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Uber driver who was watching The Voice as she plowed a self-driving car into a homeless woman and killed her is charged with homicide

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An Uber driver who was watching The Voice on her phone as she plowed a self-driving car into a homeless woman and killed her has been charged with negligent homicide. 

Rafael Vasquez, 46, who also goes by Rafaela, was charged over the 2018 crash in Tempe, Arizona, that killed 49-year-old Elaine Herzberg.

Herzberg died March 18 when she was struck by the front right side of the Volvo while walking a bicycle across a street at night.  

Vasquez was acting as a back-up safety driver behind the wheel of the self-driving Uber Technologies test vehicle and was supposed to take control of the vehicle if anything went wrong.

Rafael Vasquez, 46Elaine Herzberg, 49

Rafael Vasquez, 46, who also goes by Rafaela, was charged over the 2018 crash in Tempe, Arizona, that killed 49-year-old Elaine Herzberg

Vasquez pleaded not guilty on Tuesday after she was charged over the death of Herzberg on August 27, court records show.   

She was released pending trial set for February 2021. 

A Tempe police report previously said Vasquez was repeatedly looking down instead of keeping her eyes on the road before she struck Herzberg.   

Police said the crash was 'entirely avoidable' and that Vasquez was streaming 'The Voice' TV program at the time of the crash on her phone.

In November, the National Transportation Safety Board faulted Vasquez's inactions and Uber for inadequate attention to safety and decisions in the company's autonomous vehicle development.

The NTSB said the probable cause was Vasquez's failure to monitor the driving environment 'because she was visually distracted throughout the trip by her personal cell phone.' 

She was supposed to act in the event of an emergency. 

National Transportation Safety Board (NTSB) investigators inspect the vehicle in 2018. Vasquez - the Uber driver who was watching The Voice on her phone as she plowed a self-driving car into a homeless woman and killed her - has been charged with negligent homicide

National Transportation Safety Board investigators inspect the vehicle in 2018. Vasquez - the Uber driver who was watching The Voice on her phone as she plowed a self-driving car into a homeless woman and killed her - has been charged with negligent homicide

Vasquez was acting as a back-up safety driver behind the wheel of the self-driving Uber Technologies test vehicle and was supposed to take control of the vehicle if anything went wrong

Vasquez was acting as a back-up safety driver behind the wheel of the self-driving Uber Technologies test vehicle and was supposed to take control of the vehicle if anything went wrong

However, Uber also made a series of development decisions that contributed to the crash's cause, the NTSB said. 

The software in the modified Volvo XC90 did not properly identify Herzberg as a pedestrian and did not address 'operators' automation complacency.'

Uber's move to deactivate the automatic emergency braking systems in the Volvo XC90 vehicle also increased the risks, relying instead on the back-up driver. 

This came after prosecutors in March 2019 said Uber was not criminally liable in the crash.

'Distracted driving is an issue of great importance in our community,' said Maricopa County Attorney Allister Adel. 

'When a driver gets behind the wheel of a car, they have a responsibility to control and operate that vehicle safely.' 

Herzberg's death is the first recorded involving a self-driving vehicle and has prompted significant safety concerns about the autonomous vehicle industry. 

Uber shuttered its autonomous car testing program in Arizona following the incident.  

Herzberg died March 18 when she was struck by the front right side of the Volvo while walking a bicycle across a street at night. Footage taken moments before the crash

Herzberg died March 18 when she was struck by the front right side of the Volvo while walking a bicycle across a street at night. Footage taken moments before the crash 

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