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Details behind Model X owner’s $5M+ class action lawsuit against Tesla

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Following our report that a Model X owner has filed a class action law suit against Tesla, claiming a widespread defect in the vehicle’s onboard software causes sudden unattended acceleration (SUA), new details behind the suit have been obtained by Teslarati that shows a legal team aggressively targeting the core component to the Silicon Valley-based electric car maker’s fleet of vehicles.

The class action filed in federal district court claims Ji Chang Son – Korean star residing in Orange County, Calif. – crashed through his garage and into the living room of his home after his Tesla Model X accelerated suddenly and without warning on September 10, 2016, approximately one month after Mr. Son took delivery of the electric SUV. The suit claims that “Tesla has failed to properly disclose, explain, fix, or program safeguards to correct the underlying problem of unintended acceleration”, adding that “over sixteen thousand Model X owners with vehicles that could potentially accelerate out of control.

Son’s attorneys gave the court a full account of the development of the Model X, focusing on the company’s claim that the Model X is “the safest, fastest and most capable sport utility vehicle in history.” On the contrary, according to Son’s attorneys. They allege the Model X has a safety defect that permits the car to accelerate at full speed directly into solid objects, such as the exterior wall of Son’s home. In particular, they point out that 8 written complaints have already been filed with the National Highway Transportation Safety Administration from other Model X owners who report similar occurrences while driving their cars.

The lawsuit reads,

“Irrespective of whether the SUA events in the Model X are caused by mechanical issues with the accelerator pedal, an unknown failure in the electronic motor control system, a failure in other aspects of the electrical, mechanical, or computer systems, or some instances of pedal misapplication, the Model X is defective and unsafe. Tesla’s lack of response to this phenomenon is even more confounding when the vehicle is already equipped with the hardware necessary for the vehicle’s computer to be able to intercede to prevent unintended acceleration into fixed objects such as walls, fences, and buildings.

Despite repeated instances of Model X drivers reporting uncommanded full power acceleration while parking, Tesla has failed to develop and implement computer algorithms that would eliminate the danger of full power acceleration into fixed objects.This failure to provide a programming fix is especially confounding for a vehicle that knows when it is located at the driver’s home and is being parked in the garage, yet carries out an instruction, regardless of whether through an error by the vehicle control systems or by driver pedal misapplication, to accelerate at full power into the garage wall.

Further, not only has Tesla failed to fix the problems, it has chosen instead to follow in the footsteps of other automobile manufacturers and simply blame the driver.”

One problem, according to Son’s attorneys, is the software that controls the Automatic Emergency Braking system. Tesla has programmed that feature to disengage in order to allow drivers to make emergency maneuvers,  “in situations where you are taking action to avoid a potential collision. For example:

  • You turn the steering wheel sharply.
  • You press the accelerator pedal.
  • You press and release the brake pedal.
  • A vehicle, motorcycle, bicycle, or pedestrian, is no longer detected ahead.”

In other words, say the attorneys, a Model X will drive straight into a solid wall if that is what the system thinks the driver wants it to do. “Apparently, this includes situations where the computer believes, rightly or wrongly, that the driver is commanding full power acceleration directly into fixed objects immediately in front of the vehicle.”

Class action lawsuits are complex and highly specialized legal actions. Federal law requires that the damages alleged for the entire class exceed $5 million. The plaintiff’s attorney have done so by claiming that Tesla is aware of at least two other instances in which drivers allege sudden unintended acceleration occurred while driving their Model X at low speeds. They then extrapolate those numbers to suggest that the rate of SUA incidents attributable to the Model X is 64 per 100,000 vehicles — substantially higher than for any other vehicle in history.

Page 12 of JI CHANG SON vs. TESLA MOTORS class action complaint

They point out that the incidence rate of SUA incidents for Toyota vehicles — which grabbed national headlines in 2010 — was far lower. They then go on to remind the court that Toyota paid several hundred million dollars to SUA victims as well as a $1.2 billion federal fine. Notice that the chart included in the pleadings shows an exaggerated and disproportionate projected SUA incidence rate for the Model X highlighted in bright red.

Tesla says its data retrieved from the vehicle’s blackbox shows the accelerator in Son’s Model X was fully depressed when the accident occurred. The question for the court will be whether the driver pressed the wrong pedal or whether the vehicle accelerated on its own. It is unclear whether a software failure would register the pedal as fully depressed even if it was not physically operated by the driver.

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Plaintiffs always have the burden of proving their allegations. Attorneys for injured parties often rely on a legal doctrine known as res ipsa loquitur, which is Latin for “the thing speaks for itself.” Loosely translated, it means “we don’t know what is wrong with your product that you designed and built, but you know or should know.” Res ipsa loquitur shifts the burden of proof onto the defendant, which makes it much easier for a plaintiff to prevail in court.

