Liability | Nelson Law, LLC https://nelson.sparkandsouldesign.com Law of Motion Mon, 03 Feb 2025 19:23:39 +0000 en-US hourly 1 https://wordpress.org/?v=6.8.1 https://nelson.sparkandsouldesign.com/wp-content/uploads/2024/12/Nelson-Law-LLC-Law-of-Motion-Favicon-150x150.png Liability | Nelson Law, LLC https://nelson.sparkandsouldesign.com 32 32 Policy and Innovation in Mobility Tech https://nelson.sparkandsouldesign.com/policy-and-innovation-in-mobility-tech/ Wed, 02 Oct 2024 18:10:00 +0000 https://nelson.sparkandsouldesign.com/2024/10/02/what-were-reading-october-2-2024/ Some Cybertrucks Are Finally Getting FSD

AutoWeek, October 1, 2024

Tesla, Musk beat shareholder lawsuit over self-driving promises

Reuters, September 30, 2024

Safest Electric Cars of 2024

Kelley Blue Book, September 26, 2024

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  • Some Cybertrucks Are Finally Getting FSD (AutoWeek, October 1, 2024)

    Tesla’s Cybertruck has been the only Tesla vehicle that has not been equipped with Tesla’s Full Self-Driving since it was introduced to the market in 2023. However, with Tesla’s most recent software update, Full Self-Driving (Supervised), Tesla has activated the driving assistance feature to some Cybertrucks. The Tesla update, v12.5.5, which many believe to be one of Tesla’s most advanced updates, claims to enhance the driving experience with “more natural lane change decisions” and incorporates the use of AI. Tesla stated, “This is an early access build. You and anyone you authorize must use additional caution and remain attentive. It does not make your vehicle autonomous. Do not become complacent.” FSD (Supervised) has remained an SAE Level 2 driving system, but it appears that Tesla may be trying to move into a “Level 2.5,” as it incorporates advanced features while maintaining the necessary driver attention requirements.

  • Tesla, Musk beat shareholder lawsuit over self-driving promises (Reuters, September 30, 2024)

    On Monday, U.S. District Judge Araceli Martinez-Olguin ruled in favor of Tesla and Elon Musk over Tesla shareholders who claimed that the carmaker was overstating the safety and effectiveness of Autopilot and Full Self-Driving in order to increase its stock price. Judge Martinez-Olguin stated that the shareholders were not able to show that Tesla and Musk should be liable for the false promises, but that many of Musk’s statements were addressing future expectations. The judge dismissed the lawsuit without prejudice, but Tesla is still facing investigations from the Department of Justice and the Securities and Exchange Commission, and a lawsuit filed by the California Department of Motor Vehicles, regarding its self-driving claims.

  • Safest Electric Cars of 2024 (Kelley Blue Book, September 26, 2024)

    The selection of the safest electric cars of 2024 emphasizes not just critical factors like range and charging time but the paramount importance of safety for family vehicles. The list includes vehicles awarded a Top Safety Pick (TSP) or Top Safety Pick+ by the Insurance Institute for Highway Safety (IIHS) and a five-star rating from the National Highway Traffic Safety Administration (NHTSA). Prioritizing extensive IIHS testing, models awaiting NHTSA evaluation are included based on their anticipated high safety standards. Highlighted models feature a range of advanced safety technologies, including adaptive cruise control, lane-keeping assist, blind-spot monitoring, and emergency braking systems, with top picks being the 2024 Audi Q4 e-tron, Genesis Electrified G80, Hyundai Ioniq 5, and the Rivian R1T, among others. As IIHS continues to assess more models, the roster of recognized safe electric vehicles is expected to expand, underscoring evolving safety benchmarks in the electric vehicle market. The full list can be viewed here.

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Cutting-Edge Insights in Mobility and Risk https://nelson.sparkandsouldesign.com/cutting-edge-insights-in-mobility-and-risk/ Wed, 04 Sep 2024 19:23:00 +0000 https://nelson.sparkandsouldesign.com/2024/09/04/what-were-reading-september-4-2024/ Tesla launches ‘actually smart summon’ or ‘ass’

Electrek, September 3, 2024

Woman using hands-free driving feature hits car, killing 2 in Pennsylvania, cops say

Miami Herald, September 3, 2024

Researchers probe safety of AI in driverless cars, find vulnerabilities

Tech Xplore, September 2, 2024

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  • Tesla launches ‘actually smart summon’ or ‘ass’ (Electrek, September 3, 2024)

    Tesla has introduced the long-awaited Actually Smart Summon (ASS) feature, alongside a simpler Dumb Summon option, in its latest software update. Actually Smart Summon enables Tesla owners to call their vehicle from a parking spot to a chosen nearby location via the Tesla App. The release notes humorously describe ASS as a magical tech experience, allowing your car to autonomously navigate to your position or destination.

