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The Courts Businesses The Almighty Buck Transportation

Uber Settles With Family of Woman Killed By Self-Driving Car, Avoids Lawsuit (arstechnica.com) 124

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

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  • by Joe_Dragon ( 2206452 ) on Thursday March 29, 2018 @03:51PM (#56349265)

    needs to go to criminal court

    • by Anonymous Coward

      I agree. The crime should be a post-humorous guilty for the idiot that jaywalked and won the Darwin award.

      • by gl4ss ( 559668 )

        actually uber engineers should be and the uber driver.

        uber knows their driver wasn't paying attention - their whole permit dependent on the driver paying attention.

        then they disabled factory safety systems, which may or may not be illegal in that state. even if you're sticking on extra stuff.

        then the car had no safety for parts of the autonomous driving system being apparently non functional. .. uber would get a free pass if the driver could be shown to have been paying attention but instead it has been sho

    • Re: (Score:1, Troll)

      by paulpach ( 798828 )

      needs to go to criminal court

      What's the point? The jaywalker is dead already, filing criminal changes against her won't accomplish anything.

    • Yes, it does, if for no other reason than to establish precedent for the next time this happens (and it WILL, don't doubt it). There needs to be a paper trail of liability starting NOW, so when it's finally determined that these pseudo-intelligent machines aren't up to the task, it'll be easier to ban them.
      • by amicusNYCL ( 1538833 ) on Thursday March 29, 2018 @05:49PM (#56349905)

        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.

        • Re: (Score:1, Flamebait)

          Yes, it did precisely what it was programmed to do: be half-assed, leading to a human death. GET THEM OFF THE ROADS AND KEEP THEM OFF.
          • You're an idiot Rick, and you have no problem illustrating that fact. Is that what you think it was programmed to do, Rick? Are the people working on this software sitting there saying "I don't want this to be perfect, let's just work until it works right most of the time and then go home." Is that really what you think these people are doing? If you saw the Uber video, it should be obvious to any thinking human that large parts of that system failed. I know there were a lot of medium-sized words in th

        • You're assuming that self-driving cars are a form of progress. A lot of people oppose them, for privacy, security and financial reasons. For instance, how many years of normal deaths are going to be made up in the first hacking of 1 million cars on the road? Of 100 million? How are you going to like renting rides from a company that sells your data as opposed to owning a car.

          • by Anonymous Coward

            This is a great point. And I would go even further. I don't even see progress as having anything to do with technology. To me progress is more related to advances toward an equitable and just society, which is a human endeavour . The technologies that support these goals I would consider progressive technologies, but most of what is labelled "progress" today is just the opposite.

          • You're assuming that self-driving cars are a form of progress.

            They are.

            A lot of people oppose them, for privacy, security and financial reasons.

            That's fantastic. In other news, when they're doing the actual job of driving people or things from place to place, independent of any privacy or security issues that the companies might add to the existing vehicle, what we're going to see is a reduction in driving injuries and fatalities. And, yes, I call that progress.

            For instance, how many years of normal deaths are going to be made up in the first hacking of 1 million cars on the road?

            I hope you don't expect an answer to that ridiculous question.

            How are you going to like renting rides from a company that sells your data as opposed to owning a car.

            Why would I choose to do business with a company selling my data? Is selling my data some sort of requirement for au

      • by brunes69 ( 86786 )

        Have you seen the dashcam footage?

        Please explain the liability here. No human on earth could have prevented this woman from being killed in this situation.

        She had a death wish and/or was incredibly stupid.

        • by sonamchauhan ( 587356 ) <sonamc@NOsPam.gmail.com> on Friday March 30, 2018 @12:51AM (#56351527) Journal

          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.

          • by Toad-san ( 64810 )

            Reaction time? That woman could've been given the rest of the night to react and it would've made no difference. She was totally oblivious to that oncoming car. Despite what appears to be flaws or faults in the "autonomous" driving mechanics or software, she was as much to blame for that as anyone. Given that perhaps the video is darker than it would have appeared in real life, I still don't see how a human driver (e.g., me, and I'm neither careless nor slow) could've avoided her.

            But yeah, payoff is pro

          • by Anonymous Coward

            Actually, they were 2 mph under the limit. Or maybe 7mph; I've heard conflicting stories about whether the limit was 35, 40, or 45.

            The accident would have been prevented by a human driver taking their foot off the gas when they saw the woman start crossing the road. Not reduced, prevented. There was plenty of time to avoid it entirely...if only someone had been watching.

        • by Anonymous Coward

          If it had been an unmodified version of the car, it's basic crash avoidance tech would have saved her life. Uber's tech is apparently worse than what currently exists on production vehicles.

    • 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 [wikipedia.org].

    • The company, maybe... the car, definitely. [youtube.com]
      • by hawk ( 1151 )

        Judge: How does the defendant plea?

        Car: *beep*

        Judge: I need a guilty or not guilty.

        Car: [*flips windshield wipers, splashing a bit onto prosecutor*}

        Prosecutor: Your honor!

        Judge: Enough of that. I need a plea *now*!

        Car: [shudders and squirts a quart of oil, fouling the prosecutor's shoes]

    • by Keith_Beef ( 166050 ) on Friday March 30, 2018 @03:13AM (#56351843)

      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.

  • and the ford one will just payout vs fixing issues as it costs less.

