Another fatal crash on Tesla Autopilot is going to trial, and while Tesla has won all of them in the past, this one has new evidence that could help the plaintiffs.
Over the years, there have been a handful of fatal crashes involving Tesla’s Advanced driver assistance systems (ADAS) features, more commonly referred to as their brand names: Autopilot and Full Self-Driving (FSD) Package.
The families of the victims have taken the accidents to trials for wrongful death at times, but Tesla always won.
That’s because, in virtually all cases, Tesla was able to show that the driver was not paying attention at the moment of the accident or leading up to it. When using Autopilot or FSD Beta, Tesla tells drivers that they need to pay attention at all times and to be ready to take control at all times.
If drivers are not doing that, they are misusing the system.
However, some have argued that Tesla should take more responsibility for creating an exaggerated level of confidence in its ADAS systems and to limit the misuse by better ensuring that drivers are paying attention.
Now, a new trial is about to take place, and the lawyers of the family of the deceased Tesla driver have uncovered evidence that they claim shows Tesla knew it was too easy to abuse Autopilot.
The trial is about one of the most publicized Tesla Autopilot accidents. We reported on it extensively when it first happened and in follow-ups regarding several investigations of the crash.
The Tesla Autopilot Crash
The crash occurred in March 2018 and involved Apple engineer Walter Huang.
Huang was driving his Model X on Autopilot when it entered the median of a ramp on the highway as if it were a lane, a common problem with Tesla’s Autopilot at the time. About 150 meters after entering the median, it hit a barrier.
The impact was quite severe because there was no crash attenuator since it was already destroyed by a previous crash. The driver was rushed to the hospital, but he died of his injuries.
NHTSA investigated the accident and confirmed that the vehicle was using Autopilot at the time of the crash. However, according to phone data, it blamed the driver, who was playing a video game on his phone, and the lack of a crash attenuator, which affected the severity of the crash.
The Trial
The family has sued Tesla for wrongful death, and it is going to be quite an uphill battle for them because it looks like he was using his phone while driving, which is a traffic violation and against Tesla’s guidance on how to use Autopilot.
That said, the family’s lawyers benefit from learning from previous similar trials and they are taking a different approach. They are not denying Huang’s misuse of Autopilot, but they are focusing on Tesla’s communications, which they claim led to the driver misusing Autopilot.
As we previously reported, as part of the discovery process for the trial, the family’s lawyers have focused on several statements made by Tesla, and specifically Elon Musk, about Tesla’s Autopilot and Full Self-Driving efforts that could lead drivers to be overconfident in the systems.
The trial is now set to start next week in a San Jose court and more pieces of evidences are coming out as the court determines what they will be able to show to the jury.
Reuters report on an email that Jon McNeil, then Tesla’s president, sent to CEO Elon Musk and Sterling Anderson, Tesla’s head of Autopilot at the time, in which McNeil admitted to reading emails while using Autopilot:
“I got so comfortable under Autopilot, that I ended up blowing by exits because I was immersed in emails or calls (I know, I know, not a recommended use),.”
The lawyers are also arguing that Tesla never never “studied how quickly and effectively drivers could take control if Autopilot accidentally steers towards an obsacle,” based on Tesla witnesses and experts.
It sounds like the trial is going to revolve around what Tesla communicated to owners and what it has done internally to ensure owners use its systems safely.
The fact that Tesla had a recall recently over the issue could play a big role in this trial as it wasn’t the case in the previous ones won by the automaker.
Electrek’s Take
When cases involve a death, it’s always a sensitive matter, and the Tesla community is quick to put all the blame on the drivers.
That’s especially easy to do when the driver was using his phone at the moment of the crash, which is not legal, and he had seemingly more than a few seconds to react when the Autopilot made a mistake and went into the median.
That said, I think it is reasonable to explore, at least, the possibility that Tesla has contributed to the misuse of its own ADAS system.
Now, on a legal basis, I don’t know how valuable this argument is, but it sounds like some experts think there’s a case.