One advantage the plaintiff gains from filing suit is the ability to discover what information Tesla has that is not yet public. Does Tesla know something it isn’t telling its customers? We may find out as this litigation goes forward.

We’ve provided a copy of the entire class action filing below.

[pdf-embedder url=”http://www.teslarati.com/wp-content/uploads/2017/01/Son-vs-Telsa-class-action-8-16-cv-2282.pdf”]
 

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Tesla Robotaxi fleet gets a brain upgrade ahead of Cybercab launch event

Tesla’s Robotaxi service now runs longer hours nationwide as its unsupervised fleet quietly grows larger.

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Tesla’s Robotaxi service just got easier to catch, with the company’s official Robotaxi account noting that rides are now available from 6 a.m. to 10 p.m., seven days a week, across its operating footprint. The account also said its unsupervised fleet is “a lot bigger” than before, though without specifics. The bigger change is what Tesla says upgraded intelligence in vehicle distribution and routing is what’s actually cutting wait times, not a new Full Self-Driving version.

While Tesla did not name the team behind the upgrade, the language points to its AI and fleet software group rather than the driving stack itself. Vehicle distribution and routing in Robotaxi has functioned mostly as a dispatch problem with the software deciding which idle car goes to which rider, and how far it has to travel to get there. “Upgraded intelligence” suggests a smarter version of that dispatch logic, likely using demand forecasting to position idle cars near where riders are about to request them rather than reacting once a request comes in. Tesla’s AI division has built similar prediction systems for other parts of the business, including the neural networks that power FSD itself, so applying that same approach to fleet logistics would be a natural extension rather than a new discipline for the team.

Tesla is also about a week away from a separate robotaxi milestone. The company plans to launch Cybercab, its purpose built two seat robotaxi with no steering wheel or pedals, in Austin on September 3. Cybercab has been giving employees rides on public and private roads for weeks, and the September event is expected to fold those vehicles into the existing Robotaxi fleet within days of the launch.


Austin previously ran Robotaxi from 6 a.m. to 2 a.m. as of last September, a schedule set before the service expanded into Dallas, Houston, Miami, Tampa, Orlando and the Bay Area. Wednesday’s post did not specify whether that extended overnight window still applies in Austin specifically or whether 6 a.m. to 10 p.m. is now the standard across every market. Tesla’s post, visible on its official Robotaxi account, framed the change simply as fewer riders waiting around for a car.

Whether the wider hours hold once Cybercab enters the fleet next week is the next thing worth watching. Tesla has tended to expand Robotaxi in increments, first geofence, then hours, then fleet size, and each step so far has arrived without much advance notice.

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Cybertruck

Tesla Cybertruck AWD is a steal at $60k, is it still at $75k? Full Review

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Tesla Cybertruck’s three configurations are all the same on the outside from an appearance perspective, but they differ slightly in price, range, performance, and other features. After yesterday’s price adjustment, Tesla’s Base All-Wheel-Drive Cybertruck is now priced at $74,990, a far cry from the $59,990 it started at several months ago.

At $60,000, the Cybertruck All-Wheel-Drive is a steal: no pickup, electric or gas-powered, comes close in terms of overall driving capability thanks to Steer-by-Wire; no truck is more fun to drive at that price, and add in Full Self-Driving for $99 per month, and you truly have the best possible pickup on the market, at least if you’re planning to use it for driving.

I unfortunately didn’t have the equipment to test towing and payload and how it impacts the truck.

But at $75,000, is it still worth it? Obviously, the question gets to be more difficult because of the $15,000 difference. But there’s still an argument.

I spent the last week with this awesome truck, and when I took it back, I was sad because it truly is the best Tesla in the lineup. I formerly said the Model S was my favorite Tesla, but after a week with Cybertruck, I can easily say it would be my choice over the now-defunct all-electric sedan.

What makes it so great? Well, a lot of things, and there are some things that I’d like to see change. However, this is a truck that truly has a serious argument for those who are thinking of trying something completely different.

Exterior and Interior

This build comes with 18″ Molten Wheels as the standard offering, but 20″ Core Wheels with 35″ tires are also available. The standard wheel option on this affordable model is not my favorite, but it can be easily swapped for something more attractive.

Overall, this particular build did have some panel gap issues that were especially noticeable between the hood and both front quarter panels. This is obviously not an “across the board” issue, as the Cyberbeast I took home for comparative reasons was significantly better overall.