    Dumb Summon offers basic functionality, allowing the car to move forward or backward with app-based controls. To use these features, owners simply access the Summon tab in the Tesla app, gaining live camera feeds to oversee the vehicle’s movements. While employing these features, vigilant supervision is advised, particularly in parking scenarios. Currently, ASS is available for cars equipped with Hardware 4, with future availability for Hardware 3 suggested imminently.

  • Woman using hands-free driving feature hits car, killing 2 in Pennsylvania, cops say (Miami Herald, September 3, 2024)

    A Pennsylvania woman, Dimple Patel, turned herself in on Tuesday this week after hitting and killing two men while driving her Ford Mustang Mach-E in the vehicle’s hands-free driving mode back in March of this year. At around 3 AM on March 3 in Philadelphia, two drivers were pulled over on Interstate 95 when Patel’s yellow Mach-E slammed into a vehicle from behind, killing both men. The Mach-E is reported to have been traveling at around 70 miles per hour with  BlueCruise hands-free driving feature enabled, as well as Adaptive Cruise Control when the crash occurred. Ford has commented on the incident, stating, “There is no priority higher than safety at Ford, and we have been collaborating fully with all relevant organizations on the investigations into these incidents.”

    The marketing materials for Ford’s BlueCruise state that drivers should continue to keep their eyes on the road when BlueCruise is enabled. Pennsylvania State Police urge drivers to “be aware and ready to regain control if the situation warrants your immediate reaction.”

  • Researchers probe safety of AI in driverless cars, find vulnerabilities (Tech Xplore, September 2, 2024)

    Artificial intelligence (AI) is a critical component in self-driving vehicles, facilitating decision-making, sensing, and predictive modeling. However, its vulnerability to attacks is a concern being explored by researchers at the University at Buffalo. Their studies indicate that malicious actors could potentially manipulate these AI systems, causing them to fail. For instance, 3D-printed objects might camouflage a vehicle from AI radar systems, rendering it undetectable.

    Although current autonomous vehicles remain safe, this research could impact the automotive and tech industries, and influence regulatory policies. Tests conducted at UB have shown that the most commonly used radar systems for object detection, though reliable, can be compromised using strategically placed “tile masks.” These discoveries underline potential attack motives such as insurance fraud or competition, and highlight the gap in security measures, which researchers aim to address by developing robust defenses.

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Legal Impacts of Emerging Mobility Trends https://nelson.sparkandsouldesign.com/legal-impacts-of-emerging-mobility-trends/ Wed, 07 Aug 2024 18:13:27 +0000 https://nelson.sparkandsouldesign.com/2024/08/07/what-we-reading-august-7-2024/ Mercedes-Benz gets the OK to begin testing its Level 4 autonomous driving tech in China

Electrek, August 6, 2024

US to Call for Limits on Chinese Vehicle Software Over Data Security Concerns

BNN Bloomberg, August 6, 2024

Tesla sued by family of motorcyclist killed in Autopilot crash

Yahoo News, August 2, 2024

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  • Mercedes-Benz gets the OK to begin testing its Level 4 autonomous driving tech in China (Electrek, August 6, 2024)

    Mercedes-Benz has become the first international automaker to be approved by local regulators in Shanghai to begin testing its SAE Level 4 autonomous driving system. Mercedes has been a leader in the advancement of autonomous driving technology, with its Level 3 “Drive Pilot” system as the only Level 3 non-robotaxi vehicle offered in the United States. Unlike Level 2 driving systems, like Tesla’s Full Self-Driving and Autopilot systems, Mercedes’ Level 3 system takes full control of driving situations, and also accepts full liability when the technology is enabled.

    In Shanghai, Mercedes has been approved to begin testing its Level 4 driving system on limited local roads and highways. With a L4 system, the vehicle is essentially doing all of the work, including parking and reversing. Carmakers XPeng and Tesla have plans to introduce Level 4 driving systems to China’s roads shortly, but for now, it seems Mercedes-Benz is getting a head start. 