Matthew Wansley, a Cardozo law school associate professor, agrees that Tesla had an obligation to prevent “foreseeable misuse”:
“If it was reasonably foreseeable to Tesla that someone would misuse the system, Tesla had an obligation to design the system in a way that prevented foreseeable misuse.”
Either way, I think it can’t hurt to debate the issue, especially if it helps publicize the fact that Tesla drivers need to pay attention at all times when using Tesla’s ADAS systems.
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Veteran bicycle brand and e-mobility innovator Huffy is joining the Black Friday sales festivities with an exclusive deal for Electrek readers on its 36-volt Electric Green Machine drift trike. Use the promo code below for 30% off your purchase.
Huffy puts over 130 years of experience into its products
Huffy is easily a household name in bicycles. The company is celebrating over 130 years in the segment and has shown no signs of slowing down. The brand is sold across thousands of retail locations and ships millions of bikes to customers throughout the US and 40 additional international markets each year.
The Huffy name is known for products that deliver riders comfort, style, and durability. Whether on a bike, trike, scooter, or ride-on, there’s something for every member of the family to enjoy. Since 2019, Huffy has been calling riders together with its rally cry, “Live the Ride,” which encourages families to celebrate togetherness by exploring the outdoors atop its products.
Whether that means leisurely rides through local parks with friends, family outings, traversing local trails, or exploring new cities during a summer getaway, Huffy strives to remind riders of the simple youthful joy that riding can bring.
Since Huffy launched the 20” Green Machine in 2023, teens and adults have been asking for a version that would allow them to experience the same adventure, fun, and thrill of each spin and drift. Huffy answered the call with their new Electric Green Machine, a nostalgic and electrified version of the classic drift trike Huffy fans know and love. This powerhouse drift-trike is packed with 36 volts of electric power and a 250-watt front hub motor that lets riders reach exhilarating speeds of up to 15 miles per hour. Perfect for thrill-seekers ages 14 and up, the Electric Green Machine reignites the fun and excitement of childhood rides.
All of Huffy’s products, including the Electric Green Machine seen below, are thoughtfully crafted for the moments that happen when you pop up your kickstand and see where the path takes you. In the case of the E-Green Machine, Huffy wants riders to unleash a whirlwind of thrilling drifts and slides right when they climb into the cockpit.
To help even more riders experience holiday thrills this season, Huffy is offering an exclusive discount on the Electric Green Machine for Electrek readers. Whether buying it for yourself or friends and family, the Electric Green Machine is the perfect gift to put under the tree this holiday season. If you’re ready to start drifting, use the promo code below to save some “green” on your purchase⎯but only for a limited time!
Don’t miss Huffy’s Black Friday deal on the Electric Green Machine
The new Electric Green Machine is available on Huffy.com for $599.99. However, you can use promo code “ELECTREKGM” at checkout for 30% off your purchase (valid on the Electric Green Machine only).
Huffy’s Black Friday deals are available now, but only until 11:59 PM on December 8, 2024, so act quickly while supplies last. This year, holiday thrills start with red and green at Huffy. Be sure to take advantage of this limited-time offer and check out the other limited-time deals on Huffy’s site this week (offering up to 55% across a range of products).
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Hyundai’s new EV plant in Georgia is now up and running. The massive $7.6 billion facility was built in just two years as the company preps for new US-made electric models like the upgraded 2025 IONIQ 5 and its new three-row IONIQ 9. A cool new video from space shows just how quickly Hyundai worked to open the facility.
Watch Hyundai’s new EV plant go up from space
Production officially began at the new Hyundai Motor Group Metaplant America (HMGMA) in Bryan County, Georgia last month.
The accomplishment comes after Hyundai broke ground at the site in October 2022. In May 2022, Hyundai announced plans to build its first dedicated EV plant in the US to meet new requirements for the federal EV tax credit, which provides up to $7,500 for clean car purchases.
Hyundai fast-tracked construction at the plant as it looked to gain an edge in the US, its most important market. The company’s initial $5 billion investment turned into a whopping $7.6 billion.
