Prosecutors have determined that Uber Technologies Inc bears no criminal responsibility for the 2018 self-driving car crash in Tempe, Arizona, which resulted in the death of pedestrian Elaine Herzberg. The Yavapai County Attorney’s office stated in a public letter that no criminal charges could be filed against the company, though it recommended further investigation into the actions of the back-up driver, Rafael Vasquez.
Tempe police previously reported that Vasquez was watching a television show on his phone moments before the collision, describing the incident as "entirely avoidable." A police report from June 2018 indicated Vasquez might face vehicular manslaughter charges, though he has not publicly commented on the allegations.
The investigation highlighted discrepancies in the collision video, with the county attorney’s office noting the need for expert analysis to reconcile the footage with the driver’s perspective. The National Transportation Safety Board and National Highway Traffic Safety Administration continue to probe the crash, which occurred when the Uber vehicle was operating in autonomous mode.
Records obtained from Hulu showed Vasquez’s account was streaming the TV show "The Voice" for 42 minutes on the night of the crash, ending just before the collision. Uber had disabled an automatic emergency braking system in the 2017 Volvo XC90 involved, a move the NTSB linked to the accident. The company resumed limited self-driving tests in Pittsburgh in December 2018 after suspending operations following the incident.
