url-status=live}}</ref><ref>{{cite news|url=https://www.bbc.co.uk/news/world-us-canada-43497364|title=Video shows moment of fatal Uber crash|date=March 22, 2018|work=BBC News|access-date=July 21, 2018|archive-date=November 30, 2018|archive-url=https://web.archive.org/web/20181130025332/https://www.bbc.co.uk/news/world-us-canada-43497364|url-status=live}}</ref>

 

 

 

 

The Arizona incident has magnified the importance of [[collision avoidance system]]s for self-driving vehicles.<ref>{{cite journal |last=Umar Zakir Abdul |first=Hamid |title=A review on threat assessment, path planning and path tracking strategies for collision avoidance systems of autonomous vehicles |journal=International Journal of Vehicle Autonomous Systems |date=2018 |volume=14 |issue=2 |url=https://www.researchgate.net/publication/328707195 |display-authors=etal |access-date=21 July 2019 |archive-date=March 31, 2021 |archive-url=https://web.archive.org/web/20210331185026/https://www.researchgate.net/publication/328707195_A_review_on_threat_assessment_path_planning_and_path_tracking_strategies_for_collision_avoidance_systems_of_autonomous_vehicles |url-status=live }}</ref>

The county district attorney's office recused itself from the investigation, due to a prior joint partnership with Uber promoting their services as an alternative to driving under the influence of alcohol.<ref name="DA">{{cite news |last1=Garcia |first1=Ureil J. |title=Maricopa County Attorney's Office cites conflict in Tempe Uber death case |url=https://www.azcentral.com/story/news/local/tempe/2018/05/31/maricopa-county-attorney-cites-conflict-tempe-uber-death-case/662072002/ |work=The Republic |date=May 31, 2018 |access-date=June 26, 2018 |archive-date=September 18, 2020 |archive-url=https://wayback.archive-it.org/all/20200918132824/https://www.azcentral.com/story/news/local/tempe/2018/05/31/maricopa-county-attorney-cites-conflict-tempe-uber-death-case/662072002/ |url-status=live }}</ref>

 

 

