Simples. Charge both Uber and the driver
Uber disconnected the autobraking system and required the driver to annotate the drive experience on a touchpad. They, and maybe because that's because they were expecting her to be taking notes, totally failed to enforce good driver attention, despite having a recording video that shows her looking down and away. You're on a job and you know you are on video and yet you goof off? Somebody didn't tell her to take her job seriously. What were her qualifications? We know she's an ex-con - not a something negative in itself, reinsertion is important - but did she have the training and education to be doing this? Or was she just cheap for Uber to employ, in a position that was mandated by law, but considered onerous by Uber?
If she was watching entertainment, it's entirely her fault but probably due in no small part to her feeling that she could get away with it. This lack of oversight - in a job where the job profile is pretty much conducive to folk slacking off by its very nature - and the overall lax safety attitude we've perceived from Uber so far well warrants Uber getting sued. Those facts can come out in court.
If she was indeed watching entertainment, then she should be charged for distracted driving causing death. This local police department was also quick to absolve Uber, very early in the investigation, so they seem quite sloppy and a court should also look at the evidence.
The driver said it was like a flash, the person walked out in front of them. His [sic] first alert to the collision was the sound of the collision. [...] it’s very clear it would have been difficult to avoid this collision in any kind of mode (autonomous or human-driven) based on how she came from the shadows right into the roadway.
— Chief Sylvia Moir, Tempe Police, San Francisco Chronicle interview, March 19, 2018
While we are at it, maybe review also what steps the Arizona DMV took to ensure public safety. Did they just trust Uber? Uber? They don't necessarily need to be sued, but a hearing should disentangle the facts about which steps Uber was tasked to take to ensure public safety. If a state like Arizone can regulate hair dressers, surely it can regulate autodriving cars. https://boc.az.gov/licensing