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Details behind Model X owner’s $5M+ class action lawsuit against Tesla
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.
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”]
Tesla’s Automatic Collision Evasion feature can be seen in one of the first owner videos of it in action.
Tesla owner Spencer (@scotsrule08) posted on Monday that the feature “worked flawlessly,” saying FSD reengaged itself just as he was about to hit a curb. Ashok Elluswamy, who leads Tesla’s AI team, shared the clip and wrote, “A guardian angel always looking out for you.”
The video arrives in the middle of a staged rollout. Tesla first shipped Automatic Collision Evasion with FSD (Supervised) v14.3.9 in software update 2026.27.6 earlier this month, which Teslarati covered as it reached cars. Update 2026.27.10, which began going out on September 19, carried the feature improvements with FSD v14.3.10, according to release notes tracked by Not a Tesla App. The newer 2026.27.11 build is now reaching another wave of vehicles.
The new Automatic Collision Evasion feature worked flawlessly! FSD reengaged itself just as I was about to hit a curb.
Kudos @Tesla_AI team! 👏 pic.twitter.com/Fbp15HhpL2
— Spencer (@scotsrule08) September 28, 2026
The feature only runs on HW4 vehicles, and it requires an active FSD purchase or subscription with both FSD (Supervised) and Automatic Emergency Braking enabled. HW3 owners receive FSD v14.2 Lite in the same updates, but that build does not include collision evasion.
Tesla’s release notes describe two triggers. The first is an imminent frontal collision that braking alone may not prevent, in which case the car can activate FSD to steer, brake or accelerate around the hazard. That scenario is limited to highways below 85 mph, with no pedestrians or cyclists detected and no slippery road surface. The second covers a driver who appears inattentive, such as reaching into the back seat, or who seems to have switched off FSD by accident. Spencer’s curb clip appears to fall into that second category.
Tesla plans big safety improvements for Full Self-Driving v15
Once the system takes over, the accelerator is muted and light brake input will not cancel the maneuver. Drivers need to apply firm, deliberate steering force to take back control, and the car chimes to hand control back once the danger has passed.
Elluswamy recently noted that earlier hazard prediction, faster reaction time and better collision avoidance would arrive with FSD v15, the next major version.
Tesla is delaying its event for the Roadster, moving it from this Thursday, October 1, to Thursday, October 15, due to unfavorable weather.
The company has said it has been tracking the weather for this Thursday closely with local meteorologists, and because the event can only be held outside, Tesla is making the call to delay it:
“We’ve been tracking the weather closely with local meteorologists, but given the severe conditions predicted & because this event can only be held outdoors, we’ve made the difficult decision to reschedule. New date is October 15. Additional details to follow.”
Roadster event update
We’ve been tracking the weather closely with local meteorologists, but given the severe conditions predicted & because this event can only be held outdoors, we’ve made the difficult decision to reschedule.
New date is October 15. Additional details to…
— Tesla (@Tesla) September 28, 2026
We are sure that this is bringing back PTSD for some Tesla fans, and we know it is not ideal, but this also reveals some things about the event. Tesla said that this can only be held outdoors, meaning it bodes well for the rumors that the vehicle could potentially hover.
Some believe that this was essentially confirmed by the FAA airspace restriction they were granted, but this could have been for a drone show or to keep drones from spying on the event.
Tesla Roadster is available for order once again following brief hold
The Roadster event has been long-awaited, and it is unfortunate that the weather is going to keep us all waiting a little bit longer.
The Tesla Roadster will be unveiled in Waco, Texas.
Elon Musk
SpaceX turned a heralding moment for Starship into its greatest
Starship reached orbit despite losing an engine, deployed 26 Starlink V3 satellites on Flight 14.
SpaceX’s Starship reached orbit for the first time on Monday, and for a few nail-biting minutes it looked like it wouldn’t. During ascent on Flight 14, one of Ship 41’s six Raptor engines shut down early, and SpaceX’s livestream host Dan Huot told viewers the team had decided not to commit to orbit. Minutes later, after what Huot described as a lot of conversation in the control room, the final poll came back in favor, and a roughly 19 second burn of a single Raptor pushed the ship into orbit about 170 miles up.
The reversal matters because SpaceX had written the exit ramp into the mission plan. The company said it would only fire the orbital insertion burn if flight controllers confirmed enough backup hardware remained for the deorbit burn, a condition Teslarati laid out ahead of the flight. Losing an engine was exactly the scenario that rule was built for.
Pressing forward fits Elon Musk’s history. Falcon 1 failed three straight times before its fourth launch reached orbit in 2008, with SpaceX nearly out of money, and Starship was developed by flying prototypes until they broke. What changed this year SpaceX going public, and with $SPCX sliding below its IPO price in July when Flight 13 slipped, the short interest climbed significantly, as Teslarati reported at the time. A Starship potentially lost today with revenue generating next-gen Starlink satellites aboard would have landed directly on shareholders.
Splashdown confirmed. Congratulations to the entire SpaceX team on the first orbital flight of Starship! pic.twitter.com/urjmiwnvNl
— SpaceX (@SpaceX) September 28, 2026
That pressure showed up after orbit. SpaceX cut a flight planned to last nearly 10 hours to about three, moving splashdown from west of Chile to the North Pacific near Hawaii. SpaceX gave no reason, though Musk said this month the company was being extremely cautious about debris risk. The single Raptor for deorbit worked, and Ship 41 completed its flip and landing burn before breaking apart in the water, an outcome SpaceX expected. Musk has structured SpaceX’s governance to shield long term bets from market pressure.
The payload is the bigger business story. Musk posted that all 26 Starlink V3 satellites deployed and are “operating nominally.” Each V3 is rated for about 1 Tbps of downlink and 160 Gbps of uplink, so this single launch adds roughly 26 Tbps, about 10 times what a Falcon 9 load of V2 Mini satellites adds. The V3 is too large for Falcon 9, making Starship the only vehicle that can build out the planned 100,000 satellite constellation, at up to 60 per flight once it reaches routine service. Unlike the 20 V3 units on Flight 13, which reentered on a suborbital path, these will raise their orbits and could begin serving customers within weeks and bring in hundreds of millions of additional dollars in projected Starlink revenue.
SpaceX has already begun winding down Falcon 9 Starlink launches from Florida in favor of Starship. Reported targets put Flight 15 as early as October 19, leaving about three weeks to diagnose Monday’s engine shutdown before the next orbital attempt.
Starship’s 14th flight is set to launch on Monday, Sept 28. The 75-minute launch window opens at 7:15 a.m. CT. Live coverage of the mission starts ~35 minutes before launch → https://t.co/uQKQvgaTmJ
— SpaceX (@SpaceX) September 27, 2026
Watch Tesla’s “guardian angel” FSD feature take over for collision evasion
Tesla Roadster event gets delayed due to unfavorable weather