The [[National Transportation Safety Board]] (NTSB) sent a team of federal investigators to gather data from vehicle instruments, and to examine vehicle condition along with the actions taken by the safety driver.<ref>{{cite press release |url=https://www.ntsb.gov/news/press-releases/Pages/NR20180320.aspx |title=NTSB UPDATE: Uber Crash Investigation |date=March 21, 2018 |publisher=National Transportation Safety Board |access-date=March 27, 2018 |archive-date=August 28, 2019 |archive-url=https://web.archive.org/web/20190828114153/https://www.ntsb.gov/news/press-releases/Pages/NR20180320.aspx |url-status=live }}</ref> Their preliminary findings were substantiated by multiple [[event data recorder]]s and proved the vehicle was traveling {{convert|43|mph|km/h}} when Herzberg was first detected 6 seconds ({{convert|378|ft}}) before impact; during 4.7 seconds the self driving system did not infer that emergency braking was needed.<ref name=NTSB-prelim /> A vehicle traveling {{convert|43|mph|km/h|abbr=on}} can generally stop within {{convert|89|ft|m}} once the brakes are applied.<ref>See calculation method under [[Braking distance]].</ref> The machine needed to be 1.3 seconds ({{convert|82|ft}}) away prior to discerning that emergency braking was required, whereas at least that much distance was required to stop.<ref name="Uber aftermath">{{cite news |last1=Isaac |first1=Mike |last2=Wakabayashi |first2=Daisuke |last3=Conger |first3=Kate |title=After Fatal Accident, Uber's Vision of Self-Driving Cars Begins to Blur. |newspaper=The New York Times |url=https://www.nytimes.com/2018/08/19/technology/uber-self-driving-cars.html |url-access=subscription |access-date=August 25, 2018 |date=August 19, 2018 |page=B1 |language=en-US |issn=0362-4331 |format=print |quote=preliminary findings from federal regulators investigating the crash confirmed what many self-driving car experts suspected: Uber's self-driving car should have detected a pedestrian with enough time to stop, but it failed to do so. |archive-date=August 10, 2019 |archive-url=https://web.archive.org/web/20190810111211/https://www.nytimes.com/2018/08/19/technology/uber-self-driving-cars.html |url-status=live }}</ref> The system failed to behave properly.<ref name=NTSB-prelim /><ref>{{cite news |last1=Krishe |first1=Tom |last2=Billeaud |first2=Jacques |title=Uber driver streaming 'The Voice' just before fatal Arizona crash, report says |url=http://www.chicagotribune.com/business/ct-biz-uber-self-driving-car-crash-20180622-story.html |access-date=July 11, 2018 |agency=[[Associated Press]] |newspaper=[[Chicago Tribune]] |issn=1085-6706 |date=June 22, 2018 |quote="This crash would not have occurred if Vasquez would have been monitoring the vehicle and roadway conditions and was not distracted," the report says. '''A crash report also indicated that the self-driving vehicle was traveling too fast for the road conditions.''' |archive-date=May 7, 2019 |archive-url=https://web.archive.org/web/20190507043943/https://www.chicagotribune.com/business/ct-biz-uber-self-driving-car-crash-20180622-story.html |url-status=live }}</ref><ref name="NY Jur">{{cite book |title=New York Jurisprudence |series=Automobiles and Other Vehicles |number=4A |page=§ 720 |author=Lawyers Cooperative Publishing |location=Miamisburg, OH |publisher=LEXIS Publishing |url=http://legalsolutions.thomsonreuters.com/law-products/Legal-Encyclopedias/New-York-Jurisprudence-2d/p/100029357 |oclc=321177421 |quote=It is negligence as a matter of law to drive a motor vehicle at such a rate of speed that it cannot be stopped in time to avoid an obstruction discernible within the driver's length of vision ahead of him. This rule is known generally as the `assured clear distance ahead' rule * * * In application, the rule constantly changes as the motorist proceeds, and is measured at any moment by the distance between the motorist's vehicle and the limit of his vision ahead, or by the distance between the vehicle and any intermediate discernible static or forward-moving object in the street or highway ahead constituting an obstruction in his path. Such rule requires a motorist in the exercise of due care at all times to see, or to know from having seen, that the road is clear or apparently clear and safe for travel, a sufficient distance ahead to make it apparently safe to advance at the speed employed. |access-date=July 11, 2018 |archive-date=July 4, 2018 |archive-url=https://web.archive.org/web/20180704005826/https://legalsolutions.thomsonreuters.com/law-products/Legal-Encyclopedias/New-York-Jurisprudence-2d/p/100029357 |url-status=live }}</ref><ref name="Leibowitz&Herschel">{{cite journal |last1=Leibowitz |first1=Herschel W. |last2=Owens |first2=D. Alfred |last3=Tyrrell |first3= Richard A. |year=1998 |title=The assured clear distance ahead rule: implications for nighttime traffic safety and the law |journal=Accident Analysis & Prevention |volume=30 |issue=1 |pages=93–99 |doi=10.1016/S0001-4575(97)00067-5 |pmid=9542549 |quote=The assured clear distance ahead (ACDA) rule holds the operator of a motor vehicle responsible to avoid collision with any obstacle that might appear in the vehicle's path.