Back-Up Driver of Autonomous Vehicle Charged With Negligent Homicide of Pedestrian

The broader safety implications of the death of Elaine Hertzberg after being struck by an Uber autonomous vehicle in Tempe is still being litigated. Last week, the back-up driver of the vehicle was charged with negligent homicide.

1 minute read

September 21, 2020, 6:00 AM PDT

By James Brasuell @CasualBrasuell


"The driver behind the wheel of an autonomous Uber car that fatally struck an Arizona woman has been charged with negligent homicide," reports Laurel Wamsley. 

Rafaela Vasquez has pleaded not guilty to the crime of killing Elaine Herzberg in March 2018. The charges follow the results of an investigation by the National Transportation Safety Board, released last year, which "found that the probable cause of the crash was 'the failure of the vehicle operator to monitor the driving environment and the operation of the automated driving system because she was visually distracted throughout the trip by her personal cell phone,'" explains Wamsley.

According to a separate article by Kea Wilson, the indictment "is receiving poor reviews from street safety advocates because of its limited scope."

"Experts fear that by only holding the person behind the wheel accountable — rather than the employer who paid her to drive the car, the automaker who designed the dangerous vehicle, and the road designer who built the dangerous street where the crash occurred — justice won’t really be done," writes Wilson.

Planetizen correspondent Irvin Dawid wrote on the role of Uber and its Volvo autonomous vehicle technology in the fatal crash in March 2018.

Friday, September 18, 2020 in NPR

portrait of professional woman

I love the variety of courses, many practical, and all richly illustrated. They have inspired many ideas that I've applied in practice, and in my own teaching. Mary G., Urban Planner

I love the variety of courses, many practical, and all richly illustrated. They have inspired many ideas that I've applied in practice, and in my own teaching.

Mary G., Urban Planner

Get top-rated, practical training

Wastewater pouring out from a pipe.

Alabama: Trump Terminates Settlements for Black Communities Harmed By Raw Sewage

Trump deemed the landmark civil rights agreement “illegal DEI and environmental justice policy.”

April 13, 2025 - Inside Climate News

High-rise apartment buildings in Waikiki, Hawaii with steep green mountains in background.

Study: Maui’s Plan to Convert Vacation Rentals to Long-Term Housing Could Cause Nearly $1 Billion Economic Loss

The plan would reduce visitor accommodation by 25% resulting in 1,900 jobs lost.

April 6, 2025 - Honolulu Civil Beat

Logo for Planetizen Federal Action Tracker with black and white image of U.S. Capitol with water ripple overlay.

Planetizen Federal Action Tracker

A weekly monitor of how Trump’s orders and actions are impacting planners and planning in America.

April 10, 2025 - Diana Ionescu

A line of white wind turbines surrounded by wheat and soybean fields with a cloudy blue sky in the background.

Wind Energy on the Rise Despite Federal Policy Reversal

The Trump administration is revoking federal support for renewable energy, but demand for new projects continues unabated.

April 15 - Fast Company

Red and white Caltrain train.

Passengers Flock to Caltrain After Electrification

The new electric trains are running faster and more reliably, leading to strong ridership growth on the Bay Area rail system.

April 15 - Office of Governor Gavin Newsom

View up at brick Catholic church towers and modern high-rise buildings.

Texas Churches Rally Behind ‘Yes in God’s Back Yard’ Legislation

Religious leaders want the state to reduce zoning regulations to streamline leasing church-owned land to housing developers.

April 15 - NBC Dallas