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The interior is different, with its textile material instead of the vegan leather. Personally, I missed the leather due to the ventilated seats, but I prefer the textile as I personally felt like they were more comfortable. This is something I’d definitely consider if I were between the three trim levels and money was not really an issue.

After 610 miles on Monday in this thing, I did not feel any different than I did when I left my house that morning. It feels like a living room on wheels; after a long drive, you truly do not feel as if you’ve been in a car all day long.

My biggest interior complaints were that I’d like at least two USB-C ports in the front; you are confined to just one, and it’s hidden in the center console. The rear row has two ports. Additionally, the windshield is super difficult to clean, so if you end up buying one of these, save your back and get something that extends.

Driving Performance and Comfort

One of the most surprising things about Cybertruck is the fact that it is perhaps the smoothest ride of any Tesla available. Most believe it might be rough, stiff, and rugged like most trucks, maybe not as forgiving on the back and bottom as you sit in it for an extended period of time.

I’m here to tell you, you won’t regret sitting in a Cybertruck for a long drive.

I put as many people who dislike EVs, don’t like Cybertrucks, or use trucks for work, and judge the Cybertruck in this thing in the past week.  Every single person who got in this truck loved it: they loved the speed, the handling, FSD, the space, the capability, and the feel.

As previously noted, even after hundreds of miles and 14 hours spent driving around Pennsylvania, I didn’t feel tired, exhausted, or in any hurry to come home. I would have driven another 300 miles without question.

Final Thoughts

If I had my choice of the three Cybertruck trims, I think I’d take the All-Wheel-Drive for a few reasons. Initially, the price is more attractive, it is not that stripped of features, and it has everything I need.

Is it worth it at $75,000? I believe it is. I’ve driven trucks that are at a higher price point and consider this to be a better product from a driving and experience perspective. However, other pickups on the market have more towing capacity, payload capacity, and range. They do not have FSD or steer-by-wire, the two things that truly make the Cybertruck in a league of its own.

I can’t think of a time in recent memory that I’ve been this excited to drive a vehicle each day, and I literally look for excuses to drive my Model Y on a daily basis. This Cybertruck just blows the Model Y out of the water in every possible way, at least in my opinion. With the size, performance, and driving experience, there is no better Tesla out there.

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You can check out the full video review below. If you have any questions about the Cybertruck AWD, be sure to reach out and let me know:

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Elon Musk

County vote hands Elon Musk’s Vegas tunnel network a huge new target

Clark County approved 19 more Vegas Loop stations, pushing Boring Company’s entitled total to 123.

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The Boring Company just got permission to nearly double how far Vegas Loop can reach. Clark County commissioners approved 19 additional stations for the underground transit system, bringing the total entitled to 123, the company said in a post on X thanking the county for the vote. Elon Musk’s tunneling company also flagged the direction it sees the project heading long term. “Because Loop is point-to-point with no intermediate stops, in the limit, one could have a Loop station in every driveway,” the company wrote.

That framing captures how far the ambitions have moved. The Vegas Loop opened its first stretch of tunnel in 2021 and has grown its footprint through a string of county approvals since. In 2023, commissioners signed off on 18 additional stations, part of a plan that later doubled the system’s target to 69 stations across 65 miles. By the end of that year the company was describing a build out closer to 93 planned stations. Last year the long term design called for 104 stations across 68 miles of tunnel. The new approval pushes that number to 123, another jump in a project that keeps outgrowing its own blueprints.

The Boring Company gets approval for more stations in Las Vegas

Station count on paper is still well ahead of what riders can actually use. As Teslarati reported earlier this month, the network has about 11 open stations and has carried more than 4 million passengers since it began running, with newer stops at Fontainebleau and Sahara among the latest additions to the Strip corridor. A tunnel connection to Harry Reid International Airport remains under construction and has already slipped past its original first quarter target. The company is also racing to finish a Westgate to Paradise Road segment that Las Vegas Convention and Visitors Authority CEO Steve Hill has said it hopes to have running in time for November’s Formula 1 race.

The gap between entitled stations and operating ones is where the real story sits. Regulatory approval gives Boring Company the legal runway to keep tunneling toward new resorts, residential pockets and eventually the airport, but building each connection still comes down to boring machines, fire safety sign offs and construction timelines that have slipped before. The company’s Prufrock series machines set an internal record in March with a 2.28 mile tunnel near Westgate, evidence that construction has been picking up even as the list of approved destinations grows faster than the tunnels themselves.

Musk’s driveway comment reads as aspirational rather than a near term plan, but it fits how Boring Company has talked about Vegas Loop from the start: treat every approval as a floor, not a ceiling, and keep pushing county officials for room to dig.

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