Rafaela Vasquez, the backup Uber driver in the autonomous vehicle, avoided a negligent homicide charge related to the 2018 crash that killed 49-year-old Elaine Herzberg.AP Photo/Ross D. Franklin A woman behind the wheel of a self-driving Uber that hit a pedestrian has been in legal limbo ever since. The operator faced negligent homicide charges after a 2018 crash killed 49-year-old Elaine Herzberg. Rafaela Vasquez on Friday pleaded guilty to endangerment in the case, avoiding prison time. A guilty plea entered Friday offered an answer to the once-hypothetical ethics question of who is responsible when a self-driving car kills a pedestrian.