}}</ref><ref name="CDLM">{{cite book |title=Commercial Driver License Manual 2005 |chapter=Section 2 – Driving Safely |url=https://www.fmcsa.dot.gov/registration/commercial-drivers-license/commercial-drivers-license-manual |chapter-url=https://www.fmcsa.dot.gov/sites/fmcsa.dot.gov/files/docs/2005%20CDL%20Driver%20Manual%20-July%202014%20-%20FINAL.pdf |pages=2–15, 2–19, 2–26, 13–1 |date=July 2014 |publisher=United States Department of Transportation |quote=[pg 2-15] ''' ''2.6.4 – Speed and Distance Ahead:'' ''' '''You should always be able to stop within the distance you can see ahead.''' Fog, rain, or other conditions may require that you slowdown to be able to stop in the distance you can see. ... [pg 2-19] ''' ''2.8.3 – Drivers Who Are Hazards: Vehicles may be partly hidden by blind intersections or alleys.'' ''' If you only can see the rear or front end of a vehicle but not the driver, then he or she can't see you. Be alert because he/she may back out or enter into your lane. '''Always be prepared to stop.''' ... [pg 2-26] ''' ''2.11.4 – Vehicle Factors: Headlights.'' ''' At night your headlights will usually be the main source of light for you to see by and for others to see you. You can't see nearly as much with your headlights as you see in the daytime. With low beams you can see ahead about 250 feet and with high beams about 350–500 feet. '''You must adjust your speed to keep your stopping distance within your sight distance.''' This means going slowly enough to be able to stop within the range of your headlights. ... [pg 13-1]''' ''13.1.2 – Intersections'' ''' As you approach an intersection: Check traffic thoroughly in all directions. '''Decelerate gently. Brake smoothly''' and, if necessary, change gears. If necessary, come to a complete stop (no coasting) behind any stop signs, signals, sidewalks, or stop lines maintaining a safe gap behind any vehicle in front of you. Your vehicle must not roll forward or backward. When driving through an intersection: Check traffic thoroughly in all directions. '''Decelerate ''and'' yield to any pedestrians and traffic in the intersection.''' Do not change lanes while proceeding through the intersection. Keep your hands on the wheel. |access-date=October 4, 2018 |archive-date=March 17, 2016 |archive-url=https://web.archive.org/web/20160317230348/https://www.fmcsa.dot.gov/registration/commercial-drivers-license/commercial-drivers-license-manual |url-status=live }}</ref><ref name="49 CFR 392.14"/> A [[total stopping distance]] of 76 feet itself would imply a safe speed under {{convert|25|mph|km/h|abbr=on}}.<ref name="VA. § 46.2-880.">{{cite web |title=VA. § 46.2-880. Tables of speed and stopping distances. |url=https://law.lis.virginia.gov/vacode/46.2-880/ |website=Code of Virginia |publisher=State of Virginia |quote=an average baseline for motor vehicle stopping distances...for a vehicle in good condition and...on a level, dry stretch of highway, free from loose material. |access-date=July 11, 2018 |archive-date=July 7, 2018 |archive-url=https://web.archive.org/web/20180707040036/https://law.lis.virginia.gov/vacode/46.2-880/ |url-status=live }}</ref> Human intervention was still legally required. Computer perception–reaction time would have been a speed limiting factor had the technology been superior to humans in ambiguous situations;<ref name="Uber Return">{{Cite news |url=https://www.nytimes.com/2018/12/05/technology/uber-self-driving-cars.html |url-access=subscription |title=Uber's Self-Driving Cars Are Set to Return in a Downsized Test |last1=Wakabayashi |first1=Daisuke |last2=Conger |first2=Kate |date=December 5, 2018 |work=The New York Times |access-date=December 7, 2018 |language=en-US |issn=0362-4331 |quote='''The cars have reacted more slowly than human drivers''' and struggled to pass so-called track validation tests...Dara Khosrowshahi, the chief executive, acknowledged errors in Uber's earlier driverless car efforts. "We did screw up," he said in comments provided by Uber...as recently as a few weeks ago, the company's autonomous vehicle unit, Uber Advanced Technologies Group, or A.T.G., was still experiencing track testing "failures" on different versions of its software, according internal company emails. '''To match the reaction time of a human driver at 25 m.p.h., the cars needed to drive "20% slower than a human,"''' Brandon Basso, a director at A.T.G., said in a Nov. 1 email. Even at slower speeds, the cars were passing only 82 percent of track tests, according to company documents...a test in early November ran Uber's vehicles through more than 70 categories at 25 m.p.h., they failed in 10 of them, including '''being slow to recognize another car that didn't yield.''' |archive-date=August 31, 2019 |archive-url=https://web.archive.org/web/20190831070929/https://www.nytimes.com/2018/12/05/technology/uber-self-driving-cars.html |url-status=live }}</ref> however, the nascent computerized braking technology was disabled the day of the crash, and the machine's apparent 4.7-second perception–reaction (alarm) time<ref name="NTSB-prelim" /> allowed the car to travel {{convert|250|ft}}. Video released by the police on March 21 showed the safety driver was not watching the road moments before the vehicle struck Herzberg.<ref name="nyt_20180219"/><ref name=AZR-180321>{{cite news |url=https://www.azcentral.com/story/news/local/tempe-breaking/2018/03/21/video-shows-moments-before-fatal-uber-crash-tempe/447648002/ |title=Video shows moments before fatal Uber crash in Tempe |author1=Garcia, Uriel J. |author2=Randazzo, Ryan |date=March 21, 2018 |newspaper=The Arizona Republic |access-date=March 27, 2018 |archive-date=March 25, 2018 |archive-url=https://wayback.archive-it.org/all/20180325052051/https://www.azcentral.com/story/news/local/tempe-breaking/2018/03/21/video-shows-moments-before-fatal-uber-crash-tempe/447648002/?from=new-cookie |url-status=live }}</ref>

