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Another Tesla with Autopilot crashed into a stationary object—the driver is suing
Earlier this month, Shawn Hudson's Tesla Model S crashed into a stalled car while moving at about 80 miles per hour on a Florida freeway. Tesla's Autopilot technology was engaged at the time, and Hudson has now filed a lawsuit against Tesla in state courts.
"Through a pervasive national marketing campaign and a purposefully manipulative sales pitch, Tesla has duped consumers" into believing that Autpilot can "transport passengers at highway speeds with minimal input and oversight," the lawsuit says.
Hudson had a two-hour commute to his job at an auto dealership. He says that he heard about Tesla's Autopilot technology last year and went to a Tesla dealership to learn more.
"Tesla's sales representative reassured Hudson that all he needed to do as the driver of the vehicle is to occasionally place his hand on the steering wheel and that the vehicle would 'do everything else,'" the lawsuit claims.
Tesla blames driver in last month's fatal crash with Autopilot engaged
But that description of Tesla's Autopilot system is not true. While the system can handle a range of driving conditions, it's not designed to stop for parked cars or other stationary objects when traveling at highway speeds. This year, at least two other Tesla drivers have plowed into parked vehicles while their cars were in Autopilot mode (one of them sued Tesla last month). Another Tesla customer, Californian Walter Huang, was killed when his Tesla vehicle ran into a concrete lane divider at full speed.
"It is the driver's responsibility to remain attentive to their surroundings and in control of the vehicle at all times," a Tesla spokesman told Ars by email. "Tesla goes to great lengths to provide clear instructions about what Autopilot is and is not, including by offering driver instructions when owners test drive and take delivery of their car, before drivers enable Autopilot and every single time they use Autopilot, as well as through the Owner's Manual and Release Notes for software updates." (I've reproduced Tesla's full emailed statement at the end of the story.)
(Score: 2) by Spamalope on Sunday November 04 2018, @01:55PM (2 children)
Dealers won't sell the car without a sales contract saying basically 'we can do the opposite of everything the salesman promised and you agree that it's your problem as a condition of the sale'. It's always in there.
Also - if the salesman promises anything about the car - make them put it in the vehicle description on the sales contract - or it's a lie. (ex: Car smashed in accident while being transported from the factory, repaired badly and sold as new - blows broken glass fragments into eye of buyer - contract doesn't say unrepaired... sigh)
(Score: 0) by Anonymous Coward on Sunday November 04 2018, @02:54PM
That's why we need to stop electing and appointing incompetent judges. How the dealership interprets the contract isn't the legal standard, it's how the 2nd party interprets it. If there's more than one interpretation, it's supposed to be the 2nd party's interpretation that is used, not the party that wrote the freaking contract. And it's like that specifically because of things like this.
You shouldn't have to be a lawyer to avoid being ripped off by the fraudulent behavior of dealers.
(Score: 2) by Whoever on Sunday November 04 2018, @06:02PM
It's called an "integrated contract".