Tesla Accident raises Questions about Product Liability

On May 7^th, the first fatality caused by a self-driving car happened in Williston, Florida.  A 40-year-old man was killed when the sensors in his Tesla failed to ‘see’ a white 18-wheel truck turning on the road in front of it.  As a result, the car drove full speed into the tractor trailer, then drove off the road and hit a fence and hydro pole. Tesla explained that the reason for the crash is that the car’s technology was unable to distinguish between the bright sky and a white truck. 

The accident occurred when the driver was allegedly not in direct control of the car, but Tesla’s autopilot feature requires that the driver has their hands on the wheel at all times.  Tesla ‘self-driving’ technology uses a computer vision-based detection system, but is not developed to the point where it can be used hands-free.  It was suggested that the accident likely happened because the radar and computer vision systems did not agree that there was an obstacle in the path of the vehicle.

In response to the crash, the National Highway and Transportation Safety Administration is investigating all Tesla vehicles that are equipped with an “Autopilot Technology Package”.  However, Tesla will be able to respond to any concerns or criticisms of its technology using the substantial data it routinely collects from its cars from event data recorders (EDRs) which are standard in all vehicles.  EDRs are similar to black boxes and record various information such as speed, seat-belt usage and pedal position (indicating braking and speed) just before and after a collision.  This detailed information can be used to determine a driver actions and any potential product liability that may have contributed to a crash.  In response to a crash in Pennsylvania in July, for example, Tesla was able to determine whether the driver’s hands were on the steering wheel, how much force was applied to the accelerator and whether Autopilot was engaged. 

Despite Tesla’s defence that its autopilot technology is not intended to be fully autonomous, the family of the man who was killed in Florida may have a case for a product liability lawsuit.  There was a suggestion that the driver was watching a movie at the time of the collision, as there was a portable DVD player in the car and the truck driver claims he heard a movie playing after the crash.  Regardless whether this was the case or not, Tesla may be vulnerable to a claim because, despite warnings about the fact that the current version of autopilot technology is only in its initial phases, drivers may have been led to believe that the technology is more advanced than it truly is.  At question is whether the driver was adequately warned about possible shortcomings in the autopilot system.  Tesla’s warnings may have been insufficient to entirely remove the car manufacturer from liability.

In Canada, if you have purchased a motor vehicle that is determined to have a defect, you can sue the car dealership for breach of contract under the Sale of Goods Act.  Depending on the nature of the defect and whether you reach a satisfactory agreement with the dealer, you also have the option to sue the automobile manufacturer.  Both retailers and manufacturers are liable to compensate a consumer if the vehicle does not meet the minimum standards under the Sale of Goods Act.   However, with respect to automobiles, it is actually the manufacturer that is largely responsible for automobile defects, which generally arise from the vehicle design, construction or the assembly process.  Car manufacturers also play a primary role in the marketing of vehicles. Advertising creates a certain expectation with respect to product performance and accordingly, manufacturers can be held responsible if their vehicles have a defect and don’t perform as advertised.

In a situation where someone is injured as a result of a defective vehicle, the injured person also has the option to sue the manufacturer and/or seller for damages arising from their injury.  If you or a loved one sustained injuries in a car accident resulting from negligence, either due to another driver or a vehicle defect, talk to a skilled Injury Lawyers of Ontario attorney to find out about your legal rights.  The Markham car accident lawyers can give you frank evaluation of your unique situation and inform you of your best legal options for seeking compensation for your losses.  Your initial consultation is generally free and you are under no obligation to proceed with a claim.

Many Canadians are anticipating the arrival of fully self-driving cars that are expected to make driving safer and reduce the stress associated with long driving trips and commutes.  Unfortunately, the recent and tragic Tesla accident, though the first of its kind, causes many potential buyers to have doubts that autonomous self-driving technology is really around the corner.

Sources:

• www.theguardian.com/technology/2016/jun/30/tesla-autopilot-death-self-driving-car-elon-musk
• www.nytimes.com/interactive/2016/07/01/business/inside-tesla-accident.html?_r=0
• www.reuters.com/article/us-tesla-autopilot-lawsuits-idUSKCN1002P1
• www.theguardian.com/technology/2016/jul/06/tesla-autopilot-crash-joshua-brown-family-potential-lawsuit