| caption = Vicinity of [[Phoenix metropolitan area arterial roads#Mill Avenue|Mill Avenue]] (running north–south) and Curry/Washington (east–west) in [[Tempe, Arizona]]

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{{blockquote|text=The driver said it was like a flash, the person walked out in front of them. His {{sic}} first alert to the collision was the sound of the collision. [...] it's very clear it would have been difficult to avoid this collision in any kind of mode (autonomous or human-driven) based on how she came from the shadows right into the roadway. |author=Chief Sylvia Moir, [[Tempe Police Department|Tempe Police]] |source=''[[San Francisco Chronicle]]'' interview, March 19, 2018<ref name=SFC-180319>{{cite news |url=https://www.sfchronicle.com/business/article/Exclusive-Tempe-police-chief-says-early-probe-12765481.php |title=Exclusive: Tempe police chief says early probe shows no fault by Uber |author=Said, Carolyn |date=March 19, 2018 |newspaper=San Francisco Chronicle |access-date=March 27, 2018 |archive-date=August 30, 2019 |archive-url=https://web.archive.org/web/20190830191415/https://www.sfchronicle.com/business/article/Exclusive-Tempe-police-chief-says-early-probe-12765481.php |url-status=live }}</ref>}}

|caption1=Facing north; [[Phoenix metropolitan area arterial roads#Mill Avenue|Mill Avenue]] runs from the top left corner to the bottom right corner (north–south).

 

|caption2=Facing southwest; ornamental brick-lined median dividing Mill Avenue}}

 

After the Uber video was released, journalist Carolyn Said noted the police explanation of Herzberg's path meant she had already crossed two lanes of traffic before she was struck by the autonomous vehicle.<ref name=SFG-180321 /> The [[Marquee Theatre]] and [[Tempe Town Lake]] are west of Mill Avenue, and pedestrians commonly cross mid-street without detouring north to the crosswalk at Curry.<ref name=PNT-180319 /> According to reporting by the ''[[Phoenix New Times]]'', Mill Avenue contains what appears to be a brick-paved path in the median between the northbound and southbound lanes;<ref name=PNT-180319 /> however, posted signs prohibit pedestrians from crossing in that location.<ref>{{cite news |url=http://www.phoenixnewtimes.com/news/self-driving-uber-crash-highlights-bigger-problem-metro-phoenix-is-hell-for-pedestrians-10251695 |title=Self-Driving Uber Crash Highlights Bigger Problem: Metro Phoenix Is Hell for Pedestrians |author=Farzan, Antonia Noori |date=March 22, 2018 |newspaper=Phoenix New Times |access-date=March 27, 2018 |archive-date=September 2, 2019 |archive-url=https://web.archive.org/web/20190902150839/https://www.phoenixnewtimes.com/news/self-driving-uber-crash-highlights-bigger-problem-metro-phoenix-is-hell-for-pedestrians-10251695 |url-status=live }}</ref> When the second of the [[Mill Avenue bridges]] over the town lake was added in 1994 for northbound traffic, the X-shaped crossover in the median was installed to accommodate the potential closing of one of the two road bridges. The purpose of this brick-paved structure is purely to divert cars from one side to the other if a bridge is closed to traffic, and although it may look like a crosswalk for pedestrians, it is in fact a temporary roadway with vertical curbs and warning signs.<!-- see http://john-s-allen.com/blog/?p=7423 -->

Michael Ramsey, a self-driving car expert with [[Gartner]], characterized the video as showing "a complete failure of the system to recognize an obviously seen person who is visible for quite some distance in the frame. Uber has some serious explaining to do about why this person wasn't seen and why the system didn't engage."<ref name=SFG-180321 />

 

 

A video shot from the vehicle's dashboard camera showed the safety driver looking down, away from the road. It also appeared that the driver's hands were not hovering above the steering wheel, which is what drivers are instructed to do so they can quickly retake control of the car. Uber had moved from two employees in every car to one. The paired employees had been splitting duties: one ready to take over if the autonomous system failed, and another to keep an eye on what the computers were detecting. The second person was responsible for keeping track of system performance as well as labeling data on a laptop computer. Mr. Kallman, the Uber spokesman, said the second person was in the car for purely data related tasks, not safety. When Uber moved to a single operator, some employees expressed safety concerns to managers, according to the two people familiar with Uber's operations. They were worried that going solo would make it harder to remain alert during hours of monotonous driving.

