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Autonomous Vehicle Safety Questioned in Federal Ruling

Home » Autonomous Vehicle Safety Questioned in Federal Ruling
November 25, 2019
Edward Smith

Autonomous Vehicle Safety Questioned in Federal Ruling

The National Transportation Safety Board (NTSB) called Uber’s autonomous vehicle safety culture ineffective in a ruling handed down on November 19. The ruling was in reference to an accident that occurred in March 2018 when one of Uber’s test vehicles hit and killed a woman crossing the road. Robert Sumwalt, Chairman of the Board, said that Uber relied on the backup driver in this case rather than using an emergency braking system built into the vehicle. He also said that Uber did not monitor its cars on a continuous basis, nor did their vehicles have the automatic braking ability. The NTSB urged government agencies to become involved in regulating autonomous vehicle testing in the United States.

The Accident in Arizona

The pedestrian accident in Arizona occurred on March 18, when a woman died crossing the street. The crash occurred on a dark stretch of Mill Avenue at approximately 10:00 p.m. The pedestrian, identified as Elaine Herzberg, was pushing a shopping bag-laden bicycle across the four-lane road. She had already crossed two lanes when she was hit by the Volvo XC90. The test driver, Rafaela Vasquez, was unable to brake in time to avoid hitting Herzberg. An investigation revealed that the driver braked one second after impact and moved the steering wheel one second before striking the pedestrian. On-board videos showed the driver was distracted and was looking down just before impact. 

Driver to Blame

The NTSB report said the Uber autonomous driver was to blame for the crash. It noted the driver was looking down at her phone watching a TV show in the seconds before the crash. However, it also blamed the lack of government involvement by the National Highway Traffic Safety Administration for not becoming more involved. In addition, the board expressed concern that the states are not passing regulations to augment autonomous vehicle safety. One member said that it seems technology was being advanced at the cost of saving lives. 

Attempts at Regulation

On its behalf, the NHTSA said that it had provided safety reports to autonomous vehicle companies, urging but not mandating them to fill them out. Since the reports were issued, only 16 have been turned in to the NHTSA in California out of 62 companies in the state. When asked why this lack of control exists, the NHTSA said that it was not pressing autonomous vehicle safety since the technology could save lives. The NHTSA said its own investigation into the Tempe accident will be forthcoming.

States Should Be at the Front of Autonomous Vehicle Safety

According to the NTSB, the state should play a large role in autonomous vehicle safety. They stressed that states should require companies looking to test autonomous vehicles to turn in an application to state regulators. A plan to assess risk and operator proficiency should accompany the application. The NTSB said that it is important to have not only risk assessment but also to formulate a way to avoid accidents going forward. The NTSB has a limited ability to promote safety on the roads. It can only make suggestions to the NHTSA that will then exercise their regulatory authority. 

Uber Responds

In response to the ruling, Uber said that it is doing everything it can to maintain autonomous vehicle safety. According to the company, the pedestrian was detected by their software 5.6 seconds before impact. However, the system did not detect if the image it “saw” was a human, animal, or an object. 

How an Attorney Can Help

When a client has an accident with a self-driving vehicle, we begin by determining why the accident happened. Using our experience with autonomous cars, our firm sends investigators to the scene of the crash. We examine the crash scene for evidence that will help us build a strong case for our client. We interview witnesses to the accident and the rider in the self-driving vehicle if it is manned. We will also speak with the company to request videos of the crash, the operator’s logs, and other information. Our investigators also look for safety devices on the autonomous vehicle and whether they are functioning properly. We also review police reports for accuracy and obtain videos from traffic surveillance cameras and those on nearby residences and businesses. This data is passed on to our legal team as they work to obtain the compensation our client deserves.

Sacramento Car Accident Lawyer

I’m Ed Smith, a Sacramento car accident lawyer. It is important to have an injury attorney’s help when you’ve been in an accident. Call me at (916) 921-6400 or at (800) 404-5400 for free and friendly advice. You can also reach me online

I’ve helped clients since 1982 with all types of car accidents, wrongful deaths, and traumatic injuries.

I belong to the Million Dollar Advocates and the National Association of Distinguished Counsel.

You can learn about my practice by going to the following pages:

Photo Attribution: https://www.pexels.com/photo/uber-smartphone-iphone-app-34239/

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