The victims and family of victims of a crash involving Tesla Autopilot are seeking $345 million in damages as part of a wrongful death court case.
We reported on this case at trial in Miami last month.
The case attempts to place some responsibility on Tesla for creating complacency with drivers, who were led to believe Autopilot could do more than it actually could.
George McGee was driving his Model S on Autopilot in Key Largo in April 2019 when he dropped his phone and looked down to pick it up when the car blew past a stop sign at a T intersection, and crashed into a parked Chevrolet Tahoe.
22-year-old Naibel Benavides Leon and her boyfriend Dillon Angulo were standing next to the parked Tahoe. Benavides died and Angulo was seriously injured.
The police charged McGee with reckless driving, but the families of the victims sued both McGee and Tesla. McGee settled with the plaintiffs, but Tesla hasn’t.
The trial lasted almost a month, but both parties had their closing arguments yesterday, and the jury is now deliberating.
The plaintiffs have asked the jury to award them nearly $345 million in damages, comprising $109 million in compensatory damages and $236 million in punitive damages.
They have alleged that Tesla was careless in how it released and marketed Autopilot, leading owners like McGee to become overconfident in the driver assistance system, which contributed to the crash.
Tesla has been putting all the blame on McGee, who admitted to being distracted.
The automaker has also attempted to claim that it has telemetry data indicating the driver pressed the accelerator pedal. Still, the plaintiffs’ counsel has raised concerns about Tesla’s handling of the data.
Recently, Tesla has settled several wrongful death lawsuits involving its ADAS systems (Autopilot and Full Self-Driving), and there are dozens of fatal crashes involving the systems.
Update: the jury has released its verdict and found Tesla liable. They awarded the plaintiffs $329 million.
Electrek’s Take
It will be interesting to see the results of this trial, which I expect to see any day now. It is a bit of a complicated case, but I don’t think the jury will take weeks of deliberation.
In recent months, Tesla settled two similar cases and we don’t know for how much.
At this point, it’s unclear why the case did not settle before trial, as the trial is not a good look for Tesla, regardless of the outcome. Tesla is working hard to keep most of the information confidential, but specific details are emerging that make the Company look bad.
It’s possible that Tesla tried to settle, but the plaintiffs wouldn’t, or Tesla felt confident about winning this case.
I wouldn’t be surprised if this specific case is being watched by many other legal teams working on other fatal crashes involving Tesla’s ADAS systems.
Author: Fred Lambert
Source: Electrek
Top comment by Andrea
Liked by 9 people
I look forward to the launch of FSD in Europe, where consumer legal protection is much stronger than in the US.
In Europe Tesla can say goodbye to the arbitration clause and can say goodbye to the use of NDA to cover up misconducts (the EU Directive on Unfair Terms in Consumer Contracts (93/13/EEC) presumes such clauses to be unfair, and national courts must assess their validity, potentially annulling arbitration awards if the clause is deemed unfair) or to any other clause limiting the consumers’ legal recourse, even when the consumer agreed to it when signing the purchasing contract.
I know Tesla will never launch the FSD in Europe. Not until it will really be ready and safe, which may not happen for many years to come.
In the meanwhile, however, Tesla will be allowed to keep on using the American consumers as guinea pigs. Progress will not stop. And so the deaths caused by the Tesla FSD on American roads.
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