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Uber Settles With Family of Woman Killed By Self-Driving Car, Avoids Lawsuit (arstechnica.com)

It appears that Uber won't go to court to settle a lawsuit after one of its self-driving cars killed a woman in Tempe, Arizona earlier this month. An anonymous Slashdot reader shares a report from Ars Technica: Uber has reached a settlement with the family of the woman killed by an Uber self-driving car. Uber reached the settlement with the daughter and husband of Elaine Herzberg, who died at age 49 after being hit by the Uber vehicle in Tempe, Arizona. The settlement presumably includes a cash payment, but no details were provided by either Uber or the family's attorney. "The matter has been resolved," said Christina Perez Hesano, an attorney for Herzberg's family, according to reports by Reuters and NPR.

15 of 124 comments (clear)

  1. needs to go to criminal court by Joe_Dragon · · Score: 2, Insightful

    needs to go to criminal court

    1. Re:needs to go to criminal court by quantaman · · Score: 2

      needs to go to criminal court

      Criminal and civil liability are different. The family settling doesn't mean Uber won't face charges.

      On the other hand, even if Uber escaped criminal consequences they could still lose a civil trial.

      --
      I stole this Sig
    2. Re:needs to go to criminal court by amicusNYCL · · Score: 3, Insightful

      It seems like everyone except you knows that these cars, like literally every other computer, are only capable of doing what they were programmed to do (and, even then, only if every part of the system is working). It also seems like everyone except you also understands that progress is going to continue, there are multiple competing technologies or companies, and that progress is going to reduce the overall rate of deaths from car accidents at some point in the future. Just because we aren't at that point yet is no reason to issue some sort of blanket ban.

      --
      "Our two-party system is like a bowl of shit looking at itself in a mirror." - Lewis Black
    3. Re: needs to go to criminal court by sonamchauhan · · Score: 3, Informative

      Uber was speeding 3 mph. Safety driver was looking at lap. Second safety driver was dispensed with. Uber software is known for dangerous bugs (read article on them in MIT review 2 years ago). Though possible for a human, the Uber made no attempt to brake. Kinetic energy due to the excess speed was 17% of impact energy. Braking would have reduced it further. A second safety driven could have called attention. Sticking to speed limit and braking would both have reduced impact energy substantially and may have given the woman valuable reaction time.

    4. Re:needs to go to criminal court by Keith_Beef · · Score: 3, Interesting

      Yes.

      The state prosecutor needs to look at this and decide if there is a case of criminal negligence, wilful blindness, or whatever Arizona law has.

      It would also be a good idea for Arizona's voters to look at their Governor's cosy relations with Uber, and how he encouraged slack requirements for driverless vehicles at a time when California was enacting stricter requirements for them.

      A tranche of emails published through a document request from The Guardian reveals that governor Doug Ducey went to some lengths to encourage Uber to move its program from California to Arizona, including allowing it to test self-driving cars in Phoenix back in August 2016 without letting the public know.

      The close relationship between Uber and Ducey paid off when California forced Uber to shut down its self-driving program after their cars were spotted running several red lights in San Francisco and it was discovered the company had never applied for autonomous vehicle testing permits.

      Ducey embraced their arrival, putting out a statement that read: "Arizona welcomes Uber self-driving cars with open arms and wide open roads. 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." It is notable that he did not mention that his office knew Uber had been secretly testing its cars for months in his state.

      Source:
      https://www.theregister.co.uk/2018/03/28/uber_selfdriving_death_may_have_been_due_to_lidar_blind_spot/

      Hey, Arizona! Do you want your kids to be killed by Uber's experiments? Or do you want Uber to make cars safer before unleashing them on public roads?

      A start, might be to go back to multiple LIDAR sensors around the car, instead of the cheaper single sensor on the roof.

    5. Re:needs to go to criminal court by david_thornley · · Score: 2

      I see you're not a fan of personal responsibility, since you're defending people who made a car that can't detect a pedestrian in plain view, and a safety driver that was inattentive. Personal responsibility as a driver means I don't hit people, even if I can construct a legal case so I'm not actually charged.

      --
      "When you have eliminated the unacceptable, whatever is left, however improbable, must be the truthiness" - Holmes
  2. That was a little too quick. by nimbius · · Score: 5, Interesting

    speaking from experience as someone who was injured by a faulty amusement park ride, there are a few things that nobody talks about during these events. namely:

    reaching out: companies that are clearly at-fault or expect to lose a court case for your injury are about as persistent as the FBI in finding you after the event. Leading up to surgery for a compound fracture, I was asked by nurses if i knew "my friend" from the amusement park and would allow them to see me. These were attorneys and PR representatives. two of them gave no name to the desk, one of them roamed the ER for 5 minutes trying to find me before being escorted out by security.

    more reaching out.: I had 11 voicemails from various firms and individuals working directly with the amusement park. They all started the same, condolences for "the event" but never admitting anything more than "sad that i wasnt feeling well." I had two flower bouquets sent to my hospital room, both came with a stapled 20 page release/disclosure and instructions on how to sign and how to return.

    helping hands: When i was discharged I had two separate requests to pay my hospital bill, neither directly from the amusement park but one suspiciously from a "health" provider. I also had about a dozen more voicemails growing increasingly urgent. At some point a pizza was sent to my house and a get-well-soon card. no sender was named. The next day four people in suits arrived at my door and wanted to talk about the incident insisting I could be liable for damages to the park if the matter wasnt resolved quickly.

