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The family of a motorcyclist killed in a 2022 crash involving a Tesla vehicle using Autopilot is suing the company in Utah state court, claiming that its technology is “defective.”
Landon Embry died after a driver in a Tesla Model 3 enabled Autopilot and, at between 75 and 80 miles per hour, hit the back of his Harley Davidson motorcycle, the lawsuit says. The 34-year-old was thrown off his vehicle and suffered fatal injuries.
The lawsuit, filed by Embry’s parents in Salt Lake City District Court and first reported by Reuters, claims the Model 3's driver was not “in a condition to drive” and that they relied on Tesla’s driver-assistance tech to keep them — and those around them — safe. The late-July lawsuit names the Model 3's occupants, owner, Tesla, and dozens of affiliates as defendants.
Tesla is accused of negligence, reckless misconduct, and strict product liability, among other charges. The complaint alleges that Autopilot “should have identified the hazard posed by Decedent’s motorcycle in its presence,” later adding that a “reasonably prudent driver” or auto braking system could have avoided the incident.
The lawsuit is just one of the latest headaches for Tesla as it tries to advance its driver-assist software, known as Autopilot and Full Self-Driving (FSD). Earlier this week, Washington state police determined that a Tesla that killed a motorcyclist in April was operating on FSD at the time of the crash.
The National Highway Traffic Safety Administration (NHTSA) has linked Autopilot to more than 200 crashes and 29 deaths and opened more than 50 special crash investigations into Tesla vehicles thought to be linked to Autopilot. The Wall Street Journal reports that more than 1,200 Autopilot-related crashes have been reported to the NHTSA since 2021.
Tesla is facing several lawsuits in both federal and state court over incidents related to its driver assistance technology. In April, the Austin, Texas-based automaker settled with the family of 38-year-old Apple engineer Walter Huang, who crashed into a barrier on a California highway in 2018 while using Autopilot.
Tesla won two previous California trials over Autopilot largely by blaming human errors for the accidents — and one fatality — that occurred. CEO Elon Musk has previously said that Tesla will “never seek victory in a just case against us” and will “never surrender/settle an unjust case against us.”
Tesla has also been accused of false advertising by California’s Department of Motor Vehicles and investigated by the state attorney general’s office over its marketing practices related to its tech. The Department of Justice has opened a separate investigation into Musk and Tesla for their claims about Autopilot. Musk has repeatedly over-promised and failed to deliver on his claims about Tesla’s rapid advancement in autonomous driving.