  • US to Call for Limits on Chinese Vehicle Software Over Data Security Concerns (BNN Bloomberg, August 6, 2024)

    The US is escalating its tech confrontation with China by planning to restrict sales of Chinese vehicle software, targeting autonomous and internet-connected vehicles due to security concerns. The Biden administration, responding to a cybersecurity review initiated in March, aims to limit the use and testing of Chinese technology in these vehicles. This move addresses risks from devices in modern cars, which connect to the internet and are vulnerable to hacking. The restrictions will hinder Chinese companies from collecting data on US drivers and prevent Chinese suppliers from dominating the US market. The Commerce Department will enforce these measures, allowing a phase-in period for automakers to adjust. US officials are coordinating with international partners and have engaged in discussions with China. The measures will initially focus on software and systems that collect vehicle data, with potential future restrictions on hardware. The aim is to secure US automotive supply chains and mitigate national security risks.

  • Tesla sued by family of motorcyclist killed in Autopilot crash (Yahoo News, August 2, 2024)

    Tesla is in the news again as another wrongful death lawsuit was filed against the automaker.  The parents of Landon Embery are suing after their son was hit on his motorcycle by a Model 3 on a Utah highway in 2022.  The Tesla’s driver had Autopilot engaged at 75-80 mph.

    The complaint states, “A reasonably prudent driver, or adequate auto braking system, would have, and could have slowed or stopped without colliding with the motorcycle”.  This lawsuit continues to add to the scrutiny of Tesla’s Full Self-Driving and Autopilot capabilities.

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Key Innovations in Mobility and Insurance https://nelson.sparkandsouldesign.com/key-innovations-in-mobility-and-insurance/ https://nelson.sparkandsouldesign.com/key-innovations-in-mobility-and-insurance/#respond Wed, 12 Jun 2024 19:04:25 +0000 https://nelson.sparkandsouldesign.com/2024/06/12/what-were-reading-june-12-2024/ Waymo issues software and mapping recall after robotaxi crashes into a telephone pole

The Verge, June 12, 2024

Tesla’s DMV self-driving false advertising case must go to trial, CA judge rules

Fox Business, June 11, 2024

EV slump, Hertz fire sale take used Teslas to ‘no haggle’ $25,000 price

CNBC, June 10, 2024

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  • Waymo issues software and mapping recall after robotaxi crashes into a telephone pole (The Verge, June 12, 2024)

    Waymo issued its second ever recall after one of its robotaxis collided with a telephone pole in Phoenix, Arizona last month. Waymo issued the voluntary recall with NHTSA after the carmaker released a software update to all vehicles in its driverless fleet. The software update changed the error that “assigned a low damage score” to the telephone pole and updated its map for the area. “We have already deployed mapping and software updates across our entire fleet, and this does not impact our current operations,” stated Waymo spokesperson Katherine Barna. “As we serve more riders in more cities, we will continue our safety first approach, working to each trust with our riders, community members, regulators, and policymakers.”

    The vehicle suffered some damage after hitting the telephone poll at 8 mph, but no passengers or pedestrians were injured in the incident.

  • Tesla’s DMV self-driving false advertising case must go to trial, CA judge rules (Fox Business, June 11, 2024)

    Tesla has made headlines this week as Judge Juliet Cox has denied the company’s attempt to dismiss a lawsuit filed by the California DMV. The lawsuit accuses Tesla of falsely advertising its vehicles’ self-driving capabilities. Tesla has promoted its cars by claiming that Autopilot is an “advanced driver assistance system” and that Full Self-Driving (FSD) can “drive itself almost anywhere with minimal driver attention.” If Tesla is found liable, it could face a suspension of its license to sell vehicles in California and may have to provide restitution to Tesla owners residing in the state.

  • EV slump, Hertz fire sale take used Teslas to ‘no haggle’ $25,000 price (CNBC, June 10, 2024)

    Hertz is offloading 20,000 electric vehicles (EVs) after it acquired approximately 100,000 Teslas to expand its electric fleet in 2021. To facilitate the sale of these EVs, which make up one-third of its EV inventory, Hertz has announced a no-haggle pricing strategy with average prices around $25,000. Although EV sales have more than quadrupled from 2020 to 2023, the growth rate has decelerated as automakers are currently shifting their focus to hybrid vehicles.

