Another fatal Tesla crash on Autopilot goes to trial, but with new evidence this time
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.
In its defense, Tesla went as far as bizarrely claiming that some of Musk’s comments on the matter might have been deep fakes without specifying which ones.
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.
But it will also focus on the fact that after the accident, Tesla has taken more steps to ensure driver attention, including introducing driver monitoring through its cabin-facing camera and more recently, it even had a recall to increase driver alerts to pay more attention when using Autopilot and FSD Beta.
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.
We can’t deny that misuse was, and maybe still is, fairly common among Tesla owners at the time of this crash. We even reported on Elon Musk’s own wife at the time posting videos of her misusing Autopilot on her Instagram.
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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Workers transport soil containing rare earth elements for export at a port in Lianyungang, Jiangsu province, China.
China Stringer Network | Reuters
Like the U.S., Europe is also feeling the pressure to keep China sweet in order to maintain supplies of rare earth elements, which are vital for its strategic industries in the region such as auto production, green energy and defense.
Europe is heavily dependent on China for supplies of the world’s 17 rare earth elements and has been looking to calm stormy waters with Beijing over supplies, while looking for alternative sources of critical minerals — including in its own back yard.
That’s a long process, however, and for now, Europe is as vulnerable as other major consumers of rare earths, and particularly the U.S., when it comes to Beijing’s ability to turn the tap off on supplies.
Officials from Germany and the Netherlands are in Beijing this week for talks with their Chinese counterparts on China’s controls on rare earths exports and semiconductor chips which have made European industries vulnerable to global supply chain disruptions.
China dominates the rare earths market from mining to refining, with data from the International Energy Agency showing that, in 2024, China was responsible for 59% of the world’s rare earths mining, 91% of its refining and 94% of the manufacuring of permanent magnets which are commonly used in electric vehicles, wind turbines, industrial motors, data centers and defense systems.
As the world’s single largest supplier of a component that’s critical to so much manufacturing, China’s dominance has made “global supply chains in strategic sectors – such as energy, automotive, defense and AI data centres – vulnerable to potential disruptions,” the IEA noted.
That potential for disruption came to the fore this year when, in April and October, Beijing announced licensing requirements, and later export controls, on its rare earth supplies and technologies.
Those controls were suspended for a year as a result of a trade truce reached in October between China and the U.S. reached but major rare earth importers such as the U.S. and EU, which imports around 70% of rare earth supplies — and almost all of its rare earth magnets — from China, are all too aware of its vulnerabilities to geopolitical disruptions.
Barriers to diversification
Last month, European Commission President Ursula von der Leyen announced that the bloc was launching the “RESourceEU” plan aimed at reducing reliance on critical raw materials from China “in the short, medium and long term.” She said the bloc could do this by recycling existing raw materials, such as those in batteries, and by joint purchasing to stockpiling.
Von der Leyen also said the EU would boost investment in strategic projects “for the production and processing of critical raw materials here in Europe,” and would speed up work on critical raw materials partnerships with countries like Ukraine, Australia, Canada, Kazakhstan, Uzbekistan, Chile and Greenland.
“The world we face today rewards speed, not hesitation, because today’s world is unforgiving. And the global economy is completely different than it was even a few years ago. Europe cannot do things the same way anymore. We learned this lesson painfully with energy; we will not repeat it with critical materials,” she said, referencing the bloc’s reliance, before the Ukraine war, on Russian oil and gas.
Valdis Dombrovskis, European Commissioner for Economy and Productivity, told CNBC Monday that the bloc was working to diversify its rare earth supplies but that this would take time.
“I would say there is some positive news, so China has suspended now for 12 months those additional export controls, which were announced in October, which gives us some time. But I also would say it emphasizes the need for the EU to diversify its rare earth and critical minerals supplies, because of many on those rare earths, we are depending more than 90% on China’s supplies,” Dombrovskis said.
Necessity the mother of invention?
Europe itself has reserves of rare earth materials with deposits found in Turkey, Sweden and Norway but the problem is that it doesn’t have the operations to mine those materials, let alone refine and process them — unlike China, which has decades of experience, investment and infrastructure that has fueled its global processing dominance.
Europe is also more encumbered with long approval processes and environmental standards when it comes to mining, meaning any regional plans to develop those rare earth deposits could take years. Public opposition is also a factor that has not shackled China.
A view of the NEO magnetic plant in Narva, a city in northeastern Estonia. A plant producing rare-earth magnets for Europe’s electric vehicle and wind-energy sectors.
Xinhua News Agency | Xinhua News Agency | Getty Images
The need to diversify from China quickly could cause officials to lower those barriers, however and there are already signs of action, with Europe’s first rare earth magnet production plant being opened in Estonia in September. Backed by funding from both Canada and the EU, the plant’s raw materials are coming from Australia and Malaysia.