On Thursday, June 21, the Tempe Police Department released a detailed report along with media captured after the collision, including an audio recording of the 911 call made by the safety driver, Rafaela Vasquez, and an initial on-scene interview with a responding officer, captured by [[body worn video]]. After the crash, police obtained search warrants for Vasquez's cellphones as well as records from the video streaming services [[Netflix]], [[YouTube]], and [[Hulu]]. The investigation concluded that because the data showed she was streaming [[The Voice (U.S. TV series)|''The Voice'']] over Hulu at the time of the collision, and the driver-facing camera in the Volvo showed "her face appears to react and show a smirk or laugh at various points during the time she is looking down", Vasquez may have been distracted from her primary job of monitoring road and vehicle conditions.<ref name=AZC-180621>{{cite news |url=https://www.azcentral.com/story/news/local/tempe-breaking/2018/06/21/uber-self-driving-car-crash-tempe-police-elaine-herzberg/724344002/ |title=Report: Uber driver was watching 'The Voice' moments before fatal Tempe crash |author1=Coppola, Chris |author2=Frank, BrieAnna J |date=June 21, 2018 |work=AZ Central |publisher=USA Today |access-date=June 26, 2018 |quote=The documents indicate police are seeking manslaughter charges against Vasquez...."This crash would not have occurred if Vasquez would have been monitoring the vehicle and roadway conditions and was not distracted," the report says....A crash report indicated that the self-driving vehicle was traveling too fast for the road conditions.}}</ref> Tempe police concluded the crash was "entirely avoidable"<ref name=Reuters-180621 /> and faulted Vasquez for her "disregard for assigned job function to intervene in a hazardous situation".<ref name=AZC-180621 />

 

 

 

===Other factors===

On May 24, NTSB released a preliminary incident report, the news release saying that Herzberg "was dressed in dark clothing, did not look in the direction of the vehicle... crossed... in a section not directly illuminated by lighting... entered the roadway from a brick median, where signs...warn pedestrians to use a crosswalk... 360 feet north." Six seconds before impact, the vehicle was traveling {{convert|43|mph|km/h|abbr=on}}, and the system identified the woman and bicycle as an unknown object, next as a vehicle, then as a bicycle.<ref>{{Cite web|url=https://www.ntsb.gov/news/press-releases/Pages/NR20180524.aspx|title=Preliminary Report Released for Crash Involving Pedestrian, Uber Technologies, Inc., Test Vehicle|website=www.ntsb.gov|language=en-us|access-date=September 11, 2018|archive-date=September 5, 2018|archive-url=https://web.archive.org/web/20180905085243/https://www.ntsb.gov/news/press-releases/Pages/NR20180524.aspx|url-status=live}}</ref> At 1.3 seconds before hitting the pedestrian and her bike, the system flagged the need for emergency braking, but it failed to do so, as the car hit Herzberg at {{convert|39|mph|km/h|abbr=on}}.<ref>{{Cite news|url=https://usa.streetsblog.org/2018/05/24/how-ubers-self-driving-system-failed-to-brake-and-avoid-killing-elaine-herzberg/|title=How Uber's Self-Driving System Failed to Brake and Avoid Killing Elaine Herzberg|date=May 24, 2018|work=Streetsblog USA|access-date=September 11, 2018|language=en-US|archive-date=September 12, 2018|archive-url=https://web.archive.org/web/20180912054641/https://usa.streetsblog.org/2018/05/24/how-ubers-self-driving-system-failed-to-brake-and-avoid-killing-elaine-herzberg/|url-status=live}}</ref>

 

 

However, night-time video shot by other motorists in the days following the crash, plus their comments, suggest that the area may have been better illuminated than the dashcam footage, viewed in isolation would suggest. This raises the possibility that Herzberg's appearing so late in the Uber video could merely be an indication that the camera had insufficient sensitivity or was otherwise poorly calibrated for the environment and setting in which it was operating. If these crowd-sourced re-creations are indeed representative of the visibility conditions on the actual night that the crash occurred, then Herzberg would have been visible to Vasquez as soon as there was a clear sight line had Vasquez only been looking ahead, refuting the assertion that the crash was unavoidable.<ref name="amateurVids">{{Cite news|url=https://arstechnica.com/cars/2018/03/police-chief-said-uber-victim-came-from-the-shadows-dont-believe-it/|title=Police chief said Uber victim "came from the shadows"—don't believe it|date=March 23, 2018|first=Timothy B.|last=Lee|work=[[Ars Technica]]|access-date=April 17, 2019|language=en-US|archive-date=July 2, 2019|archive-url=https://web.archive.org/web/20190702025024/https://arstechnica.com/cars/2018/03/police-chief-said-uber-victim-came-from-the-shadows-dont-believe-it/|url-status=live}}</ref>

