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The suit was filed by Elizabeth Herzberg’s daughter and husband on Monday, the year anniversary of Herzberg’s death.

TEMPE, AZ (3TV/CBS 5) - The family of the woman who was hit and killed by a self-driving Uber SUV last year in Tempe filed a lawsuit against the City of Tempe and the state of Arizona.

The suit was filed by Elizabeth Herzberg’s daughter and husband on Monday, the year anniversary of Herzberg’s death.

Documents site three counts of negligence. The family blames the state for not having enough oversight for testing the autonomous Uber vehicle program.

“There was inadequate oversight regarding driverless vehicles on Arizona roadways,” the documents read. “Any oversight provided by a committee, ADOT, or DPS or City official was insufficient and placed an unreasonable (sic) high risk of harm to the citizens of Arizona.”

The lawsuit also claimed Arizona and Tempe didn't provide safe roads.

“The State and City have failed to make roadways safe, allowing autonomous vehicles to operate on public roadways in an unsafe manner,” the paperwork read.

Finally, the court documents claim the City of Tempe had a median design that encouraged jaywalking with brick paved walkways but no crosswalks or street lighting.

The City of Tempe said it doesn't discuss pending litigation.

Footage from the self-driving Uber vehicle’s dash cam shows the moment 49-year-old Herzberg was struck and killed as she was walked her bicycle across the road near Curry Road and Mill Avenue in March 2018. Rafaela Vasquez was behind the wheel while the vehicle was driving, and according to court documents, was watching "The Voice" right before the crash. The Maricopa County Attorney's Office is still investigating whether she will be charged.

[RELATED: Analysis needed of video from deadly Uber crash, prosecutors say]

Herzberg's death is believed to be the first death of a pedestrian struck by one of these autonomous vehicles.

Earlier in February, it was announced the family filed a notice of claim seeking $10 million. The court documents were filed last fall.

[MORE: Family of woman struck, killed by self-driving car in Tempe file $10M claim against City]

In the new suit, the family requests that wrongful death damages be determined by a jury at trial.

March's lawsuit went on to mention the executive order that Gov. Doug Ducey signed in 2015, supporting the testing and operation of self-driving cars.

The document also refers to an update to the 2015 executive order the governor put in place a few weeks prior to Herzberg’s death.

“Governor Doug Ducey’s executive order was negligently implemented, without sufficient investigation into the safety of Uber Technologies Inc.’s autonomous vehicles,” the document read.

The family has already reached a private settlement with Uber.


Copyright 2019 KPHO/KTVK (KPHO Broadcasting Corporation). All rights reserved.


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(3) comments


This family is trying to get every penny from a town that shouldn't have to pay for this, Uber settled with the family, shouldn't that be enough "money" for the family. What you want to make money of her dieing? wow


The women killed in this accident was jaywalking across the road at night. The city should not be the responsible for her negligence. The victim in this accident was homeless and living on the streets. It sure seems like her daughter and son in law didn't care for her until now that they see an opportunity to cash in.


stop making sense.

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