Tesla, the electric car maker known for its futuristic vehicles and visionary CEO Elon Musk, is bracing for two lawsuits that could challenge its claims about the safety and performance of its Autopilot system, a semi-autonomous driving feature that can steer, accelerate and brake on highways.
The first trial, scheduled for mid-September in California, involves a 2019 accident that killed Walter Huang, a 38-year-old engineer, when his Model 3 veered off the highway and hit a palm tree. The second trial, set for early October in Florida, involves a 2019 accident that killed Jeremy Banner, a 50-year-old chiropractor, when his Model 3 drove under a truck trailer that had pulled into the road.
Both lawsuits allege that Tesla’s Autopilot failed to prevent the crashes and that Tesla misled consumers about the system’s capabilities and limitations. The plaintiffs claim that Tesla marketed Autopilot as a fully autonomous self-driving system, while in reality it required constant human supervision and intervention.
“Tesla has repeatedly exaggerated the autonomous capabilities of its vehicles, while failing to account for the foreseeable misuse of this technology by drivers,” said Mark F. Anderson, a lawyer representing Banner’s family.
Last month, Musk told investors that “I know I’m the boy who cried FSD, but, man, I think we’ll be better than human by the end of this year.”
Tesla’s website states that “the currently enabled Autopilot, Enhanced Autopilot and Full Self-Driving features require active driver supervision and do not make the vehicle autonomous.”
The trials will probably uncover fresh evidence regarding what Musk and other Tesla officials were aware of regarding Autopilot’s performance and risks. The plaintiffs have requested access to internal documents, emails, and communications that could provide insight into how Tesla developed, tested, and promoted Autopilot.
“We’re finally going to get access to documents that show what Tesla and Elon Musk knew about Autopilot and when they knew it,” said Mike F. Allweiss, a lawyer representing Huang’s family.
In 2016, a few months following a tragic incident in which a Tesla collided with a semi-trailer truck, Musk informed reporters that the automaker was enhancing Autopilot by incorporating more advanced radar sensors, which would have probably averted the unfortunate loss of life.
Adam Gustafsson, a Tesla Autopilot systems engineer who investigated both accidents in Florida, stated that no modifications were made to Autopilot’s systems to address cross-traffic in the nearly three years between the 2016 crash and Banner’s accident, as per court documents submitted by plaintiff lawyers.
The lawyers tried to blame the lack of change on Musk. “Elon Musk has acknowledged problems with the Tesla autopilot system not working properly,” according to plaintiffs’ documents. Former Autopilot engineer Richard Baverstock, who was also deposed, stated that “almost everything” he did at Tesla was done at the request of “Elon,” according to the documents.
The trials could also impact Tesla’s ambitious goal of achieving full self-driving capability soon. Musk has consistently stated that Tesla is nearing the release of a software update that would enable its vehicles to drive autonomously in any scenario, without human intervention. Additionally, he has mentioned Tesla’s plan to introduce a robotaxi service, allowing owners to rent out their cars as self-driving taxis.
However, some experts have questioned whether Tesla’s approach to self-driving is feasible and safe. Tesla relies mainly on cameras and software to perceive the environment, while most other companies use lidar, a laser-based sensor that can create high-resolution maps of the surroundings. Tesla also does not use high-definition maps or geofencing to limit its vehicles to certain areas or conditions.
The National Highway Traffic Safety Administration will resolve its two-year investigation into Tesla Autopilot and could make a public announcement soon, the agency’s acting head told Reuters on Aug. 24.
“We’ll get to a resolution [of the Tesla probe],” Acting NHTSA Administrator Ann Carlson said.
The trial’s result may impact Tesla’s reputation, customer loyalty, and regulatory scrutiny. It could also shape the public’s perception of self-driving technology and its potential advantages and challenges. With more companies entering the autonomous vehicle development race, Tesla faces high stakes in demonstrating the feasibility and safety of its future vision.
Relevant articles:
- Tesla braces for its first trial involving Autopilot fatality, NBC News, Aug. 28, 2023
- Tesla Speeds Toward Twin Trials Over Autopilot-Related Crashes, Ars Technica, Aug. 28, 2023
- Tesla faces major roadblocks in its full-self-driving plans, MSN, Aug. 28, 2023
- Lawsuit Alert: Tesla Model 3 Autopilot Defect Causes Deaths, Suit Alleges, MotorBiscuit, Apr. 6, 2023