that seems to be the situation with Uber killing that woman. If i remember correctly they said that the emergency braking was disabled and they hoped on the driver taking over (and the driver was probably asleep or something like this as the woman had been for several seconds crossing those 2 lanes while being highlighted by the car's headlights - the video that Uber published and which let them off so easy obviously comes from a low sensitivity configured camera and doesn't correctly reflect the normal sensitivity of human eyes and what humans see in car headlight's field)