Skip to main content

Arizona city slammed with $10M lawsuit over fatal Uber autonomous car accident

Uber self-driving car
Image used with permission by copyright holder

The family of Elaine Herzberg, the 49-year-old woman who was killed by one of Uber’s self-driving prototypes in 2018, has filed a $10 million lawsuit against the city of Tempe, Arizona, where the accident took place. They claim the paved median in the middle of North Mill Avenue created a confusing, dangerous situation that encouraged Herzberg to jaywalk and contributed to her death.

Recommended Videos

Uber’s Volvo XC90-based autonomous prototype struck and killed Herzberg as she pushed her bicycle across the northbound lanes of North Mill Avenue on March 18, 2018. She was jaywalking while wearing dark clothing in the dark, but investigators concluded the accident was “entirely avoidable.” In-car video footage confirmed the safety driver was watching The Voice on Hulu instead of paying attention to the road ahead.

Christine Wood (Herzberg’s daughter) and Rolf Ziemann (Herzberg’s husband) are each suing Tempe for $5 million. They claim the median she crossed “has a brick pathway cutting through the desert landscaping that is clearly designed to accommodate people to cross at the site of the accident,” according to news outlet AZ Central. Had the pathway not been there, they argue, she likely would have crossed elsewhere. Since it was there, there should have been a crosswalk allowing pedestrians to safely walk across Mill Avenue.

The website added Tempe officials have since replaced the bricks with a landscape of rocks and plants, and they posted signs warning pedestrians to cross Mill Avenue only at designated crosswalks. The city hasn’t commented on the lawsuit.

Lawyers called Herzberg’s family’s case weak at best.

“Generally, the city is not obligated to warn people of open and obvious dangers. The obligation is in the other direction. People are obligated not to cross the street outside of crosswalks,” Logan Elia, an attorney at the Rose Law Group in Tempe, told AZ Central. “There’s nothing in the report as I read it that says the accident would have been avoided had there been a painted crosswalk,” he concluded.

Uber settled with Herzberg’s family (including Wood and Ziemann) less than two weeks after the accident, but the terms of the settlement weren’t made public. Arizona governor Doug Ducey suspended Uber’s authorization to test self-driving prototypes on the state’s roads after the accident, a setback which enabled rival Waymo to extend its lead.

Ronan Glon
Former Digital Trends Contributor
Ronan Glon is an American automotive and tech journalist based in southern France. As a long-time contributor to Digital…
You Asked: State of smartphone design, Slate Truck breakdown, and soundbars under $600
You Asked

On today’s You Asked: What's to come with the new Slate Truck and its potential availability? Is it worth the hype? Why does it feel like smartphone design and innovation has stalled recently? And why do directors think that ultra wide 21:9 is a good ratio for movies?
Slate Truck breakdown with John McCann
Some of you have been in touch to ask about the availability of the new Slate Truck. I'll go through the preorder process in a moment, but first, let's get everyone up to speed on this newly unveiled EV. What is it? What makes it stand out? And why is it generating so much buzz?
This is being touted as a sub-$20,000 electric truck after government incentives, and you’ll be able to customize it to your heart’s content. It stands out not so much for what it offers, but for what it doesn’t offer as standard. There’s just one trim and one paint color. No touchscreen, no stereo, no Bluetooth, no electric windows.

So, what do you get? There are two seats. There's a five-meter bed, good for payloads up to 1,400 pounds. There's AC, steel wheels, and hand-cranked windows, plus all the standard driver safety assists you’d expect from a modern vehicle. There’s a rear-mounted electric motor, a roomy frunk, and a battery rated for about 150 miles, according to Slate.
That isn’t great in the world of EV range, but a larger battery will be available to push that figure up to a more reasonable 240 miles. That bigger battery is just one of over 100 add-ons Slate is making available. These will be offered not just at the point of purchase but also at any time during your ownership, allowing you to swap and upgrade as your needs evolve.
Want to add a splash of color? Check out the vast range of vinyl wraps you can apply and remove from the truck at will. There’s also an SUV upgrade kit that converts your two-seater truck into a five-seater car. Inside, infotainment is strictly “bring your own device.” There’s no touchscreen, no built-in CarPlay, not even a stereo. Instead, you get a universal phone mount and a few USB ports. You can also add holders for a tablet if you want a bigger display, and a Bluetooth speaker if you want to listen to music while out for a drive.

Read more
ID. Buzz recall appears to have made automotive history
The VW ID.Buzz electric van.

The National Highway Traffic Safety Administration (NHTSA) has recalled almost 5,700 ID. Buzz electric vans because the VW-made vehicle has too much space in the back.

OK, let us explain. The U.S. regulator has found that the third-row bench seat of the ID. Buzz is ostensibly designed for two people and therefore has two seat belts built in. But it’s wide enough for three, and as a result, the NHTSA wants the German auto giant to make some changes so that it fully complies with the required safety standards.

Read more
My next car must have this Carplay and Android Auto feature, here’s why
Google Maps in full screen on the driver's second display on the Chevy Equinox 2025

I’ve been driving a Chevrolet Equinox 2025 SUV rental car for the past week, and it’s reminded me exactly what my next car needs. It runs Android Automotive, which I’ve already decided is a requirement in my next car, but the more convenient feature is arguably how Chevrolet has approached its CarPlay and Android Auto integration.

CarPlay and Android Auto offer immense benefits and virtually no pitfalls to drivers. They’re designed to bring your phone and its apps into your car, and make it easier to access up-to-date maps and traffic data without relying on often-archaic solutions implemented by your carmaker.

Read more