Driver not looking at the road (as obvious in any automated vehicle). Might be wrong, but it looks like either the headlights are not the maximum setting, or t

Driver not looking at the road (as obvious in any automated vehicle). Might be wrong, but it looks like either the headlights are not the maximum setting, or they are broken or the camera is underexposing the picture. And complete software or hardware failure at detecting the obstacle. Definitely not a combination that should be driving on public roads at night. That said, the pedestrian is crossing outside of a crosswalk at night without looking at the road, so they are at fault as well. Note however that obviously even a terrible driving system like this one is extremely more likely to hit an unattentive than an attentive pedestrian (and in fact even more than a good driver, who tend to have accidents due to more exceptional circumstances than "neither party was looking at the road"), so that doesn't excuse Uber's fault, and actually makes their position worse.