    Used Hertz Certified EVs undergo a comprehensive 115-point inspection and come with a 12-month/12,000-mile limited powertrain warranty. Additionally, Hertz offers extended warranty options, trade-ins, financing, and the ability to rent the car for a few hours or up to three days, with the rental fee waived if the car is purchased. For those preferring online transactions, Hertz provides the option to buy cars online and even delivers the vehicle for an additional fee.

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Regulatory Shifts in Autonomous Vehicle Technology https://nelson.sparkandsouldesign.com/regulatory-shifts-in-autonomous-vehicle-technology/ https://nelson.sparkandsouldesign.com/regulatory-shifts-in-autonomous-vehicle-technology/#respond Wed, 05 Jun 2024 21:45:23 +0000 https://nelson.sparkandsouldesign.com/2024/06/05/what-were-reading-june-5-2024/ Ford EV and hybrid sales surge 65% in May

CNBC, June 4, 2024

Tesla plans to use cabin radar, ditching seat sensors for safety

Teslarati, June 3, 2024

Tesla Settles Fatal Crash Suit Ahead of California Trial

Transport Topics, May 28, 2024

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  • Ford EV and hybrid sales surge 65% in May (CNBC, June 4, 2024)

    Ford recently announced an increase of about 65% in sales of both hybrids and EVs.  While that number sounds astounding, let’s put it in perspective.  While there has been an increase, the total number of vehicles sold in that segment was about 26,000.  Ford sold just over 190,000 cars last month, so approximately 14% of those sales were accounted for by hybrids and EVs. 

    As recently reported, the Model E electric vehicle unit has taken enormous losses this year, but sales of its all-electric F-150 Lightening pickups and Mustang Mach-E EV have been growing.  The automaker is focusing on offering hybrid options across its entire North American lineup by 2030.

  • Tesla plans to use cabin radar, ditching seat sensors for safety (Teslarati, June 3, 2024)

    In a new software update, Software Version 2024.14.3, Tesla reportedly plans to incorporate cabin radar instead of seat sensors to show which seats are occupied, as well as detecting that a person is sitting in the driver’s seat when Full Self-Driving or Autopilot are engaged. According to a Tesla hacker, “greentheonly,” the use of cabin radar will be used to detect a human driver before the vehicle can move. This change is likely due to driver complaints regarding malfunctions of the seat sensors, as well as “cheat devices” that can trick the vehicle into detecting a human driver who is not there.

    The report of the cabin radar comes shortly after a NHTSA recall for Tesla’s malfunctioning seat belt warning system. According to Reuters, the remedy to this issue will “remove dependency on the driver seat occupancy sensor from the software and only rely on driver seat belt buckle and ignition status to activate the seat belt reminder signals.”

  • Tesla Settles Fatal Crash Suit Ahead of California Trial (Transport Topics, May 28, 2024)

    Only a few months after Tesla settled a high-profile case involving the fatality of a former Apple engineer, Tesla has settled another fatal crash lawsuit only days before the trial was scheduled to begin. The crash, which took place in downtown Indianapolis nearly 8 years ago, involved the driver Casey Speckman, who lost control of a 2015 Tesla Model S, which plaintiffs claimed accelerated on its own, causing the vehicle to hit a tree and burst into flames. The passenger, Kevin McCarthy, allegedly survived the impact, but died in the fire, unable to open the vehicle doors due to “the defective design of the door latch system entrapping him in the vehicle,” according to the lawsuit.

    Tesla has claimed that the vehicle was free from defects, with EDR data showing that Ms. Speckman had her foot on the accelerator pedal at the time of the collision. Additionally, police reports indicated a blood alcohol level that was more than double the legal limit. The “conditional” settlement between parties occurred on May 24, but no details were provided in court filings.

