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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.

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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.

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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 made napping in a Robotaxi easier with its latest update

Tesla’s quiet mode reaches Model Y Robotaxis, blacking out the screen for riders wanting rest.

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Tesla’s quiet mode, the setting that blacks out the screen for riders who want to rest, has moved beyond the Cybercab. A video posted Thursday by Spencer (@scotsrule08) shows the feature running in a Model Y Robotaxi on a night ride that appears to be in Dallas.

The rider taps a small crescent moon icon in the bottom right corner of the map screen. The map, media player, app shortcuts and Grok prompt disappear, leaving a dark display with “Arriving soon,” the destination and a line reading “Tap display to exit quiet mode.” Controls a passenger may still need, including Pull Over, cabin temperature, volume and Support, stay visible. One tap anywhere brings the full map back.

Quiet mode first showed up in the Cybercab last week, which Teslarati reported alongside a new rear camera view. Tesla has been trimming cabin noise in other ways too. On October 25, Spencer reported that Robotaxi turn signals now chime for the first four blinks and then go silent. Tesla has not published release notes for either change.

Elon Musk has been pitching this use for more than a decade. In October 2014, he said that “maybe five or six years from now I think we’ll be able to achieve true autonomous driving where you could literally get in the car, go to sleep and wake up at your destination,”

By 2017 he was setting a higher bar. Speaking at TED, Musk said the hard part was not making self-driving work 99.9 percent of the time, “because, like, if a car crashes one in a thousand times, then you’re probably still not going to be comfortable falling asleep. You shouldn’t be, certainly.”

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Owners asked for something similar in their own cars. In December 2019, a Tesla owner requested a Nap Mode that would keep the climate running and wake the occupant with an alarm, and Musk answered “Ok,” as Teslarati covered at the time.

The line returned when the Cybercab was unveiled at the We, Robot event in October 2024. “We’ll move from supervised Full Self-Driving to unsupervised Full Self-Driving, where you can fall asleep and wake up at your destination,” Musk said. On Tesla’s first quarter earnings call in April 2025, he called it the deciding measure: “The acid test is, can you go to sleep in your car and wake up in your destination and I’m confident that will be available in many cities in the US by the end of this year,”

Tesla has run driverless Model Y rides in Dallas and Houston since April, so a passenger dozing off on the way home is now a realistic use of the button. Tesla is also offering new riders a free first trip in both cities, according to an in-app screen shared by tracker Ethan McKanna, and said on its third quarter call that Cybercab rides would launch in Dallas next month.

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FCC green lights SpaceX’s move to a showdown with Verizon and AT&T

The FCC advanced plans opening 482 MHz to satellite phone service, boosting SpaceX’s Starlink Mobile.

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A hand holds a smartphone displaying the Starlink Mobile app interface showing a strong “Connected – Direct to Cell” signal, with a Starlink satellite beaming connectivity signals down to Earth from orbit. The background features the planet’s night side glowing with city lights against the curve of the atmosphere, set above a scenic twilight landscape.

The Federal Communications Commission voted Thursday to move forward with a proposal that would open an additional 482 MHz of spectrum to satellite service beamed directly to ordinary phones, a step that could widen the road for SpaceX’s Starlink Mobile to compete with the country’s largest wireless carriers.

The commission adopted the notice of proposed rulemaking at its October open meeting in Washington, Reuters reported. The proposal would raise the number of bands eligible for Supplemental Coverage from Space from five to 13, according to the FCC fact sheet. Commissioners also advanced a companion item proposing an auction of 25 MHz in the 1675 to 1695 MHz and 2020 to 2025 MHz bands, which could be used for terrestrial service, direct to device service or both.

Thursday’s vote does not hand any spectrum to SpaceX. It opens a public comment period, and final rules will come later. Under the draft, comments would be due 60 days after the notice is published in the Federal Register. The FCC had not released the adopted text at the time of writing, so it is not yet clear whether any bands were changed before the vote.

That question is where the fight now moves. AT&T, Verizon and T-Mobile, through industry group CTIA, asked the FCC to drop the 2.5 GHz and 3.45 GHz bands, which make up 290 MHz of the 482 MHz on the table, as Teslarati reported ahead of the vote. T-Mobile argued satellite interference could wipe out up to 96% of a cell site’s uplink coverage area. SpaceX asked the commission to go the other way and add the 902 to 928 MHz band.