“There’s probably a lot more deposits in Europe but … there are barriers to bringing that online,” Willis Thomas, principal consultant at CRU Group, told CNBC.
“But if we’re getting into a world where risks are being realized on trade tensions, I think that that will continue to push everyone to build out the supply chain and a bit more resilience on it, but it does take some time, and there’s limited expertise.”
What’s also worrying for Europe is that being unable to control the sources and supply of raw materials could mean that its technological and green ambitions suffer.
“Europe’s race towards net zero and digital leadership depend on materials it does not control,” Hamed Ghiaie, professor of Economics and Public Policy at ESCP Europe, and Filippo Gorelli, an analyst at Nexans, said in analysis for the World Economic Forum.
“For decades, Europe treated raw materials as a commodity issue, rather than a strategic one. That complacency is becoming costly,” they added.
“What is at stake is climate targets and economic resilience. Shortages of rare earths, gallium or germanium could slow semiconductor fabrication, AI development and even wind-power installation. In short, Europe cannot build a green or digital future on supply chains it doesn’t control,” they concluded.
Aviation startup Electra made history last month when its EL2 became the first hybrid-electric Ultra Short Take-off and Landing (uSTOL) aircraft to successfully complete helicopter-like take-offs and landings at the Watertown International Airport.
Founded to provide affordable air travel without airports, emissions, or noise, Electra’s stated goal was to build an aircraft that could deliver on the promises of eVTOL aircraft at a significantly reduced cost compared to its more drone-like competitors. In that context, the demonstration at Watertown isn’t a publicity stunt, but part of concerted effort to validate Electra’s uSTOL performance under real-world conditions at a commercial airport — exactly the kind of place that regional operators, cargo carriers, and emergency responders actually fly in and out of.
Hitting those marks now will help Electra clear a path for FAA certification and prove that the company can deliver on the $9 billion worth of promises its made (so far).
“Electra is grateful to the team at Watertown International Airport for enabling this demonstration of the EL2’s Ultra Short capabilities in an off-runway capacity,” explains Tom Carto, director of market development at Electra. “Our Ultra Short aircraft will offer the potential to increase the use of general aviation airports and expand the capacity of larger hubs by enabling takeoffs and landings on ramps and taxiways instead of runways, feeding in regional connections without adding to runway congestion. These transformative and practical capabilities will open the door to Direct Aviation and point-to-point connections in a way that will make it easier for people to get from the where they are to where they want to go.”
The EL2’s innovative “blown lift” design features eight electric motors on the plane’s wings, enabling take-off and landing in as little as 150 feet.
Electra says the final version of its aircraft will be able operate from airfields as small as 300 x 100 ft (90 x 30 m), or about one-tenth the length of a standard airport runway. That means that, even if these eSTOL aircraft don’t open up quite as many spaces for air travel as eVTOLs, do, they’ll still be extremely flexible – and more than capable of operating from the roofs of many existing buildings and parking structures.
Obviously
And, of course, the Air Force wants one.
NOTE: in response to some of the comments, I want to point out that the Electra is capable of sustained, electric-only powered flight and uses the genset for remote operations/extended range. I should have made that clearer. This is arguably more EREV than EV.
SOURCES | IMAGES: Electra; via Oswego County Business.
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The US Department of Energy’s Loan Programs Office (LPO) closed a $1 billion loan to restart Three Mile Island Unit 1, a nuclear reactor at Three Mile Island in Londonderry Township, Pennsylvania.
The money is being loaned to Constellation Energy Generation, which is renaming the 835 megawatt (MW) Three Mile Island Unit 1 the Crane Clean Energy Center. Constellation said in September 2024 that it would restart the reactor under a power purchase agreement with Microsoft, which needs more clean power to feed its growing data-center demand.
The project is estimated to cost around $1.6 billion, and the DOE says the project will create around 600 jobs. The reactor is expected to start generating power again in 2027.
Three Mile Island Unit 1 (in the foreground in the photo above) went offline in 2019 because it could no longer compete with cheaper natural gas, but it wasn’t decommissioned. It’s capable of powering the equivalent of approximately 800,000 homes. It’s on the same site as the Unit 2 reactor (in the background in the photo above) that went into partial nuclear meltdown in 1979, and is known as the worst commercial nuclear accident in US history.
When asked about the loan’s timing, Greg Beard, senior adviser to the Loan Programs Office, told reporters on a call that it would “lower the cost of capital and make power cheaper for those PJM [Pennsylvania-New Jersey-Maryland] ratepayers.” Data centers are driving up electricity costs for consumers.
Read more: DOE props up dying coal with $625M days after Wright mocks clean energy subsidies
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