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Emerging Trends in Mobility and Regulatory Compliance https://nelson.sparkandsouldesign.com/emerging-trends-in-mobility-and-regulatory-compliance/ https://nelson.sparkandsouldesign.com/emerging-trends-in-mobility-and-regulatory-compliance/#respond Wed, 10 Apr 2024 18:24:00 +0000 https://nelson.sparkandsouldesign.com/2024/04/10/what-were-reading-april-10-2024/ Bipartisan data security breakthrough

The Hill, April 9, 2024

Tesla settles with Apple engineer’s family who said Autopilot caused his fatal crash

CNN Business, April 8, 2024

Gov. Andy Beshear Vetoes Self-Driving Vehicles Bill

Governing, April 8, 2024

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  • Bipartisan data security breakthrough (The Hill, April 9, 2024)

    On Sunday evening, the House and Senate Commerce committee chairs revealed a draft of the long-awaited bipartisan data privacy bill after years of failed efforts to pass a comprehensive privacy bill on the federal level. This draft bill requires companies to disclose how they use consumer data and provide more rights to consumers over how the data is used. Currently, 15 states have signed comprehensive data privacy laws. This federal draft bill aims to preempt state law, which Republicans have been endorsing, while Democrats have been pushing for the right for consumers to seek financial damages. 

    “A federal data privacy law must do two things: it must make privacy a consumer right, and it must give consumers the ability to enforce that right,” Senate Commerce Committee Chair Maria Cantwell (D-Wash.) said in a statement. “This bipartisan agreement is the protections Americans deserve in the Information Age.”

    House Energy and Commerce Chair Cathy McMorris Rodgers (R-Wash.) stated that the bill is “the best opportunity we’ve had in decades to establish a national data privacy and security standard that gives people the right to control their personal information.” 

  • Tesla settles with Apple engineer’s family who said Autopilot caused his fatal crash (CNN Business, April 8, 2024)

    Facing a potentially large monetary judgment and significant reputational damage as it continues to promote FSD, Tesla opted to settle a high-profile case that was expected to focus on Tesla’s controversial driver-assistance technology during a wrongful death trial which was set to commence this week.  The lawsuit arose from a 2018 car crash that killed an Apple engineer after his Model X, operating on Autopilot, swerved off a highway near San Francisco.

    Although the terms of the settlement were not disclosed, Tesla’s willingness to resolve such a highly publicized case involving Autopilot marks a stark departure from its prior steadfast decision to fully litigate other similar claims across the country. “It is striking to me that Tesla decided to go this far publicly and then settle,” Bryant Walker Smith, a law professor at the University of South Carolina with expertise in autonomous vehicle law told Reuters. “What this does do, though, is it says to other attorneys, we might settle. We might not always fight it. That is the signal.”

  • Gov. Andy Beshear Vetoes Self-Driving Vehicles Bill (Governing, April 8, 2024)

    Kentucky Governor, Andy Beshear, vetoed House Bill 7 last Friday, making it the second time he has vetoed an autonomous vehicle bill.  Last year he vetoed a similar bill, House Bill 135, that aimed to establish a regulatory framework for the operation of fully autonomous vehicles on public highways.

    House Bill 7 included safety precautions such as a trial period for semi-truck and other vehicles weighing more than 62,000 pounds, a human driver on board for two years after the effective date of the bill, the same legal requirements as traditional vehicles, and a safety plan submitted to the Kentucky Transportation Cabinet and the Kentucky State Police.

    Since the legislature passed the bill right before going into the veto-break period, they still have time to override the veto.  Veto overrides require a majority vote from both chambers of the state legislature. We will have to wait and see what the outcome will be as the bill overwhelmingly passed the House and narrowly passed the Senate.

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What We’re Reading https://nelson.sparkandsouldesign.com/uuzhu2go149ejpk4s50h9u9mn3th2i/ https://nelson.sparkandsouldesign.com/uuzhu2go149ejpk4s50h9u9mn3th2i/#respond Wed, 13 Mar 2024 20:55:27 +0000 https://nelson.sparkandsouldesign.com/2024/03/13/uuzhu2go149ejpk4s50h9u9mn3th2i/ Tesla Autopilot and similar automated driving systems get ‘poor’ rating from prominent safety group

CNN Business, March 12, 2024

Tesla’s going back to court over Autopilot’s role in the deadly 2018 crash

The Verge, March 11, 2024

Latest Data Show Continued Increase in Electric Vehicle Collision Claims

Claims Journal, March 8, 2024

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  • Tesla Autopilot and similar automated driving systems get ‘poor’ rating from prominent safety group (CNN Business, March 12, 2024)

    Adding fuel to growing consumer skepticism over automated driving, the Insurance Institute for Highway Safety recently offered a less than glowing review of the current state of advanced driver assistance systems. After testing 14 such systems, the IIHS awarded 11 “poor” ratings to Tesla’s Autopilot and FSD, as well as hands-free highway driving systems from Ford and Nissan among others. General Motors’ hands-free system, Super Cruise, was rated as “marginal.” Lexus’s Teammate with Advanced Drive system was the only system to receive an “acceptable” rating, which is still one step below the agency’s highest possible rating of “good.”

