> I can't see how this is not clear cut negligence.
1) The driver is a woman.
2) While I think the driver does bear some fault here, they don't bear all the fault. Uber designed an unsafe system that relied on an unnatural amount of vigilance from a single person while simultaneously discouraging that vigilance [1]. They didn't design the car to shut down when one of it's critical safety components (the driver) was not operating correctly, and they didn't even give that driver amphetamines or something to increase their vigilance to artificial levels.
[1] Basically: pay close attention to a boring process while doing absolutely nothing for hours on end. I'm pretty sure that's a classic "humans suck at this" task.