21 Feb 2019 06:44 AM EST

The family of the 49-year-old woman who was killed by one of Uber’s self-driving prototype cars in 2018 has filed a $10 million lawsuit against the city of Tempe, Arizona, where the accident took place. The family of Elaine Herzberg claims the paved median in the middle of North Mill Avenue encouraged Herzberg to jaywalk and contributed to her death. Uber’s Volvo XC90-based autonomous prototype struck and killed Herzberg on March 18, 2018. Investigators concluded the accident was “entirely avoidable.” In-car video footage revealed the safety driver was watching a tv show on Hulu instead of paying attention to the road. Uber settled with Herzberg’s family less than two weeks after the accident.