Tesla has built its brand on the promise of cutting-edge technology and a driverless future with Autopilot and Full Self-Driving (FSD) features. Tesla even promises a future of Robotaxis, cars that will completely drive themselves while you sit back and relax, with Elon Musk claiming, “You can fall asleep and wake up at your destination.”
But as a trial is underway in Miami over a fatal 2019 crash involving Tesla’s Autopilot system, and California state regulators are arguing that Tesla should lose its license to sell vehicles in the state, it’s becoming more apparent that these features are not truly autonomous, not fully safe, and Tesla’s claims are dangerously misleading.
Miguel Custodio of CD Law was featured this week in an Associated Press story that ran nationwide, weighing in on the high-stakes trial in Miami over a fatal Tesla Autopilot crash. “I’ve seen punitive damages go to the hundreds of millions, so that is the floor,” Custodio told the AP. “It is also a signal to other plaintiffs that they can also ask for punitive damages, and then the payments could start compounding.”
In this tragic accident, driver George McGee reached down for his dropped cell phone while his Tesla Model S, on Autopilot, ran through flashing lights, a stop sign and a t-intersection at 62 miles per hour before killing Naibel Benavides Leon, who was stargazing. Through all of this, the Tesla vehicle never slowed down, and McGee even admitted he trusted the vehicle to take action if he was at the risk of hitting something. Attorneys say the Autopilot feature failed to warn the driver or apply the brakes as it was supposed to. Tesla claims the driver was distracted, so their vehicle is not at fault.
This is where the messaging gets muddy. Tesla tells drivers not to rely on Autopilot but the branding, the product names, and Elon Musk’s public statements imply that you can.
Miguel Custodio of CD Law says, “While other automakers have had lawyers draw up dreamy names to call attention to the fact that the car won’t drive itself, Tesla’s Autopilot seems like a bold declaration by comparison. The company has aggressively pushed to sell its vehicles based on that feature alone.”
Tesla has already settled at least four deadly Autopilot related crashes, but has also won two trials in California. The outcome of the Miami trial may signal whether juries are beginning to demand more accountability, as the judge is allowing the family of the victim to argue for punitive charges.
If the Miami jury sides with the plaintiffs, the financial consequences for Tesla could be steep and set a precedent for similar cases.
We want to remind you that regardless of the features your car claims to have, taking your eyes off the road is distracted driving and puts yourself and others in danger. Technology is meant to assist you, not replace you. Don’t be fooled by a false sense of security and don’t let flashy branding put you or others at risk! Reach out to our team if you need legal assistance after a car or pedestrian accident.