A new case will bring back the discussion about the legal disclaimers Tesla uses to protect its advanced driver assistance systems (ADAS). The EV maker states that the driver is ultimately responsible for whatever happens when Autopilot or Full Self-Driving is engaged. That did not prevent a driver from accusing FSD of causing a pileup with eight cars in San Francisco.
The crash happened on November 24 and was first reported to the California Highway Patrol (CHP) at 12:41 PM. On that Thanksgiving, a still unidentified Tesla Model S driver changed lanes on Interstate 80 east of the Bay Bridge and braked abruptly on the last left lane. The EV was traveling at 55 mph (88 kph) before braking and being hit in the chain reaction sequence, which involved a total of eight vehicles. According to the driver, all those actions were taken by FSD.
The braking episode itself reminds us of something Tesla owners have been complaining about for years: phantom braking. This defect makes EVs from this brand brake without warning in multiple situations, including on highways. The cause would be the detection of obstacles that are not really there. Steve Wozniak sold his Tesla and complained about how it happened to him hundreds of times before he bought a Lucid Air.
Initial descriptions of the San Francisco crash stated that four ambulances were called and 18 people would have gotten hurt. CNN Business requested the CHP report and learned that nine people faced minor injuries and that a child had to go to the hospital. Luckily, nobody got seriously harmed.
According to the CHP report obtained by CNN Business, the highway patrol department said it did not confirm whether the ADAS was active when the crash happened and that only Tesla would have that information. The National Highway Traffic Safety Administration told the media outlet that it was in contact with Tesla to learn if that was the case, but did not confirm that so far.
CNBC discovered that NHTSA included this case among the other 40 it is currently investigating that may involve Autopilot and FSD. Another recent crash with Tesla’s ADAS involved a 2020 Model 3, but CNBC did not mention when it happened.
The traffic safety agency opened an investigation related to EVs on Autopilot crashing emergency vehicles in August 2021. In June 2022, that probe was converted into an Engineering Analysis (EA), the last step before a recall takes place. With fatalities involving the use of Tesla’s ADAS, the scope of this investigation may become more extensive. CNBC said that 14 of the 41 cases NHTSA is currently checking involved deaths.
CNN Business stressed a big irony in the whole story: the pileup took place a few hours after Elon Musk announced that FSD would be available to everyone who paid for it in North America. If that was not enough trouble for Tesla, the company is also facing issues with people who received their cars without the hardware necessary for FSD it promised they would have. The company may need more than legal disclaimers to prevent liabilities if FSD is considered something that makes people more prone to crash their cars.
Tesla Full Self-Driving Beta is now available to anyone in North America who requests it from the car screen, assuming you have bought this option.
Congrats to Tesla Autopilot/AI team on achieving a major milestone!
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