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.

Following the fatal incident, the National Transportation Safety Board (NTSB) issued a series of recommendations and sharply criticized Uber. The company suspended testing of self-driving vehicles in Arizona, where such testing had been approved since August 2016. Uber chose not to renew its permit for testing self-driving vehicles in California when it expired at the end of March 2018. Uber resumed testing in December 2018, starting in Pittsburgh, Pennsylvania.

In March 2019, Arizona prosecutors ruled that Uber was not criminally responsible for the crash. The back-up driver of the vehicle was charged with negligent homicide, pled guilty to endangerment, and was sentenced to three years' probation.

While Herzberg was the first pedestrian killed by a self-driving car, driver Gao Yaning died in a Tesla semi-autonomous car two years earlier. A reporter for The Washington Post compared Herzberg's fate with that of Bridget Driscoll who, in the United Kingdom in 1896, was the first pedestrian to be killed by an automobile.

The Arizona incident has magnified the importance of collision avoidance systems for self-driving vehicles.

Collision summary Herzberg was crossing Mill Avenue (North) from west to east, approximately south of the intersection with Curry Road, outside the designated pedestrian crosswalk, close to the Red Mountain Freeway. She was pushing a bicycle laden with shopping bags, and had crossed at least two lanes of traffic when she was struck at approximately 9:58 pm MST (UTC−07:00) by a prototype Uber self-driving car based on a Volvo XC90, which was traveling north on Mill. The vehicle had been operating in autonomous mode since 9:39 pm, nineteen minutes before it struck and killed Herzberg. The car's human safety backup driver, Rafaela Vasquez, did not intervene in time to prevent the collision. Vehicle telemetry obtained after the crash showed that the human operator responded by moving the steering wheel less than a second before impact, and she engaged the brakes less than a second after impact.

Cause investigation

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.

Accounts differ on the speed limit at the place of the incident. According to Tempe police the car was traveling in a zone, but this is contradicted by a posted speed limit of .

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. Their preliminary findings were substantiated by multiple event data recorders and proved the vehicle was traveling when Herzberg was first detected 6 seconds () before impact; during 4.7 seconds the self driving system did not infer that emergency braking was needed. A vehicle traveling can generally stop within once the brakes are applied.See calculation method under Braking distance. The machine needed to be 1.3 seconds () away prior to discerning that emergency braking was required, whereas at least that much distance was required to stop. The system failed to behave properly. A total stopping distance of 76 feet itself would imply a safe speed under . 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; 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 allowed the car to travel . Video released by the police on March 21 showed the safety driver was not watching the road moments before the vehicle struck Herzberg.

Environment

In widely disseminated remarks that would shape the narrative about the crash, which were later seen as prejudicial and subsequently contradicted by her own department, Tempe Police Chief Sylvia Moir was quoted stating that the collision was "unavoidable" based on the initial police investigation, which included a review of the video captured by an onboard camera. Moir faulted Herzberg for crossing the road in an unsafe manner: "It is dangerous to cross roadways in the evening hour when well-illuminated, managed crosswalks are available." According to Uber, safety drivers were trained to keep their hands very close to the wheel all the time while driving the vehicle so they were ready to quickly take control if necessary.

Tempe police released video on March 21, 2018, showing footage recorded by two onboard cameras: one forward-looking, and one capturing the safety driver's actions. The forward-facing video shows that the self-driving car was traveling in the far right lane when it struck Herzberg. The driver-facing video shows the safety driver was looking down prior to the collision. The Uber operator is responsible for intervening and taking manual control when necessary as well as for monitoring diagnostic messages, which are displayed on a screen in the center console. In an interview conducted after the crash with NTSB, the driver stated she was monitoring the center stack at the time of the collision.

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. 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. 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; however, posted signs prohibit pedestrians from crossing in that location. 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.

Software issues 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."

The NTSB preliminary report, however, noted that the software did order the car to brake 1.3 seconds before the collision.

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.

The recorded telemetry showed the system had detected Herzberg six seconds before the crash, and classified her first as an unknown object, then as a vehicle, and finally as a bicycle, each of which had a different predicted path according to the autonomy logic. 1.3 seconds prior to the impact, the system determined that emergency braking was required, which is normally performed by the vehicle operator. However, the system was not designed to alert the operator, and did not make an emergency stop on its own accord, as "emergency braking maneuvers are not enabled while the vehicle is under computer control, to reduce the potential for erratic vehicle behavior", according to NTSB.

Sensor issues Brad Templeton, who provided consulting for autonomous driving competitor Waymo, noted the car was equipped with advanced sensors, including radar and LiDAR, which would not have been affected by the darkness. Templeton stated "I know the [sensor] technology is better than that, so I do feel that it must be Uber's failure." Arrowood also recognized potential sensor issues: "Really what we are going to ask is, at what point should or could those sensors recognize the movement off to the left. Presumably she was somewhere in the darkness."

In a press event conducted by Uber in Tempe in 2017, safety drivers touted the sensor technology, saying they were effective at anticipating jaywalkers, especially in the darkness, stopping the autonomous vehicles before the safety driver can even see pedestrians. However, manual intervention by the safety drivers was required to avoid a collision with another vehicle on at least one instance with a reporter from The Arizona Republic riding along.

Uber announced they would replace their Ford Fusion-based self-driving fleet with cars based on the Volvo XC90 in August 2016; the XC90s sold to Uber would be prepared to receive Uber's vehicle control hardware and software, but would not include any of Volvo's own advanced driver-assistance systems. Uber characterized the sensor suite attached to the Fusion as the "desktop" model, and the one attached to the XC90 as the "laptop", hoping to develop the "smartphone" soon. According to Uber, the suite for the XC90 was developed in approximately four months. The XC90 as modified by Uber included a single roof-mounted LiDAR sensor and 10 radar sensors, providing 360° coverage around the vehicle. In comparison, the Fusion had seven LiDAR sensors (including one mounted on the roof) and seven radar sensors. According to Velodyne, the supplier of Uber's LiDAR, the single roof-mounted LiDAR sensor has a narrow vertical range that prevents it from detecting obstacles low to the ground, creating a blind spot around the vehicle. Marta Hall, the president of Velodyne commented "If you're going to avoid pedestrians, you're going to need to have a side lidar to see those pedestrians and avoid them, especially at night." However, the augmented radar sensor suite would be able to detect obstacles in the LiDAR blind spot.

Distraction