  • It's barely been two weeks. I don't think either party is doing themselves any favours by settling so quickly. The family might barely have had time to grieve, which could (or maybe it couldn't, IANAL) leave Uber open to having the original settlement discarded if they change their minds. It also just makes Uber look pretty shady that they just mumble some apologies and throw a ton of cash at the problem.

    • by mamono ( 706685 )
      The woman was homeless, so I'm willing to bet that her family smelled money and decided to cash in quick. I bet that Uber got a hell of a bargain because they would have likely settled for an extremely low amount, likely less than $100,000.
    • 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 ethica

      • 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.

  • If this was in Tanzania, they could have gotten out by payment of 47 cows to the victim's family. It's good to see we are so much more civilized in the West.
  • Comment removed (Score:5, Interesting)

    by account_deleted ( 4530225 ) on Thursday March 29, 2018 @04:42PM (#56349425)
    Comment removed based on user account deletion
    • The point is: lawyer up and don't settle.

      That works when the other party is actually at fault. It doesn't work when there's documented evidence that you're suing on behalf of someone who jumped out in front of traffic, and absolutely nobody could have avoided hitting her.

      It makes economic sense for Uber, because just responding to discovery requests is likely more expensive than paying out something relatively nominal, even if they weren't at all at fault. But if you don't settle when you really have no case, you eventually get absolutely nothing.

      • I see the trolls are out again trying to save the self drive industry. So explain to us again how LIDAR cannot see in the dark?

        And I'll say again, Uber got super lucky it was a homeless person. The shlitterbahn guys got arrested when their water slide killed someone, who just happened to be the kid of a senator. This is what should happen here as well. Uber downgraded the LIDAR for cost saving. Wonder if it saved em more than the payout to family?

        • by dougmc ( 70836 )

          Where Uber got *super* lucky is that the person that they hit was actually breaking the law by jaywalking.

          Allegedly the car didn't even stop after the collision -- the human sitting in the driver's seat had to stop the car.

          Given that the self-driving stuff probably relies on LIDAR to detect things like cyclists, it sounds like the system may not have even detected a cyclist riding down the road in the proper way with proper lighting as required by law and would have run them down. Had that been the case, t

    • by Rick Schumann ( 4662797 ) on Thursday March 29, 2018 @05:05PM (#56349545) Journal
      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.
    • 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 ri

      • by dougmc ( 70836 )

        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).

        If a human driver had had this collision with no dashcam showing them on the phone -- there would be no settlement.

        In fact, the insurance company might sue the estate of the deceased for damages to the car if they thought there was some money to get.

        But ... this case is different. The self-driving car that should have been able to trivially avoid this collision, the inattentive "driver" (and evidence to that effect), the self-driving computer that probably kept logs of every little part of its decision mak

      • by Kjella ( 173770 )

        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.

        Well if I was a Uber lawyer I'd point out that despite all the things they could, might or should have done, any liability would depend on the legally required minimum of what they must do. So the family might drag Uber through the gutter, but in the end is anyone going to claim it's Uber's fault? I think they might have underestimated the Streisand effect, as a result of this NDA they probably can't say nothing. But I'm guessing they could make as much or more talking to the media, even if the actual case

      • A majority of pedestrian fatalities involve a vehicle wouldn't settle primarily because the majority of pedestrian fatalities occur because the pedestrian makes a violation of the law which creates the potential for the accident occur. If it came down to a lawsuit the question that would be hashed out is who is more at fault for the accident and the reality is that the pedestrian is almost universally more at fault because they crossed the road in violation of the law creating a binary situation of no accid

      • by q4Fry ( 1322209 )

        ... Doubly so that there was an employee Uber was able to throw under the bus for this. ...

        Is the bus self-driving, too?

    • 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.

      Depends on your objective.

      If you want to expose and fix the underlying issue then by all means drag out the process.

      If you just want the maximum settlement then your question becomes what has most value to the company. And the most valuable thing to the company is a quick and quiet settlement that kills the story. They should, in theory, be willing to pay a big premium to make the problem go away and avoiding another ugly news cycle.

      This of course assumes you have a competent legal team who didn't let you g

  • by uncqual ( 836337 ) on Thursday March 29, 2018 @05:00PM (#56349519)

    ...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.

    • Seriously?

      Don't you think the terms of a settlement of this nature would preclude any further civil action on behalf of either party related to this incident? Are you seriously suggesting that Uber would cut them a check then go after them for the damage to the vehicle?

      Get real.
      • by uncqual ( 836337 )

        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

      • by brunes69 ( 86786 )

        What he is suggesting is that if there was a human behind the wheel, there would be no lawsuit here, as anyone who has seen the dashcam footage would know. This woman would have died with a human driving as well since she was extremely stupidly jaywalking across a four lane freeway under pitch black conditions.

        No human could have reacted fast enough to not kill her, and no human would be found at fault, so there would be no settlement.

        The only reason it is in the news, and being settled, is because it was a

  • It doesn't matter who's at fault here. Uber can afford to pay the family whatever they want. Going to court is not worth the bad publicity.

  • And that's good news. If each iOS 11 bug costs a life, Earth population is at risk.
  • I'm sure this came from NVIDIA's coffers, too.
  • by Koreantoast ( 527520 ) on Friday March 30, 2018 @09:30AM (#56352997)
    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.

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