Following the recent case of a self-driving Uber hitting a woman on a bicycle, resulting in her death, a preliminary investigation by Tempe police has revealed that the Uber is not at fault in the incident.

“The [backup] driver said it was like a flash, the person walked out in front of them. His first alert to the collision was the sound of the collision,” said Sylvia Moir, police chief in Tempe, Arizona, in a report by the San Francisco Chronicle. During the incident, the autonomous Volvo XC90 was moving at 61 km/h (38 mph) in a 56 km/h (35 mph) zone.

According to Tempe police, the vehicle’s systems and backup driver made no attempt to slow down prior to hitting 49-year-old Elaine Herzberg. Based on video evidence taken from the vehicle’s onboard cameras, Moir said, “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.”

She added that the incident took place within 100 yards of a crosswalk, and noted, “it is dangerous to cross roadways in the evening hour when well-illuminated, managed crosswalks are available.”

“I suspect preliminarily it appears that the Uber would likely not be at fault in this accident. I won’t rule out the potential to file charges against the (backup driver) in the Uber vehicle,” Moir said, adding did it was “new ground to venture” should the self-driving car be found at fault.

For now, Tempe police will collaborate with investigators from the National Transportation Safety Board and the National Highway Traffic Safety Administration in probing the accident. Uber, which is conducting autonomous vehicle tests in Arizona, Pittsburgh, Toronto and other areas, has already stopped testing the vehicles throughout North America.