ARIZONA NEWS

Family of woman killed in Tempe Uber self-driving accident seeks $10M

Feb 4, 2019, 7:03 AM | Updated: 3:14 pm
(Twitter Photo/@NTSB_Newsroom)...
(Twitter Photo/@NTSB_Newsroom)
(Twitter Photo/@NTSB_Newsroom)

PHOENIX – The family of a woman who was hit and killed by a self-driving Uber vehicle last year has filed a $10 million complaint against Tempe.

The widow and daughter of Elaine Herzberg, 49, said in the claim, which is a precursor to a lawsuit, that the city was liable because it failed to “exercise reasonable care” to make the area where she was struck safe for pedestrians.

A brick walkway in the median didn’t align with the any crosswalks, a photo from the National Transportation Safety Board showed.

Herzberg was hit March 18 as she crossed Mill Avenue near Curry Road. She was not in the crosswalk, police said, but the safety driver behind the wheel was watching a TV show on a phone just before the accident.

The car had been going around 40 mph.

(Google Maps)

Video of the crash showed Herzberg visible in the car’s headlights walking her bicycle across the street. Video point of view switched to the driver, who was looking down, then up.

Rolf Ziemann and Christine Wood each were seeking $5 million to settle Herzberg’s “wrongful death,” the court document said.

The claim read in part:

The City of Tempe created the hazardous condition of a dangerous walkway. Then they failed to (1) provide a crosswalk; (2) properly light the area so drivers could see pedestrians using the walkway; and (3) provide any other modifications that would have permitted safe crossing.

The City of Tempe knew or should have known that pedestrians would use the break in the median to cross the street.

Arizona Gov. Doug Ducey ordered the ride share to stop its autonomous-mode driving tests in the days after the fatal accident.

The East Valley city has 60 days to respond.

Lifetime Windows & Doors

We want to hear from you.

Have a story idea or tip? Pass it along to the KTAR News team here.

Arizona News

(Facebook photo: Steak 44)...
KTAR.com

6 Arizona restaurants make OpenTable’s best date night spots

Teaming up with the app Bumble, OpenTable came up with the best 100 spots for a date night, with six Arizona restaurants making the list. 
1 day ago
(Pixabay Photo)...
KTAR.com

Suspect charged in carjacking, shooting at Target parking lot in Peoria

A suspect was charged Friday in the carjacking and shooting at a Target parking lot in Peoria, authorities said.
1 day ago
FBI agents in Chattanooga, Tennessee, plan out Operation Cross Country investigative activities....
KTAR.com

Phoenix FBI agents find 17 human trafficking victims as part of Operation Cross Country

Phoenix-based FBI agents located 17 adult victims of human trafficking last week as part of a nationwide enforcement campaign, authorities said.
1 day ago
FILE - A boat cruises along Lake Powell near Page, Ariz., on July 31, 2021. (AP Photo/Rick Bowmer, ...
Associated Press

2 killed, 5 injured when plane crashes into Lake Powell near Arizona-Utah border

Two people were killed and five others injured after a small plane crashed into Lake Powell near the Arizona-Utah border, authorities said.
1 day ago
Virginia Walker, 64, was last seen in Phoenix on Friday. (Phoenix Police Department Photo)...
KTAR.com

Silver Alert canceled for 64-year-old woman last seen in Phoenix

Authorities said a Silver Alert for a woman who went missing in Phoenix late last week has been canceled after she was found safe Monday.
1 day ago
(Facebook Photo/Phoenix Fire Department)...
Taylor Kinnerup

Phoenix Fire Department response times increasing due to lack of resources, population growth

Phoenix Fire Department leaders are sounding the alarm over a lack of resources, which is leading to an 80% increase in call response times as the Valley’s population continues to boom.
1 day ago

Sponsored Articles

...
Day & Night Air Conditioning, Heating and Plumbing

Ways to prevent clogged drains and what to do if you’re too late

While there are a variety of ways to prevent clogged drains, it's equally as important to know what to do when you're already too late.
...
Mayo Clinic Orthopedics and Sports Medicine

Why your student-athlete’s physical should be conducted by a sports medicine specialist

Dr. Anastasi from Mayo Clinic Orthopedics and Sports Medicine in Tempe answers some of the most common questions.
(Courtesy Condor)...
Condor Airlines

Condor Airlines shows passion for destinations from Sky Harbor with new-look aircraft

Condor Airlines brings passion to each flight and connects people to their dream destinations throughout the world.
Family of woman killed in Tempe Uber self-driving accident seeks $10M