The backup driver in the 1st death by a fully autonomous car pleads guilty to endangerment

Phoenix – The backup Uber driver for a self-driving vehicle that killed a pedestrian in suburban Phoenix in 2018 pleaded guilty Friday to endangerment in the first fatal collision involving a fully autonomous car.

Maricopa County Superior Court Judge David Garbarino, who accepted the plea agreement, sentenced Rafaela Vasquez, 49, to three years of supervised probation for the crash that killed 49-year-old Elaine Herzberg. Vasquez told police that Herzberg “came out of nowhere” and that she didn’t see Herzberg before the March 18, 2018, collision on a darkened Tempe street.

Vasquez had been charged with negligent homicide, a felony. She pleaded guilty to an undesignated felony, meaning it could be reclassified as a misdemeanor if she completes probation.

Uber had tested fully autonomous Volvo XC-90 SUVs in Arizona.

Authorities say Vasquez was streaming the television show “The Voice” on a phone and looking down in the moments before Uber’s Volvo XC-90 SUV struck Herzberg, who was crossing with her bicycle.

Vasquez’s attorneys said she was was looking at a messaging program used by Uber employees on a work cellphone that was on her right knee. They said the TV show was playing on her personal cellphone, which was on the passenger seat.

Defense attorney Albert Jaynes Morrison told Garbarino that Uber should share some blame for the collision as he asked the judge to sentence Vasquez to six months of unsupervised probation.

“There were steps that Uber failed to take,” he said. By putting Vasquez in the vehicle without a second employee, he said. “It was not a question of if but when it was going to happen.”

Prosecutors previously declined to file criminal charges against Uber, as a corporation. The National Transportation Safety Board concluded Vasquez’s failure to monitor the road was the main cause of the crash.

“The defendant had one job and one job only,” prosecutor Tiffany Brady told the judge. “And that was to keep her eyes in the road.”