This is how I would deal with it if I was a regulator:
* Revoke Uber's license to operate - While they might not be found at fault, they have shown gross negligence by having an operator that doesn't observe the road, computer vision that can't sense a pedestrian crossing several lanes even when their LIDAR manufacturer says they could, and an algorithm which encouraged the car to speed 3 mph over the limit when it was dark conditions (that's when you are supposed to slow down due to decreased visiblity). I would then:
* Construct a test to be able to operate under day and night conditions. Periodically audit each operator to confirm they can pass this. This is essentially equivalent of a driving test but would be a controlled environment that simulates real cities. Maybe have robot humans to simulate pedestrians and obviously have other cars on the road.
* Require that operators test X miles of specific scenarios (city driving, highway, etc.) each month and audit their # of disengagements in each of these scenarios. When it his a threshold, their license is revoked and they need to go back to the lab. They should also submit videos of clips for all disengagements.
* Require all operators to have video on their safety operators and submit records of % of the time the operator has eyes on the road along with videos. Regulators can revoke license if they see issues with the the operator not paying attention.
We can't rely on a corporation to safely controlling their experiments, the regulators need to step up here. was uber doing anything for example, to make sure the operator was watching the road? The operator is looking down for most of the time during the crash video.