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Tesla Inc. was sued for a fatal crash on a California highway that allegedly was caused by the malfunction of the 2017 model X autopilot system and the steering of the car in a concrete barrier .
The case was filed just two days after the lawsuit of another California driver, blaming his Model S for not having "killed" him almost after killing him when his car struck a lane separator. Elon Musk, President and CEO, talks more and more about Tesla's autonomous driving technology and a future robotic taxi service.
The family of the deceased driver stated in his complaint that the electric car lacked safety features, such as an automatic emergency brake system working properly, although they were presented as "at the cutting-edge technology ". as well as on newer X-models, said the family.
The family also alleged that Tesla should have known that "the X model could injure its occupants by leaving traffic lanes and fixed objects when it was used in a reasonably foreseeable manner." The builder would have had to recall or warn "considering the risk of harm," according to the lawsuit filed April 26 in California's state court in San Jose.
Read more: Chronology of Tesla Autopilot Accident Investigation
Walter Huang, 38, is dead because "Tesla beta tests its autopilot software on real-world pilots," family lawyer B. Mark Fong said in a statement. "The Huang family wants to help prevent this tragedy from happening to other drivers using Tesla vehicles or semi-autonomous vehicles."
Huang crashed on the morning of March 23, 2018 while driving on US Highway 101 in Mountain View, California. Huang, who worked at Apple, had just dropped off his kids at school and was going to work on a route that he used every day. Huang's lawyers say the car pulled him out of his lane, pointed him at a fixed concrete barrier, and then accelerated.
"The fact that the autopilot is not working properly is what killed him," Fong said at a press conference in San Francisco on Wednesday. Huang is survived by his wife, two children and parents.
The California Department of Transportation is also named as a defendant for failing to repair or restore a damaged crash cushion a week before the Huang crash.
Tesla refused to comment on the costume. In an article published on the company 's blog last year after the accident, Tesla said the driver had an unobstructed view of the security fence for about 150 seconds, but did not take steps to avoid the collision, citing logbooks.
"Tesla Autopilot does not prevent all accidents – such a standard would be impossible – but it makes them much less likely to happen," the company said in a message. "It unequivocally makes the world safer for vehicle occupants, pedestrians and cyclists."
Huang's Tesla was traveling behind another vehicle eight seconds before the crash, according to the National Transportation Safety Board, in a preliminary investigation report on the crash in June 2018, which failed to establish a probable cause .
A second later, the car started to turn left while following the same vehicle. Four seconds before the accident, he was no longer following the vehicle ahead, the NTSB said. The X model then accelerated to around 71 miles per hour in the last three seconds before the impact. The autopilot speed control system, designed to match the speed of a slower vehicle ahead of it, was set at 75 mph.
According to the summary of performance data recorded by the car, the NTSB did not detect any braking before evacuation or evasive steering movement. Tesla's battery was pierced during the accident and the vehicle caught fire, the agency said.
At Wednesday's press conference, Fong said his team had access to the vehicle after the accident, but the data in the car was proprietary and Tesla did not share it.
"A large amount of data is and has been in Tesla's sole possession," said Fong.
The case is Huang v. Tesla Inc., 19CV346663, California Superior Court, Santa Clara County (San Jose).
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