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Self-driving Uber likely not at fault in deadly Tempe crash, preliminary investigation shows | TribLIVE.com
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Self-driving Uber likely not at fault in deadly Tempe crash, preliminary investigation shows

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Nate Smallwood | Tribune-Review
Uber's self-driving car fleet is parked outside the company's office in the Strip District before a test drive for media on Sept. 20, 2017.
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Eric Risberg/AP
Police in a Phoenix suburb say one of Uber's self-driving vehicles has struck and killed a pedestrian.
ptruberdemo05092117
Nate Smallwood | Tribune-Review
Uber's self-driving car fleet is parked outside the company's office in the Strip District before a test drive for media on Sept. 20, 2017.
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Uber
Uber loaded its San Francisco fleet of self-driving cars on a self-driving Otto truck bound for Arizona.
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Tesla via AP
This photo provided by Tesla shows the front of the new electric semitractor-trailer unveiled on Thursday, Nov. 16, 2017. The move fits with Tesla CEO Elon Musk's stated goal for the company of accelerating the shift to sustainable transportation.

A preliminary investigation into a self-driving Uber that struck and killed a woman in Tempe, Ariz., has led police to believe that the autonomous vehicle was not at fault in the crash.

Tempe police Chief Sylvia Moir told the San Francisco Chronicle that Elaine Herz­berg abruptly walked into traffic just before the Uber SUV hit her Sunday.

“The driver said it was like a flash — the person walked out in front of them,” Moir told a reporter for the newspaper. “His first alert to the collision was the sound of the collision.”

Uber's fleet of self-driving cars remained grounded Tuesday in Tempe; Pittsburgh; San Francisco, where Uber is based; and Toronto, a company spokeswoman told the Tribune-Review. Uber had no comment on the early findings of the preliminary investigation.

In a statement late Tuesday, the Tempe Police Department emphasized that fault has not yet been determined officially and the investigation continues.

Detectives will submit their findings to the Maricopa County District Attorney's office to decide on any possible criminal charges.

“The investigation will address the operating condition of the vehicle, driver interaction with the vehicle and opportunities for the vehicle or driver to detect the pedestrian that was struck,” the Tempe Police Department statement said.

Herzberg, 49, who police suspect was homeless, is thought to be the first pedestrian killed by a self-driving car. The Uber was traveling at 38 mph in a 35 mph zone in autonomous mode and made no attempt to brake, according to the police department's preliminary investigation.

Moir said that the crash would have been difficult to avoid whether the car was in self-driving mode or not, based on videos she saw. The Uber had a camera on the street and another on the engineer behind the wheel. Moir said Herzberg came “from the shadows right into the roadway.”

No videos of the crash have been released.

Herzberg was pushing a bicycle across the street. The bike appeared to have several plastic bags attached to the front. Herzberg was not in a crosswalk.

While Moir said it is likely Uber would not be found at fault, she told the San Francisco Chronicle she would not rule out potential charges against the person behind the wheel of the car.

Tempe police, the National Transportation Safety Board and the National Highway Traffic Safety Administration are investigating the crash.

Federal officials will be in the Tempe area for the rest of the week but will not release any findings or determine the probable cause of the crash while there, police said.

“Those will come only after a comprehensive investigation of the gathered information and data analysis are complete,” the Tempe police statement said.