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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”]
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Why SpaceX is finishing another space-internet system that isn’t Starlink
SpaceX launched three final O3b mPower satellites Sunday, finishing a lesser known SES satellite network.
SpaceX had an 87 minute window opening at 2:49 p.m. Eastern on Sunday to fly a Falcon 9 out of Cape Canaveral carrying the final three satellites for SES’s O3b mPower constellation, a project that has taken more than a decade to finish since Boeing and SES first signed SpaceX on for the work.
Unlike the thousands of Starlink satellites SpaceX has stacked into orbit over the years, O3b mPower flies in a different neighborhood entirely. The three new satellites, tagged F11, F12 and F13, are headed for medium Earth orbit at roughly 5,000 miles up, more than ten times higher than Starlink’s shell around 340 miles but still a small fraction of the 22,000 miles where old school geostationary satellites sit. That middle position is the whole point, because a satellite that far out needs far fewer siblings to blanket the globe than a low orbit constellation does. Essentially, SES only needed 13 satellites total to build a network offering quick, steady service that used to require thousands of spacecraft.
With most people having heard plenty about Starlink and almost nothing about O3b mPower, SES and SpaceX already blend the two networks for some customers. Both SpaceX and SES sell satellite broadband, but they’re aimed at different buyers. Starlink is built for volume, direct to consumers, RVs, homes, small businesses, plus a growing aviation and maritime business. O3b mPower skips consumers entirely and sells enterprise grade connectivity to airlines, cruise lines, offshore energy operators, telecoms needing backhaul, and governments, priced and provisioned more like a dedicated circuit.
A 2023 partnership lets cruise ships combine Starlink’s speed with O3b mPower’s steady capacity depending on what a ship needs at a given moment. Sunday’s completed 13 satellite constellation effectively finishes the medium orbit half of that pairing, years after.
Sunday’s mission was already a something on SpaceX’s manifest well before O3b mPower entered the picture. This flight marked its 29th trip to orbit, a history that includes two crewed Axiom missions, the European Space Agency’s Euclid telescope and 22 separate Starlink batches. SpaceX has landed boosters on the droneship A Shortfall of Gravitas so often that Sunday’s touchdown attempt, if it went as planned, was set to be the 661st successful Falcon booster landing to date.
For a company that pushed the Starlink constellation past 11,000 satellites back in August, almost entirely through bulk launches from California, Sunday’s flight was a reminder that SpaceX’s schedule still has room for someone else’s satellites too. SES gets a finished network built for a narrower set of customers, and Falcon 9 gets one more line on an already long resume.
Elon Musk
Tesla gives the Roadster an official “Go for launch” demonstration date
Tesla teased an October 1 Roadster reveal, reviving years of delayed SpaceX thruster hover promises.
Tesla teased an October 1 event date for its next generation Roadster, posting an image on X Saturday that shows the car lit up like it is sitting on a launch pad, with the date “10.01” stamped across the bottom and the caption “Go for launch.” A countdown clock on Tesla’s Roadster order page now points to the same date, which falls on a Thursday. The company has not said where the event will happen or whether it will be streamed at the moment. Stay with us @Teslarati for live updates.
Go for launch pic.twitter.com/Khu03eiZ04
— Tesla (@Tesla) September 12, 2026
Tesla has since sent formal invitations to reservation holders confirming the event will take place in Waco, Texas, about 90 minutes north of its Austin headquarters, based on a digital ticket shared on X by Sawyer Merritt. Tesla did not name the exact venue, though Waco sits close to SpaceX’s McGregor, Texas, rocket test site, previously reported as the planned location for a Roadster thruster demonstration. The invite sets the reveal for 8:30 p.m. Eastern on October 1, requires RSVPs by midnight on September 16, and limits entry to guests 21 and older. Invitations are non-transferable.
The tease follows nine years of a project defined by unimaginable specs along with slipped dates. Musk first showed the second generation Roadster in November 2017 as a surprise reveal at the end of the Tesla Semi event, promising a 0 to 60 mph time under two seconds, a top speed above 250 mph, 620 miles of range from a 200 kWh battery, and production starting in 2020. At last November’s shareholder meeting, Musk set an April 1 demo date and joked the choice gave him “deniability” if it slipped again, which it did, moving first to late April, then to “a month or so,” then to August.
