Uber fatal Arizona crash ushers in a 'bold new world' for lawmakers: Judge Napolitano

A prosecutor in Arizona has decided not to charge Uber after one of its self-driving cars fatally struck a pedestrian last year.  According to Fox News senior judicial analyst Judge Andrew Napolitano it’s hard to prove Uber acted illegally.

"Uber is totally in the clear," Judge Napolitano told FOX Business’ Stuart Varney on Wednesday. "It's very difficult to prosecute a corporation, criminally... you have to show some corporate policy that was intended to cause the crime."

Although Uber appears to be off the hook, the safety driver in the vehicle could still face criminal charges, he said.

"In some states, somebody must go to jail if they caused an accident that resulted in a death... Arizona is not one of those states," said Judge Napolitano. “I don’t know what they are going to do with the… safety driver. They are still investigating her.”

In Judge Napolitano’s opinion the accident ushers in a "bold new world" of traffic-related accidents that will have to be regulated by legislative bodies.

“This is like when we went from horses and buggies to automobiles -- this is virgin territory,” he said. “And I don’t know if the legislators of each state are going to be ahead of the courts or the court,s which are going to get these cases, are going to be ahead of the legislators.”