    “Some drivers may feel that partial automation makes long drives easier, but there is little evidence it makes driving safer,” Insurance Institute president David Harkey said in a statement. “As many high-profile crashes have illustrated, it can introduce new risks when systems lack appropriate safeguards.”

  • Tesla’s going back to court over Autopilot’s role in the deadly 2018 crash (The Verge, March 11, 2024)

    A fatal Tesla crash on Autopilot that resulted in the death of Wei “Walter” Huang in March of 2018 is going trial. While Tesla has won all similar cases in the past, this case has new evidence that could help the Plaintiff. Huang died after his Tesla Model X crashed into a safety barrier on US Highway 101 in Mountain View, California while in Autopilot.

    Huang’s family sued Tesla for wrongful death in 2019, alleging the vehicle did not have proper safety features, like automatic braking. In a 2016 email, former Tesla president Jon McNeil stated, “I got so comfortable under Autopilot, that I ended up blowing by exists because I was immersed in emails or calls.”

    The trial is set to begin on April 8th in a San Jose court with new evidence. This also will be the first case over the issue after the 2 million vehicle Tesla recall over Autopilot.

  • Latest Data Show Continued Increase in Electric Vehicle Collision Claims (Claims Journal, March 8, 2024)

    According to a recent trend report from Mitchell International Inc., EV collision claims increased more than 40% last year in the US and Canada. This record increase included an interesting substantial rise in claim severity in Canada. 

    “Not only did the frequency of EV collision claims rise to historic levels but the U.S. also surpassed 1.2 million in new EV sales for the first time ever,” said Ryan Mandell, Mitchell’s director of claims performance. “As long as consumer adoption remains strong, EVs will continue to have a significant impact on the auto insurance industry—creating challenges for everything from underwriting to the delivery of proper and safe repairs,” Mandell added.

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What We’re Reading https://nelson.sparkandsouldesign.com/what-were-reading-january-10-2024/ https://nelson.sparkandsouldesign.com/what-were-reading-january-10-2024/#respond Wed, 10 Jan 2024 15:40:21 +0000 https://nelson.sparkandsouldesign.com/2024/01/10/what-were-reading-january-10-2024/ GM robotaxi unit Cruise offers $75,000 to resolve crash probe

Reuters, January 8, 2024

Tesla recalls more than 1.6 million cars in China over problems with Autopilot, locks

CNBC, January 5, 2024

Elon Musk defeats bid to be questioned in Tesla fatal crash lawsuit

Reuters, January 3, 2024

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  • GM robotaxi unit Cruise offers $75,000 to resolve crash probe (Reuters, January 8, 2024)

    In its ongoing efforts to assuage California regulators in the wake of its purported failure to disclose critical details of a pedestrian crash involving a self-driving car, General Motors’ Cruise robotaxi unit has offered to pay $75,000 to resolve a pending investigation by the California Public Utilities Commission. Cruise is scheduled to appear at a Feb. 6 hearing to address claims that it misled the commission “through omission” as to the seriousness of the accident and for “misleading public comments.”

    As part of the settlement offer, Cruise also offered to significantly bolster the frequency and content of its reporting of collisions to the commission. Cruise said it “is committed to undertaking significant process improvements with respect to its interactions with regulators” and “committed to increased transparency, cooperation, and rebuilding regulatory trust with the commission.”

  • Tesla recalls more than 1.6 million cars in China over problems with Autopilot, locks (CNBC, January 5, 2024)

    On the heels of its recall of approximately 2 million vehicles in the U.S., Tesla recently announced that it is similarly recalling more than 1.6 million cars in China to fix problems with the “misuse” of Autopilot features and concerns that, during a crash, the noncollision side door will unlock. Tesla plans to issue an over-the-air software update to address both issues. According to Chinese regulators, the recall impacts Model S, Model X, Model 3 and Model Y vehicles.