 

==Coordination with state government==

After the collision that killed Herzberg on March 18, 2018, Uber ceased testing self-driving vehicles in all four cities (Tempe, [[San Francisco]], [[Pittsburgh]], and [[Toronto]]) where it had deployed them.<ref name=SFG-180321 /> On March 26, Governor Ducey sent a letter to Uber CEO [[Dara Khosrowshahi]], suspending Uber's testing of self-driving cars in the state. In the letter, Ducey stated "As governor, my top priority is public safety. Improving public safety has always been the emphasis of Arizona's approach to autonomous vehicle testing, and my expectation is that public safety is also the top priority for all who operate this technology in the state of Arizona."<ref>{{cite news |url=https://www.azcentral.com/story/news/local/tempe-breaking/2018/03/26/doug-ducey-uber-self-driving-cars-program-suspended-arizona/460915002/ |title=Arizona Gov. Doug Ducey suspends testing of Uber self-driving cars |author=Randazzo, Ryan |date=March 26, 2018 |newspaper=The Arizona Republic |access-date=March 27, 2018}}</ref> Uber also announced it would not renew its permit to test self-driving cars in California after the California Department of Motor Vehicles wrote to inform Uber that its permit would expire on March 31, and "any follow-up analysis or investigations from the recent crash in Arizona" would have to be addressed before the permit could be renewed.<ref name="sfchronicle"/> Uber acknowledged that mistakes were made in its pursuit to ultimately create a safer driving environment.<ref name="Uber Return"/><ref name=NYT-180323>{{cite news |url=https://www.nytimes.com/2018/03/23/technology/uber-self-driving-cars-arizona.html |title=Uber's Self-Driving Cars Were Struggling Before Arizona Crash |url-access=subscription |author=Wakabayashi, Daisuke |date=March 23, 2018 |newspaper=The New York Times |access-date=March 27, 2018 |quote=A video shot from the vehicle's dashboard camera showed the safety driver looking down, away from the road. It also appeared that the driver's hands were not hovering above the steering wheel, which is what drivers are instructed to do so they can quickly retake control of the car. ... Uber moved from two employees in every car to one. The paired employees had been splitting duties — one ready to take over if the autonomous system failed, and another to '''keep an eye on what the computers were detecting.''' The second person was responsible for '''keeping track of system performance as well as labeling data on a laptop computer.''' Mr. Kallman, the Uber spokesman, said the second person was in the car for purely data related tasks, not safety. ... When Uber moved to a single operator, some employees expressed safety concerns to managers, according to the two people familiar with Uber's operations. They were worried that going solo would make it harder to remain alert during hours of monotonous driving. |archive-date=March 26, 2018 |archive-url=https://web.archive.org/web/20180326184727/https://www.nytimes.com/2018/03/23/technology/uber-self-driving-cars-arizona.html |url-status=live }}</ref>

 

* {{cite web |url=http://www.legislature.mi.gov/(S(rgjlv4453ryguemx2ko5fpzi))/printDocument.aspx?objectName=mcl-257-627&version=txt |title=§ 257.627 Speed limitations |publisher=The State of Michigan |access-date=August 6, 2013 |quote=§ 257.627(1) A person operating a vehicle on a highway shall operate that vehicle at a careful and prudent speed not greater than nor less than is reasonable and proper, having due regard to the traffic, surface, and width of the highway and of any other condition then existing. '''A person shall not operate a vehicle upon a highway at a speed greater than that which will permit a stop within the assured, clear distance ahead'''. |archive-date=September 27, 2013 |archive-url=https://web.archive.org/web/20130927195508/http://www.legislature.mi.gov/(S(rgjlv4453ryguemx2ko5fpzi))/printDocument.aspx?objectName=mcl-257-627&version=txt |url-status=live }}

