How Is Fault Determined in a Tesla Car Accident?
Self-driving cars are often touted as being safer than those driven by human drivers. However, under certain conditions like heavy fog and low-light conditions, they are more likely to crash and injure others. In Pasadena, a heavily populated city bustling with drivers, accidents involving Tesla vehicles are not uncommon. Driver negligence is one of the most common causes of car accidents in Pasadena.
If you are involved in a Tesla car accident in Pasadena, consulting with an experienced car accident lawyer is crucial. An attorney experienced in Tesla accidents can help you gather evidence, navigate the claims process, and pursue fair compensation.
Safety Concerns for Tesla Drivers
Tesla vehicles have advanced crash avoidance technology, automatic emergency braking, and side collision warnings. Although self-driving features are available for drivers to use responsibly, Tesla states that drivers should not rely on these features and that driver supervision is still necessary.
When drivers rely on Autopilot and Full Self-Driving systems, it can lead to driver distraction and overreliance on these systems. In 2021, the National Highway Traffic Safety Administration (NHTSA) opened investigations of Tesla’s Autopilot after pinpointing more than a dozen crashes caused by Tesla vehicles hitting stationary emergency vehicles.
The NHTSA has investigated 956 crashes involving Tesla vehicles, starting in January 2018 and ending in August 2023, resulting in 29 deaths and 211 crashes with injuries.
In 59 crashes, drivers had enough time (five or more seconds) to react before crashing into another object but failed to brake or steer to avoid the hazard in a majority of cases.
The NHTSA found that Autopilot “can provide inadequate driver engagement and usage controls that can lead to foreseeable misuse.” Thus, Tesla drivers may be under the impression that their car is more capable than it actually is in certain situations. When these systems are being utilized, drivers may not always be paying attention, which can cause serious accidents.
Tesla Autopilot vs. Full Self-Driving
Tesla Autopilot and Full Self-Driving are often used interchangeably, but they have distinct differences that are crucial for drivers to understand.
Autopilot is an advanced driver assistance feature that offers autosteering (within a clearly marked lane) and traffic-aware cruise control, which matches your vehicle’s speed to surrounding traffic.
Full Self-Driving (FSD) can handle a wider range of driving tasks (with minimal intervention), such as:
- Automatic lane changes
- Automatic parking
- Autosteer on city streets
- Navigating on highways
However, it’s important to note that neither system makes the vehicle autonomous. Both systems require driver supervision. Currently, Tesla models with fully self-driving capabilities are not available to the general public.
Tesla Autopilot Crashes
The National Highway Traffic Safety Administration (NHTSA) is investigating Tesla’s Autopilot feature and has identified at least 13 fatal crashes involving the feature. These crashes involved one or more fatalities and serious injuries. Investigations into these incidents revealed that drivers misused the Autopilot feature or believed the automation had greater capabilities than it does.
The NHTSA found that “Tesla’s weak driver engagement system was not appropriate for Autopilot’s permissive operating capabilities.” Tesla said it would deploy a software update that would incorporate more controls and alerts that would encourage drivers to adhere to their continuous driving responsibility.
Tesla Full Self-Driving Crashes
Tesla’s Full Self-Driving feature has been linked to multiple crashes, including a recent incident in Fullerton where a Tesla driver crashed into a police car while using self-driving mode. According to the Fullerton police department, the officer was investigating a deadly crash when the Tesla plowed into the police cruiser that had its emergency lights on. The driver admitted to using the self-driving mode while using a cell phone. Fatal accidents involving Tesla’s Full Self-Driving (FSD) system have sparked debates over the safety of autonomous vehicles.
Liability in a Tesla Car Accident Case
Determining liability in a Tesla car accident can be complex, especially when Autopilot or Full Self-Driving features are involved. Liability may fall on multiple parties, including the Tesla driver, Tesla, or a third-party driver.
If the accident occurred while the Autopilot or Full Self-Driving feature was active, the vehicle manufacturer could be held partially liable if a defect or failure in the technology contributed to the crash. Alternatively, the driver may still bear some responsibility, as these systems are not fully autonomous and require constant supervision. In some cases, a third party, such as another driver, could also share liability.
In California, comparative negligence laws allow personal injury victims to recover compensation even if they are partially at fault for an accident. Under California’s pure comparative negligence rule, a victim’s compensation is reduced by their percentage of fault. For example, if a car accident victim is 22% at fault, they may still recover 78% of damages. Due to the complex liability in Tesla accident cases, it’s crucial to consult with an experienced attorney to navigate the claims process, identify the responsible parties, and hold them liable for the damages.
Common Injuries Sustained in Tesla Accidents
- Traumatic brain injuries (TBIs): An impact or jolt to the head during a collision can cause a serious head injury or traumatic brain injury. TBIs can range from mild concussions to severe brain damage.
- Spinal cord injuries: A car accident can cause trauma in the lumbar spine, cervical spine, or thoracic spine. These injuries can cause paralysis, depending on the location and severity of the injury.
- Fractures and broken bones: Due to the force of impact in high-speed crashes, occupants can suffer from fractures or broken bones, particularly in the arms, legs, ribs, and face.
- Burns and chemical exposure: Tesla vehicles are powered by large lithium-ion batteries, which can catch fire or explode in a severe crash, leading to burns or chemical exposure. Victims may suffer from first-degree to third-degree burns or inhalation injuries from toxic fumes released by the damaged battery.
- Soft tissue injuries: These kinds of injuries involve damage to the muscles, ligaments, and tendons. Soft tissue injuries can cause significant pain, swelling, bruising, and limited mobility.
- Internal injuries: The force of impact in a collision can cause blunt force trauma and internal injuries. These injuries are often life-threatening and require emergency medical care.
What Compensation Can I Recover in a Tesla Car Accident?
Victims of Tesla car accidents may be able to recover the following damages in a personal injury claim:
- Medical expenses: This includes all current and future medical costs associated with the accident, such as hospital bills, surgeries, medication, rehabilitation, and therapy.
- Lost wages: If you missed work due to your injuries, you can pursue compensation for lost income. If your injuries result in long-term or permanent disability, you may also recover compensation for loss of future earning capacity.
- Pain and suffering: This can include compensation for physical pain, anxiety, depression, PTSD, and the loss of enjoyment of life.
- Property damage: If your vehicle and any other personal property were damaged in the accident, you can pursue compensation to cover repair or replacement costs. This may also cover rental car costs while your vehicle is being repaired or replaced.
- Loss of consortium: The spouse or family members of the victim may recover compensation for loss of companionship, care, and affection resulting from the injury or death of their loved one.
- Punitive damages: In cases where the at-fault party’s actions were particularly reckless or egregious, the court may award punitive damages.
- Wrongful death: If the accident results in the death of a loved one, surviving family members may be able to recover damages for funeral and burial costs, medical bills, and loss of financial support.
Contact a Tesla Car Accident Lawyer Today
If you are involved in an accident with a Tesla using Autopilot or Full Self-Driving in Pasadena, it’s best to consult with an experienced auto accident lawyer. At Rose Accident Lawyers, we understand the unique challenges of litigating Tesla accident cases and will guide you throughout the claims process.
Our car accident lawyers can help you gather crucial evidence, determine the liable parties, and negotiate with insurance companies to recover fair compensation. We maintain a 99% success rate and have recovered millions of dollars in compensation for our clients. Our Pasadena personal injury law firm offers a free initial consultation to discuss the viability of your case and review your legal options. Call us today to schedule a free case evaluation.