First Fatal Accident Involving Autonomous Uber Car Raises Novel Legal Issues

Just who can be held liable when an autonomous vehicle strikes and kills a pedestrian? That legal question became more urgent Monday as news emerged that an autonomous Uber car struck and killed a pedestrian in Tempe, Arizona. Police officials in the Phoenix suburb on Monday said that the vehicle was in autonomous mode with a driver behind the wheel around 10 p.m. local time when it struck a woman who was crossing the road outside a crosswalk. She was transported to a local hospital where she died from injuries suffered in the accident. Uber Technologies Inc. issued a statement saying "our hearts go out to the victim's family. We're fully cooperating with Tempe police and local authorities as they investigate this accident." Uber announced that it is suspending autonomous vehicle testing in Tempe, San Francisco and other cities. The National Transportation Safety Board is sending an investigation team to the accident site in Tempe, a spokesman said Monday. "What this shows unfortunately is that these cars are going to kill people, and we need to understand that and think about the implications of that and the algorithms that are controlling the decision-making of these cars," said John Simpson, the technology project director of Consumer Watchdog, a Santa Monica-based group that has pushed for more transparency from the autonomous vehicle industry. After California regulators ordered Uber in 2016 to shut down its unpermitted testing of autonomous vehicles on San Francisco streets, Arizona Gov. Doug Ducey issued a statement urging the company to move its operations to his state. "While California puts the brakes on innovation and change with more bureaucracy and more regulation, Arizona is paving the way for new technology and new businesses," Ducey wrote, touting his state's low-regulation testing environment. "California may not want you, but we do.” Ducey earlier this month signed an executive order allowing autonomous vehicles to operate on the state’s roads without a human present. “As technology advances, our policies and priorities must adapt to remain competitive in today’s economy,” said Ducey in a news release announcing the change. “This executive order embraces new technologies by creating an environment that supports autonomous vehicle innovation and maintains a focus on public safety.” The accident involving the autonomous Uber car is among the first fatalities linked to the driverless car industry. In May 2016, a man riding in a Tesla operating in autopilot mode was killed when his vehicle steered under an 18-wheel truck and trailer. Read more:What Happens if a Self-Driving Uber Is in a Crash?Biggest Issue for Autonomous Car Lawyers? Managing Liability, Akin Partner SaysTrump's Autonomous Car Guidance Puts Automakers in Driver's SeatWhy Uber's Hired a Federal Health Care LobbyistWhat Tech, Insurers Told Calif. About Driverless RulesSan Francisco Sues Uber Over Access to Driver Information

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