* {{cite web |url=http://codes.ohio.gov/orc/4511.21v1 |title=Revised Code § 4511.21(A) Speed limits – assured clear distance |publisher=The State of Ohio |access-date=August 6, 2013 |quote=§ 4511.21(A)(A) No person shall operate a motor vehicle, trackless trolley, or streetcar at a speed greater or less than is reasonable or proper, having due regard to the traffic, surface, and width of the street or highway and any other conditions, and no person shall drive any motor vehicle, trackless trolley, or streetcar in and upon any street or highway at a greater speed than will permit the person to bring it '''to a stop within the assured clear distance ahead'''. |archive-date=July 7, 2013 |archive-url=https://web.archive.org/web/20130707152350/http://codes.ohio.gov/orc/4511.21v1 |url-status=live }}

* {{cite web |url=http://oklegal.onenet.net/oklegal-cgi/get_statute?98/Title.47/47-11-801.html |title=Oklahoma Statutes § 47-11-801 |publisher=The State of Oklahoma |access-date=August 6, 2013 |quote=A. Any person driving a vehicle on a highway shall drive the same at a careful and prudent speed not greater than nor less than is reasonable and proper, having due regard to the traffic, surface and width of the highway and any other conditions then existing, and '''no person shall drive any vehicle upon a highway at a speed greater than will permit the driver to bring it to a stop within the assured clear distance ahead'''. |archive-date=September 27, 2013 |archive-url=https://web.archive.org/web/20130927094828/http://oklegal.onenet.net/oklegal-cgi/get_statute?98%2FTitle.47%2F47-11-801.html |url-status=live }}</ref> for private use, or anywhere at the commercial level,<ref name="CDLM"/><ref name="49 CFR 392.14">{{Cite journal |url=https://www.law.cornell.edu/cfr/text/49/392.14 |title=49 CFR 392.14 – Hazardous conditions; extreme caution. |journal=[[Code of Federal Regulations|US Code of Federal Regulations]] |quote='''Extreme caution in the operation of a commercial motor vehicle shall be exercised when hazardous conditions,''' such as those caused by snow, ice, sleet, fog, mist, rain, dust, or smoke, '''adversely affect visibility''' or traction. '''Speed shall be reduced when such conditions exist.''' If conditions become sufficiently dangerous, the operation of the commercial motor vehicle shall be discontinued and shall not be resumed until the commercial motor vehicle can be safely operated. Whenever compliance with the foregoing provisions of this rule increases hazard to passengers, the commercial motor vehicle may be operated to the nearest point at which the safety of passengers is assured. |access-date=December 14, 2018 |archive-date=September 1, 2019 |archive-url=https://web.archive.org/web/20190901224611/https://www.law.cornell.edu/cfr/text/49/392.14 |url-status=live }}</ref> the technology must hard code [[assured clear distance ahead]] driving.<ref name="NY Jur"/><ref name="Leibowitz&Herschel"/><ref name="common law">

* {{cite court |litigants=Morris v. Jenrette Transport Co. |vol=235 |reporter=N.C. |opinion=568 |pinpoint= |court=[[Supreme Court of North Carolina]] |date=May 21, 1952 |url=http://law.justia.com/cases/north-carolina/supreme-court/1952/451-2-1.html |access-date=February 2016 |quote=It is not enough that the driver of plaintiff's automobile be able to begin to stop within the range of his lights, or that he exercise due diligence after seeing defendants' truck on the highway. He should have so driven that he could and would discover it, perform the manual acts necessary to stop, and bring the automobile to a complete stop within the range of his lights. When blinded by the lights of the oncoming car so that he could not see the required distance ahead, it was the duty of the driver within such distance from the point of blinding to bring his automobile to such control that he could stop immediately, and if he could not then see, he should have stopped. In failing to so drive he was guilty of negligence which patently caused or contributed to the collision with defendants' truck, resulting in injury to plaintiff."...it was his duty to anticipate presence of others, [...] and hazards of the road, such as disabled vehicle, and, in the exercise of due care, to keep his automobile under such control as to be able to stop within the range of his lights}}

 

 

===Other companies===

 

===Legal actions===

 

 

===Regulation===

 

==See also==

[[Category:March 2018 events in the United States]]

[[Category:Deaths by person in Arizona]]

[[Category:Pedestrian road incident deaths]]

[[Category:Road incident deaths in Arizona]]

[[Category:Volvo]]

[[Category:1968 births]]