NTSB Probes Fatal Uber Crash, Company Could Face Charges

TEMPE, AZ – Uber could face criminal charges in the crash Sunday in which one of its cars killed a pedestrian. Governor Ducey signed an executive order that went into effect on March 1 stating that corporations can be treated as "person" subject to the laws of the state.

The move was in response to criticism that Ducey had been too lenient in his approach to attracting companies looking to test self-driving cars in the state. In addition to Uber, Google, Intel, and other companies have set up shop in Arizona because of the favorable weather conditions.

A four-person team from the National Transportation Safety Board arrived and as started work. They will "examine vehicle factors, human performance and electronic recorders."

Around 10 p.m., on Sunday night, a self-driving Uber struck and killed 49-year-old Elaine Herzberg as she walked her bicycle across Mill Avenue by Curry Road in Tempe.

The car was going approximately 40 mph and showed no apparent signs of slowing down significantly, Tempe police said.

While it was in self-driving – or "autonomous" – mode, the car did have a diver identified as 44-year-old Rafaela Vasquez. While not driving, Vasquez was supposed to be there as a safety backup.

As first reported by the Arizona Republic, Vasquez was released from prison in 2005 after serving almost four years after being convicted of attempted armed robbery.

While Arizona does not have a law prohibiting rideshare companies from hiring felons, others such as California do.

The investigation into what happened continues.

Tempe police have backed off comments made by the police chief that it did not appear that Uber was at fault.

The police department does not determine fault. That will be decided by the county attorney's office, which is investigating.

Uber is cooperating with police to figure out what went wrong.

"Our hearts go out to the victim's family," Uber said in a statement. "We're fully cooperating with Tempe Police and local authorities as they investigate this incident."

It is the first known instance of one of Uber's driverless cars striking a pedestrian. The company also has the vehicles operating in several other cities including San Francisco and Pittsburgh.

Uber added that they are suspending the use of all self-driving cars while the investigation is underway.

The company started testing the cars in Arizona in February 2017. The following month, one was involved in a crash. It was determined the self-driving car was not at fault. Another car had failed to yield.

Photo of NTSB investigators examining the car from the fatal crash via the NTSB..