    The point is: lawyer up and dont settle. if someone is at fault for what happened the worst thing you can do is settle because nothing will get fixed. The company gets to claim no-fault, and can easily pay to have their story killed in the local news. My accident didnt even make the newspaper, but the company had to admit fault and disclose the event to shareholders. I was also successful in getting the rides full safety history disclosed, with more than 40 violations, which resulted in it being shut down. this triggered a full OSHA inspection, which shut down two more rides and ended up in documented fines and violations for the company.

    --
    Good people go to bed earlier.
    1. Re:That was a little too quick. by Rick+Schumann · · Score: 3

      Your experience sounds like the tactics an insurance company will use in an auto accident: they'll offer to pay your medical bills up front. If you're dumb enough to cash the check, they'll turn around and claim they've 'settled your claim' and you get NOTHING MORE FROM THEM. You're right, get a lawyer, go straight to litigation, otherwise they'll use underhanded tactics to screw you.

    2. Re:That was a little too quick. by thegarbz · · Score: 2

      The point is: lawyer up and dont settle.

      Don't generalise. This was a road vehicle accident, and in the overwhelming vast majority of cases the family of victims get diddley squat. Doubly so that there was an employee Uber was able to throw under the bus for this. And the person was crossing the road where she wasn't supposed to.

      Point is don't always assume you are in an awesome position just because ${bad_thing} happened to you. Your case varies greatly in strength for yourself as well as strength of opponents.

      Personally I think the family was right to settle. This is a case where I expected they wouldn't even get a letter of condolence, not only because of the circumstances but also because of who was involved (and who wasn't, namely the family).

  3. I can see why the husband might... by uncqual · · Score: 2, Insightful

    ...reach a settlement, but why would the daughter participate?

    The damage to the car didn't look all that extensive - although perhaps some expensive sensors were damaged. I believe Arizona is a community property state so the husband may be obligated to pay for damages caused by the his wife's illegal jaywalking, but if the husband couldn't afford to pay for repairs, why would the daughter help out -- she has no legal obligation to do so.

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    Why is there an "insightful" mod and why isn't it "-1"? If I wanted insight, I wouldn't be reading /.
    1. Re:I can see why the husband might... by uncqual · · Score: 2

      No. I was in a (apparently too) dry attempt at humor suggesting that perhaps Uber was suing for repairs to the car and the family paid them rather than go to court. Nothing that's been I've seen reported tells us who paid who so everyone's making assumptions.

      Of course, if I had to bet, I'd bet Uber/their insurance company paid off the family rather than go to court to defend themselves. It was probably cheaper than fighting the case in court even if they thought they would win (which, depending on Arizona's laws on such cases, they probably couldn't have won completely anyway - the "safety driver" was obviously not paying attention and if there was a rational chance she could have noticed and even slowed down a bit and/or swerved and reduced the severity of the collision, Uber would likely have been held at least some percent liable).

      --
      Why is there an "insightful" mod and why isn't it "-1"? If I wanted insight, I wouldn't be reading /.
  4. Re:Already?! by ShanghaiBill · · Score: 2

    It's barely been two weeks.

    They just need to agree on a number. It shouldn't take more than a few hours to look at some similar incidents for precedent. Dragging it out just means more money goes to the lawyers.

    The family might barely have had time to grieve

    Oh give me a break. She was homeless. Neither her daughter nor husband was even willing to let her sleep on their sofa. Do you really think they are so heartbroken that they need weeks to grieve?

    It also just makes Uber look pretty shady that they just mumble some apologies and throw a ton of cash at the problem.

    Yes it is amazing that Uber was willing to sully their otherwise pristine reputation. It would have been soooo much more ethical to drag the family through months or years of litigation.

  5. Re:Already?! by harvey+the+nerd · · Score: 2

    You mean Uber could be bankrupted if they tried to take it to court. Tried in the daily press could have been extremely ugly.

  6. Re:Already?! by fluffernutter · · Score: 2

    It shouldn't take more than a few hours to look at some similar incidents for precedent.

    Yet it's the first time a woman is killed by a self-driving car, so I don't see how. Convincing the parties that this is the same as any distracted driver hitting any jaywalker would be dishonest.

    --
    Laws are rules for the court, but merely a bottom bar to hit for life. Think beyond laws in your actions always.
  7. Not Necessarily Because of Criminal Actions by Koreantoast · · Score: 2

    Uber's decision to settle quickly isn't necessarily because they thought they couldn't win. The company might simply be trying to get the news off the headlines which could hurt the reputation of driverless vehicles instead of having it dragged out for years as it goes through the legal process. Or they might have done the math and found it was simply cheaper to just pay the family and be done with it versus hire an army of lawyers for the next five years. It could be too that they didn't want to go too deep into their technology in a public court case, and this was a way to protect their proprietary findings.