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Walter Huang's family, an apple Engineer died after his Tesla Model X with autopilot engaged crashed into a median freeway, Tesla sues. The California Department of Transportation is also cited in the complaint.
The lawsuit for wrongful death, filed in California Superior Court, Santa Clara County, alleges that errors made by Tesla's autopilot assistance system were the cause of the accident. Huang, 38, died during his 2017 Tesla Model X hit a barrier on Highway 101 in Mountain View, California.
The prosecution alleges that Tesla's autopilot driver assistance system misinterpreted the lane lines, did not detect the concrete support, did not brake and instead accelerated to the median.
A spokesman for Tesla declined to comment on the trial.
"Ms. Huang lost her husband and two children lost their father because Tesla is beta testing his autopilot software on actual pilots," said B. Mark Fong, partner of the Tamaki Minami Law Firm. .
Other allegations against Tesla include product liability, defective product design, lack of warning, breach of warranty, intentional or negligent misrepresentation and misleading advertising. California DOT is also cited in the lawsuit because the median protection on the road, made of concrete, hit by Huang's vehicle, was devoid of its protective attenuator, according to the record. Caltrans failed to replace the guard after a previous accident, according to the lawsuit.
The purpose of the lawsuit is to "guarantee the safety of the technology used against semi-autonomous cars before it is released on the roads, and that its risks are not concealed or misrepresented to the public", said Doris Cheng, associate at Walkup, Melodia, Kelly & Schoenberger, who also represents the family.
In the days following the accident, Tesla published two blog posts and ended up arguing with the National Transportation Safety Board, which had sent investigators to the scene of the accident.
Tesla 's March 30 blog acknowledged that the autopilot had been activated at the time of the accident. Tesla stated that the driver received several visual warnings and a buzzer earlier in the training and that his hands were not detected on the steering wheel for six seconds before the collision.
These comments prompted the NTSB to respond, stating that he was "dissatisfied with Tesla's disclosure of the investigation information". The NTSB asks companies involved in an agency accident investigation not to disclose to the public the details of the incident without authorization. .
Tesla CEO Elon Musk Soon resonate via Twitter to express his own disappointment and his critics of the NTSB.
Three weeks after the accident, Tesla issued a statement that blames Huang and denies any moral or legal responsibility for this accident.
"According to the family, Mr. Huang was well aware that the autopilot was not perfect and, in particular, he told them that it was not reliable at this specific location, but he nevertheless engaged the autopilot at this location. The accident occurred on a clear day with several hundred meters of visibility, which means that the only way for this accident to happen is that Mr. Huang does not pay attention to the road despite the multiple warnings of the car. "
The relationship between the NTSB and Tesla would disintegrate further after the statement. Tesla said he had withdrawn from his party agreement with the NTSB. In the space of one day, the NTSB claimed that he had removed Tesla from his investigation.
A preliminary report from the NTSB did not determine the cause of the accident. However, he found that the vehicle was accelerating from 100 km / h to 100 km / h in the last three seconds before the impact and that it was turning left at the approach of the tarred gore that was dividing the main traffic lane between 101 and 85 exit 85 of Highway 85.
The report also revealed that in the 18 minutes and 55 seconds before the impact, the Tesla provided two visual alerts and a hearing alert to the driver so that he put his hands on the steering wheel. Alerts were issued more than 15 minutes before the crash.
Huang's hands were detected on the steering wheel only 34 seconds in the last minute before impact. No braking before the collision and no evasive direction was detected, says the report.
The case is Sz Hua Huang and others v. Tesla Inc., State of California, no. 19CV346663.
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