Tesla’s Autopilot: A Technological Advancement or a Liability?

Since introducing its revolutionary “Autopilot” hardware in vehicles produced in September 2014 or later, and with its subsequent first meaningful Autopilot software update released in October  2015, Tesla has gained both enthusiasts and skeptics when it comes to its technological advancements.

The first fatal crash involving Tesla’s Autopilot occurred less than one year after its level 2 advanced driver assistance system (ADAS) release in 2015.

Tesla’s Autopilot Causes Another Fatal Crash

One of the latest fatal crashes took place on February 18, 2023, when the driver of a Tesla Model S crashed against a fire truck.

Genesis Giovanni Mendoza-Martinez was driving northbound on interstate-680 when it crashed into a Contra Costa County fire truck. The accident happened while fire crews were parked at the scene of a previous accident and the Tesla was on autopilot mode. The impact killed the driver, and left a passenger critically injured.

Following the incident, the national highway safety administration deployed a special crash investigation team to look into the accident. This was part of a larger investigation by the agency into multiple instances of Tesla’s crashing into parked emergency vehicles while on autopilot.

The family of the deceased sued Tesla in October alleging that the company’s marketing was misleading and exaggerated the capabilities and safety of their Autopilot mode in order to “generate excitement about the company’s vehicles”. Tesla’s legal team cited the driver’s own negligence as the cause of the accident and claimed Tesla vehicles have a safe design, compliant with state and federal laws.

Understanding Tesla’s Autopilot

An autopilot system, or advanced driver assistance system (ADAS) is designed to assist the driver behind the wheel. It can help make drives more pleasant, convenient, and relaxing. But, to date, no commercially available vehicle is equipped with a fully autonomous system.

Autopilot systems may help drivers experience overall safer drives. They include features like crash avoidance technology, lane assist, active blind spot detection, and emergency stops. However, it is still imperative for drivers to supervise their vehicle. These features, while advanced, do not make a vehicle autonomous.

Tesla’s newest development is their Full Self-Driving mode. However, even this mode is not intended to make a vehicle fully autonomous, and drivers are required to stay attentive. According to Tesla, “Your vehicle will be able to drive itself almost anywhere with minimal driver intervention and will continuously improve”, but, at this time, they do not promise completely unassisted driving.

Autonomous vs. Automated

While often used interchangeably, autonomous and automated driving differ in their capabilities. Automated systems follow pre-defined instructions. However, autonomous driving is more flexible and can make independent decisions as required by new situations.

While Tesla’s systems are making significant strides toward autonomous driving, none of their vehicles are considered fully autonomous. Currently, only self-driving cars, like Waymo’s robotaxis, are considered fully autonomous vehicles.

Autonomous Driving and Personal Injury

Self-driving car accidents involve complex legal and technical factors that require specialized expertise. When an autonomous vehicle is involved in an accident, questions arise regarding liability, legal rights, and legal resources.

Traditional car accidents place liability on a driver’s negligence. However, when dealing with an autonomous vehicle, several parties could be liable. 

Parties that could be held liable include:

• The Owner: Owners are responsible for maintaining their vehicles and using autonomous features properly. If owners are found negligent, they might bear partial or full responsibility.
• The Manufacturer: In cases in which an accident stems from a design flaw or a hardware malfunction, the manufacturer may be held accountable under product liability laws.
• The Software Developer: If the self-driving software is found to have glitches, flaws, or inadequate safety protocols, the developer could face legal consequences.
• Third Parties: If accidents involve other drivers, pedestrians, or poorly maintained roadways, liability might extend to the parties responsible or negligent.

Senate Bill No. 1298: Operating and Testing Autonomous Vehicles in California

This bill was signed into law on September 25, 2012. It aims to establish regulations for the operation and testing of autonomous vehicles in California—both with and without a driver. Some key points include:

• Testing of Autonomous Vehicles: Licensed drivers are allowed to test these vehicles on public roads. They must monitor the vehicle and be ready and able to take control in case of failure. 
• Approval Process: In order to operate autonomous vehicles on public roads, manufacturers must submit their application to the Department of Motor Vehicles (DMV).
• Regulations: “To encourage innovation and promote road safety, the Autonomous Vehicles branch of DMV establishes regulations governing autonomous vehicle testing and deployment on California roads.” To learn more about these regulations, you can visit the DMV’s website.
• Insurance Requirements: Manufacturers must provide and maintain proof of insurance or a self-insurance bond for $5M.
• Public Disclosure: Requires manufacturers to disclose what information is collected by the vehicle’s autonomous technology.
• Other Requirements: The DMV may impose additional requirements for testing, registering, and licensing autonomous vehicles.

The Role of a Personal Injury Lawyer

The added complexity of an autonomous vehicle accident makes consulting an experienced lawyer a crucial step of the process. An attorney who specializes in handling cases involving automated driving systems or autonomous vehicles can advise you on the best course of action. They can also help gather evidence, establish liability, and maximize the compensation you receive for your autonomous vehicle accident claim.

If you’ve been injured in a self-driving car accident, you don’t have to face the legal complexities alone. At Adamson Ahdoot, we provide the personal attention of a boutique law firm with the resources of a larger practice.

We have over 100 years of combined legal experience. Our team is dedicated to helping injury victims secure the compensation they deserve. We offer advice in both English and Spanish to ensure accessibility for all clients. Whether it’s holding autonomous vehicle manufacturers accountable or navigating personal injury claims, we’re here to fight for your rights.

Call us at (800) 310-1606 to get a free consultation. Let us provide the support, advocacy, and expertise you need to move forward.