I find extremely hard to believe it wasn't top of mind for the Uber engineers. I think it's more likely they just fucked it up or deliberately ignored it and are letting the NTSB think it was negligence because it's a less harmful outcome for them.

Sure, that's what the driver's ed classes drill in, but it's not true that it's always the driver's fault.

The German law still has some notion of whether a driver could have prevented an accident or not. Not all situations are the fault of the driver.

Extreme example: If somebody runs into your car on the Autobahn that's not your fault.

I've seen that happen (on a 4-lane hwy): a drunk who apparently tried to jump under a bus, but reacted so late he nearly missed it; as it were, he stumbled into the side (and rebounded to the wayside). Quite improbable, yet there we were.

> Legally pedestrians must use marked crossings when available and are told to check both ways, but if a driver hits a pedestrian, it's always the driver's fault (though the pedestrian might share some blame in some circumstances but never the full liability).

It's theoretically the same in most US jurisdictions. However, it's not what the law says that matters; it's what the police will actually do, and in practice, there is a very strong tendency to blame the pedestrian for any accident.

> Anything from "children run onto the street to chase after a ball they were playing with" to "pedestrian jumping out between cars because they didn't see you" or "tram stops in the middle of the road and people exit onto the street".

What about "drug impaired people going onto the autobahn at night wearing dark clothes in a section unilluminated by street lights" which is what I believe happened here?

It's near impossible to enter autobahn without a car or other motorized vehicle. I am not sure what kind of road the victim was following but it surely wouldn't compare to autobahn. Was it a highway with free entrance for bicycles and scooters?

its quite easy to enter it on foot - unless you mean "unintentionally" then I agree with you.

From the video, the road has sidewalks, so it's reasonable to expect pedestrians.

> at night wearing dark clothes

This implies the woman was not easily spotted. She was, at > 5 seconds to impact - plenty of time for a braking or avoidance maneuver.

You believe incorrectly. Nearly every word of what you typed was wrong.