The rule change that matters most to SpaceX may be a structural one. Today, a satellite operator must lease spectrum from every carrier holding co-channel licenses across an entire region such as the contiguous United States. The proposal would replace that with a certification that the operator has coexistence agreements covering only the areas it plans to serve, or that it holds the terrestrial licenses itself.

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SpaceX has spent this year building that second path. It bought EchoStar’s AWS-4 and H-block licenses in a deal worth roughly $17 billion, and earlier this month agreed to acquire Grain Management’s nationwide 800 MHz portfolio, which the company said would pave the way for Starlink to become a major US mobile carrier. The FCC approved SpaceX’s purchase of three unused AWS-3 licenses from Tristar on October 21, and cleared its plan for 15,000 next generation direct to cell satellites on October 6.

The regulator has not always sided with SpaceX. In April, the FCC dismissed a SpaceX petition seeking access to Mobile Satellite Service spectrum held by incumbents, and it rejected 2.5 GHz for satellite coverage when it first adopted the framework in 2024.

The carriers are also building their own defenses. In May, the three companies agreed in principle to form a joint venture pooling spectrum for satellite service, and T-Mobile remains SpaceX’s US launch partner for Starlink Mobile even as it leads the push to keep satellites out of 2.5 GHz. SpaceX President Gwynne Shotwell has said service on SpaceX’s own airwaves is targeted for early 2028.

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Tesla’s Roadster appearance at SpaceX has merger watchers talking

Tesla’s next generation Roadster was spotted at SpaceX’s Hawthorne headquarters, two weeks after its unveiling.

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The Roadster’s rear wing, one of the aerodynamic elements Tesla pairs with a fan-based downforce system. (Image: Tesla)

Tesla’s next generation Roadster turned up at SpaceX’s headquarters in Hawthorne, California on Wednesday, less than two weeks after the car flew off a ramp at its unveiling in Texas.

Photos shared on X by SpaceX Engineer (@DeannaRiceSPCX) show the new Roadster parked outdoors beside the famed Falcon 9 that stands outside company headquarters at the corner of Crenshaw Boulevard and Jack Northrop Avenue. Rocket B1019 was the first orbital-class booster ever to land after a launch on December 21, 2015 after it sent 11 Orbcomm satellites to orbit and then flew back to Landing Zone 1 at Cape Canaveral, which would be the first landing in what became SpaceX’s reusable rocket program. SpaceX chose not to fly it again. After a test fire in Florida, the booster was shipped to Hawthorne and raised upright as a permanent monument in August 2016, as Teslarati reported at the time. Putting the Roadster, which flies on SpaceX cold gas thrusters, next to the rocket that started SpaceX’s landings is symbolic in itself.

The Thrust and Rocket versions of the Roadster use cold gas thrusters fed by composite overwrapped pressure vessels, the same type of tank SpaceX flies on Falcon 9, and Elon Musk described the car as the work of Tesla and SpaceX engineers working together. Tesla lists 0 to 60 mph in under 0.9 seconds for Thrust and under 0.59 seconds for Rocket, while the base Performance model relies on a fan and ground sealing system for grip, as Teslarati detailed in its breakdown of the three Roadster configurations.

Tesla has kept the car in the spotlight since the October 15 event near Waco. Last week, the company posted a video of the Roadster’s fighter jet inspired cockpit, including a Track Mode screen with a “Thruster · 5,500 PSI” readout, which we covered in our look at the Roadster’s center display. Musk also said owners will be able to ask the car to perform the stunts autonomously, and promised a looping track at Tesla’s Texas headquarters.

The visit comes as special committees at Tesla and SpaceX weigh a possible merger, a step Musk confirmed on SpaceX’s third quarter earnings call. The Roadster, built on SpaceX hardware, has become one of the clearest examples of the two companies already building products together.

Musk said at the unveiling that Roadster production will begin in 2028. Reservations are open with a $50,000 payment, Thrust is listed as a limited release and Rocket is invite only. Tesla says the car is not approved for public road use.

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