They are also responsible for the test setup, the behavior and training of their employees.

If all their drivers, which ultimately are the latest safety when everything fails, are routinely not following the process that is an issue.

Maybe you need to have 2 drivers, maybe you need to randomly monitor the behavior of the driver remotely, but you have to demonstrate some active measures your took, to demonstrate the safety of the test. You cannot just say "not my fault".

I am not saying that Uber have not followed a rigorous procedure I don't know. But saying it is their fault or not seems a bit premature.