  • Elon Musk defeats bid to be questioned in Tesla fatal crash lawsuit (Reuters, January 3, 2024)

    In a rare legal victory for Tesla in Florida, the 4th District Court of Appeal in West Palm Beach held that lawyers for the plaintiff could not depose Elon Musk in a wrongful death case arising from a 2018 fatal high-speed crash involving a Tesla Model S. Specifically, the court held that Musk could not be questioned regarding a call he had with the driver’s father after the accident

    Citing the high bar faced by attorneys seeking to question top corporate officials and government leaders, the appeals court found Musk had no “unique, personal knowledge” that would justify compelling him to appear for a deposition. The appeals court added that Musk had already provided sworn testimony in the case that he did not recall discussing any issues pertinent to the alleged cause of the accident during his phone call with the driver’s father.

    The case is Tesla Inc v. Edgar Monserratt, as personal representative of the Estate of Edgar Monserratt Martinez, Florida Fourth District Court of Appeal, No. 4D2023-2075.

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What We’re Reading https://nelson.sparkandsouldesign.com/what-were-reading-november-29-2023/ https://nelson.sparkandsouldesign.com/what-were-reading-november-29-2023/#respond Wed, 29 Nov 2023 22:06:00 +0000 https://nelson.sparkandsouldesign.com/2023/11/29/what-were-reading-november-29-2023/ Judge says evidence shows Tesla and Elon Musk knew about flawed autopilot system

NPR, November 23, 2023

GM’s Cruise To Relaunch Driverless Robotaxi Service On A Smaller Scale

InsideEVs, November 24, 2023

More headaches for Tesla in Sweden as a supplier for Model Y joins strike

Electrek, November 27, 2023

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  • Judge says evidence shows Tesla and Elon Musk knew about flawed autopilot system (NPR, November 23, 2023)

    Last week, Palm Beach County Circuit Court Judge Reid Scott granted Plaintiff’s hotly contested motion to amend the complaint to add a claim for punitive damages in the Banner case, which we have been following closely. In subsequent orders issued this week, Judge Scott also denied Tesla’s motion for summary judgment and numerous motions Tesla had filed seeking to limit or bar testimony of Plaintiff’s expert witnesses at trial.   

    Judge Reid’s opinion cited evidence that Tesla “engaged in a marketing strategy that painted the products as autonomous” and that Musk’s public statements about the technology “had a significant effect on the belief about the capabilities of the products.” “It would be reasonable to conclude that the Defendant Tesla through its CEO and engineers was acutely aware of the problem with the ‘Autopilot’ failing to detect cross traffic,” Judge Scott added.

    After recently prevailing on two similar product liability trial in California, this ruling is the first major setback for Tesla in its battle to push liability to consumers for failing to properly monitor or use Tesla’s Level 2 systems.  During a recent hearing, however, Tesla advised that it will attempt to immediately appeal the above rulings, which, if allowed, will substantially delay the already repeatedly rescheduled trial date.

  • GM’s Cruise To Relaunch Driverless Robotaxi Service On A Smaller Scale (InsideEVs, November 24, 2023)

    In the wake of significant fallout from a widely publicized accident last month, which led to regulators banning its vehicles from California roadways and an internal decision to pause all operations nationwide amidst a top executive shakeup, Cruise announced this week that it plans to relaunch its robotaxi operations on a much smaller scale in a yet to be announced location.

    “Once we have taken steps to improve our safety culture and rebuild trust, our strategy is to re-launch in one city and prove our performance there, before expanding,” the company said in a statement.

  • More headaches for Tesla in Sweden as a supplier for Model Y joins strike (Electrek, November 27, 2023)

    Tesla mechanics in Sweden are on strike against the anti-union automaker over the lack of a collective bargaining agreement covering their working conditions. Workers are refusing to do any work with Tesla in any way until Tesla signs the collective bargaining agreement with Swedish union IF Metall. Tesla has refused to sign the agreement because “it doesn’t have a manufacturing plant in Sweden.”

    Now, workers from Swedish supplier Hydro Extrusions, responsible for aluminum profiles for the Model Y, have joined the strike against Tesla, and are prepared to “ramp things up” until Tesla signs the collective bargaining agreement. Hydro Extrusions, a subsidiary of aluminum and energy company Hydro, sends aluminum profiles to factories in Berlin, which produces a majority of Model Ys that Tesla sells in Europe.