Tesla Roadster SpaceX Package’s 1.1-second 0-60 mph launch visualized in concept video
Whatever Tesla shows on October 1 is expected to center on the SpaceX developed thruster package Musk has described since 2018. Internally code named A71, a nod to the Lockheed SR-71 Blackbird, the system reportedly uses cold gas thrusters fed by a composite overwrapped pressure vessel, the same tank design SpaceX uses on Falcon 9. Musk has said a thruster equipped Roadster could hit 60 mph in about 1.1 seconds under roughly 2.75 g of launch force, well past the 1.9 second figure quoted for the standard car. That version reportedly will not be street legal and has reportedly been discussed as a limited run sold through a track only program.
The standard Roadster is still expected to carry the original $200,000 base price and $250,000 Founders Series tier, both set when Tesla opened $50,000 and $250,000 reservations in 2017. Tesla VP of Vehicle Engineering Lars Moravy has confirmed production will happen at Gigafactory Texas, with Musk targeting 2027 or 2028, 12 to 18 months after whatever the company demonstrates next month.
Tesla is planning to roll out some pretty significant safety and accident avoidance features with Full Self-Driving version 15, which will be the next major FSD deployment from the company.
Tesla AI lead Ashok Elluswamy used a near-miss this week to preview what the company says is the next leap in Full Self-Driving.
In response to a driver whose car had swerved away from another vehicle pulling out of a parking lot, Elluswamy wrote that he was glad the owner was safe and that “even earlier prediction of hazards, even faster reaction time and overall significantly better safety and collision avoidance” would arrive with FSD v15.
Glad you are safe. Even earlier prediction of hazards, even faster reaction time and overall significantly better safety and collision avoidance coming as part of the next big upgrade (v15).
— Ashok Elluswamy (@aelluswamy) September 11, 2026
The comment landed as Tesla continues to treat software as the primary safety upgrade path. v15 is described internally as a larger architectural step, with a much bigger neural network and tighter coupling between prediction and control.
The company has already begun using early v15 software in some robotaxi operations while rolling out safety features such as Automatic Collision Evasion into current customer cars, allowing the driving stack to intervene even when the driver is in manual control.
Tesla is rolling out a new FSD version with a massive safety addition
Tesla’s published telemetry is the backbone of its safety argument. In recent North American Vehicle Safety Report data, vehicles with FSD (Supervised) engaged traveled roughly 5.1 million to 5.7 million miles between major collisions, defined as airbag-deployment events.
Tesla’s estimate of the U.S. average over the same period is about 699,000 miles per comparable crash. That is the comparison Tesla often frames as roughly seven times fewer major collisions.
A tighter comparison uses the same Tesla fleet. Cars driven manually with active safety features such as automatic emergency braking still recorded a major collision about every 2.1 million miles. Against that baseline, FSD’s advantage shrinks to roughly 2.4 to 2.7 times fewer severe crashes, which independent researchers argue is the more apples-to-apples figure.
European data released in 2026 pointed in the same direction: Tesla reported FSD as 3.5 times safer than manual driving in the Netherlands and 4.1 times fewer collisions than manually driven Teslas with active safety across more than 100 million kilometers in five approved countries.
Those numbers do not settle every debate. NHTSA’s Standing General Order still shows Tesla accounting for the large majority of U.S. Level 2 driver-assist crash reports, in part because the fleet logs far more assisted miles than rivals. Critics also note that Tesla’s “U.S. average” mixes crash definitions and driving mix.
Even so, Tesla’s own same-car comparisons, plus lower rates of automatic emergency braking and harsh maneuvers when FSD is engaged, are the evidence Elluswamy is pointing to when he says v15 will push prediction and collision avoidance further. The claim is not that software already eliminates risk. It is that each major version is meant to widen the gap between the system and an unaided human driver.
Why SpaceX is finishing another space-internet system that isn’t Starlink
Tesla gives the Roadster an official “Go for launch” demonstration date