According to a study from the Center for Automotive Research, Hyundai’s EV plant will help create over 58,200 new jobs while attracting over $12.6 billion in investments in Georgia. Last month, the company secured its 18th supplier as it builds out an extensive US network.
A new video from space-based intelligence company BlackSky shows an impressive timelapse of the construction.
You can see the massive facility go up in just two years as Hyundai looks to secure a leadership role in the US auto industry.
Hyundai’s new EV plant will directly employ 8,500 workers to build up to 300,000 EVs per year. The first vehicle that rolled off the assembly line was the refreshed 2025 IONIQ 5.
The upgraded 2025 Hyundai IONIQ 5 now features even more range (318 miles), a sleek new style, and it even comes with an NACS plug so you can charge at Tesla superchargers. The base, 2025 IONIQ 5 SE RWD Standard Range model, starts at just $42,500.
Last week, after unveiling its first three-row electric SUV, the IONIQ 9, Hyundai confirmed it would also be built at its Georgia facility.
Despite President-Elect Trump’s transition team reportedly planning to end the $7,500 EV tax credit, Hyundai is confident in the company’s future.
At the LA Auto Show, the company’s newly electric CEO, Jose Munoz, said in an interview, “Hyundai did not build our investment plan based on incentives; the plan was even made before Trump’s term.” Munoz explained even without the credit now, Hyundai is still gaining market share.
The world’s first electric muscle car is finally here, and Dodge is already sweetening the deal for buyers. The Dodge Charger Daytona EV is launching with 0% APR, making it even cheaper to finance than the outgoing gas-powered model.
Dodge Charger EV launches with 0% APR offer
The first all-electric Dodge Charger has arrived, and surprisingly, it’s already becoming more affordable. In March, Dodge unveiled the Charger Daytona EV, kicking off “the next generation of Dodge muscle.”
According to Dodge brand CEO Tim Kuniskis, the electric Charger “delivers Hellcat Redeye levels of performance.” That’s for the Scat Pack model, which comes with a Direct Connection Stage 2 upgrade kit straight from the factory.
The upgrade delivers up to 670 hp and 627 lb-ft of torque for a 0 to 60 mph sprint in just 3.3 seconds. It can also cover a quarter mile in around 11.5 seconds.
In comparison, the 807 hp Dodge Charger SRT Redeye Jailbreak edition, powered by a Supercharged 6.2L HEMI SRT V8 engine, takes 3.6 seconds to get from 0 to 60 mph.
With a Stage 1 upgrade, the base R/T trim has up to 456 hp and 404 lb-ft of torque, good for a 0 to 60 mph time in 4.7 seconds.
Dodge opened orders for the 2024 Charger Daytona EV in September, starting at $59,995. The High-performance Scat Pack trim starts at $73,190.
According to a new dealer note viewed by online auto research firm CarsDirect, all 2024 Dodge Charger Daytona EV models are now eligible for 0% APR financing for up to 72 months.
2024 Dodge Charger Daytona EV trim
Horsepower
0 to 60 mph time
Starting price
Dodge Charger Daytona R/T
496 hp
4.7 seconds
$59,995
Dodge Charger Daytona Scat Pack
670 hp
3.3 seconds
$73,190
2024 Dodge Charger Daytona prices and specs (excluding a $1,995 destination fee)
The offer makes the electric Dodge charger even cheaper to finance than the outgoing 2023 Dodge Charger at 5.9% APR for the same 72 months. However, this is an individual offer and cannot be combined with other deals. Based on CarsDirect analysis, the 0% APR offer is limited to the Northeast, Southern, and Central US regions.
Dodge is also offering a $1,000 loyalty bonus for Stellantis (Jeep, Dodge, Ram, Chrysler) lessees that trade in for the electric Charger.
With the $7,500 EV tax credit incentive, eligible customers can save up to $8,500 on the 2024 Dodge Charger Daytona EV. You may want to act fast, as these deals expire on December 2, 2024.
Jeep, another Stellantis brand, launched lease prices at just $599 per month for its first luxury electric SUV last week, the Wagoneer S. Jeep’s electric Wagoneer is also available with 0% financing.