    “This fight is very, very important. It’s so important that we cannot let it go. It’s important for us but also for the whole Swedish labor market,” says Veli-Pekka Saikkala, IF Metall negotiation secretary. “[I]f this causes disruption to [Tesla] we hope to force them back to the negotiation table.”

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What We’re Reading https://nelson.sparkandsouldesign.com/what-were-reading-november-15-2023/ https://nelson.sparkandsouldesign.com/what-were-reading-november-15-2023/#respond Wed, 15 Nov 2023 20:54:00 +0000 https://nelson.sparkandsouldesign.com/2023/11/15/what-were-reading-november-15-2023/ Self-Driving Carmakers to See Increased Liability for Crashes, Report

IOT World Today, November 15, 2023

Tesla will sue for $50,000 if you try to resell your Cybertruck

News 5 Cleveland, November 13, 2023

Tesla Owner Wins $10k Settlement Over Tesla’s FSD Claims

Not a Tesla App, November 8, 2023

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  • Self-Driving Carmakers to See Increased Liability for Crashes, Report (IOT World Today, November 15, 2023)

    Fully self-driving cars are still years away from mainstream use, despite the increasing advances in AV technology. A new MarketWatch report states that the United States is “at least a decade away from fully self-driving cars.” There are two main problems facing the AV industry: innovation outpacing regulation and increasing costs of repairs.

    Federal and state governments are unsure how to update legislation around autonomous vehicle use and development, especially with ongoing issues such as those with Cruise and Tesla. The report predicts a shift in liability from driver to the automaker as liability regulation becomes more of a necessity. “If a driverless car hits another vehicle or pedestrian, determining who’s at fault gets complicated,” the report states. “The traditional model of car insurance will likely need to be adjusted to hold manufacturers or software developers liable for collisions caused by autonomous vehicles.”

    The other main issue is the increasing cost of repairs. Currently, there are not enough certified or skilled mechanics who are able to work on repairing autonomous vehicles, since “AVs have complex components that require automotive specialists to repair.” While the number of certified mechanics is expected to increase over the upcoming years, there are currently not enough, driving up the costs of repairs.

  • Tesla will sue for $50,000 if you try to resell your Cybertruck (News 5 Cleveland, November 13, 2023)

    According to a new update to Tesla’s terms and conditions in its Purchasing Agreement, Tesla will sue you if you attempt to resell your Tesla Cybertruck within the first year after purchase. Tesla added a section to its buyer’s agreement titled “For Cybertruck Only,” in which the company states: “You agree that you will not sell or otherwise attempt to sell the Vehicle within the first year following your Vehicle’s delivery date.” It further states that “Tesla may seek injunctive relief to prevent the transfer of title of the Vehicle or demand liquidated damages from you in the amount of $50,000 or the value received as consideration for the sale or transfer, whichever is greater. Tesla may also refuse to sell you any future vehicles.”

    If a customer should have reasonable cause to return the vehicle, Tesla may agree to buy it back, minus “$0.25/mile driven, reasonable wear and tear, and the cost to repair the Vehicle to Tesla’s Used Vehicle Cosmetic and Mechanical Standards,” or Tesla may agree to allow the customer to sell the vehicle.

    The long-awaited Cybertruck is expected to be released on November 30.

  • Tesla Owner Wins $10k Settlement Over Tesla’s FSD Claims (Not a Tesla App, November 8, 2023)

    In what could be harbinger of things to come, at least on the European front, a UK Tesla owner recently obtained a significant settlement from Tesla over his claim that the automaker’s FSD feature failed to deliver as promised. This outcome highlights the UK’s consumer-centric approach to resolving disputes with automakers, the backbone of which is the UK Consumer Rights Act 2015 that requires goods to match their advertised description.

    On this side of the pond however, a California federal judge’s ruling last month led to a much different outcome in similarly pled allegations. There the court held that any consumer disputes between Tesla and its vehicle owners must be resolved through individual arbitration rather than in court, pursuant to the term and conditions of the purchase contract.  In addition to avoiding class action lawsuits, binding arbitration allows Tesla to mitigate legal risks by individually defending each claim outside the public court system and without concerns of creating adverse legal precedent. 

    These divergent avenues of recourse highlight the complexities of the evolving international landscape of autonomous vehicles and the nuanced approaches different countries are taking to balancing this emerging technology with consumer rights.     

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