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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 recently received its largest order for the all-electric Semi from Einride, a Swedish transport service, for 500 units, a groundbreaking invoice to receive before the first deliveries begin.
Even more remarkable, Einride CEO Roozbeh Charli said in a recent interview that he expects his company to take delivery of all 500 — the entire order — before the end of 2027. He even expects to have 75 Tesla Semi units in the Einride fleet before the end of this year.
🚨 Einride CEO Roozbeh Charli on the Tesla Semi partnership:
“If we start with the Amazon announcement that we did earlier this year, that was on the back of having gone through a proving period together with them and proving out our technology. Then we took that next step in… pic.twitter.com/oazkXjwoig
— TESLARATI (@Teslarati) August 28, 2026
Charli said the Tesla partnership was part of a broader push, along with its earlier partnership with Amazon. Einride is assisting Amazon with the use of its Saga AI platform, which helps eliminate questions about budgeting and forecasting for logistics companies.
The Semi, as well as Tesla’s production and subsequent delivery of the units to Einride, will help the company “to have a good supply of vehicles that we can deploy on the [Saga AI] platform,” Charli said. “Tesla is also a relationship we’ve had for a while, and as the Tesla Semi deliveries are firming up, we decided to do a larger commitment to that and deploy that on our platform.”
In its initial announcement, Einride said it anticipated taking delivery of the trucks over the next two years, but now it appears the company is expecting all 500 units within the next 16 months.
Built at a dedicated factory in Sparks, Nevada, the Tesla Semi has been perhaps the biggest and most intensive testing process the company has ever had for a single vehicle model. For the past several years, Tesla has been working with many companies, most notably Frito-Lay and PepsiCo, to gain knowledge on the performance on regional routes.
Tesla plans to launch the Semi officially on September 24, five months after production started ramping.
Additionally, drivers have said they are happy about the Semi’s performance and that its numerous safety and productivity features have made their jobs and routes much easier.
Tesla Cybercab is using a unique strategy for picking up the correct rider, which is a crucial part of ride-hailing to ensure people end up in the right place and are charged the correct price.
Cybercab will utilize an RGB strip in its front light bar that will illuminate in a variety of different colors to mark itself.
This identifying mark will also appear in the Robotaxi app, giving riders in the same location a notable distinction in an effort to avoid any confusion regarding who should get in each vehicle.
🚨 Tesla is using different light bar colors to help riders understand which vehicle is theirs
Pretty cool strategy pic.twitter.com/eGMpEMeRpc
— TESLARATI (@Teslarati) August 27, 2026
Other ride-hailing services use similar strategies: Lyft and Uber rides are recognizable through driver identity, vehicle type and color, as well as license plate. Waymo will display the rider’s initials on top of the vehicle, letting them know that the specific vehicle for them has arrived.
Tesla’s strategy is unique and interesting, but there are some flaws. Cybercab’s main purpose is aimed toward being an autonomous ride for all, including those who have disabilities like being blind or even color blind.
Tesla will likely have something in the pipeline for those who cannot see colors or have limited vision. There will definitely be multiple ways to identify which vehicle is the one that “you” specifically ordered.
Cybercab is set to start giving public rides next Thursday, September 3, in Austin, as it announced a dedicated event last week and invited many members of the Tesla community.
Additionally, members of the public will be invited as well. Tesla has been offering employee rides in Cybercab for nearly two months.
Tesla has said goodbye to one customization option for its vehicles: the wrap service it launched several years ago.
After launching an in-house wrap service in August 2020 for the first time in China. In the U.S., it launched in October 2023. Tesla continued to expand the program and adjust it with better pricing and fewer options for the Cybertruck.
By December 2023, it was giving owners of the Model 3, Model Y, and the Cybertruck the opportunity to give their vehicle a fresh look with a vinyl wrap.
Tesla revamps in-house vinyl wrap service with better pricing
It was only available in five locations: Costa Mesa, Oceanside, Santa Clara, West Covina, all in California, and Seattle, Washington.
However, Tesla made some big adjustments to its shop, and the wrap service is officially gone:
Tesla has made a LOT of changes to its online shop recently — price increases, price cuts, new options, and several products being removed entirely.
Some of the biggest increases are wheel covers. 👀
📈 PRICE INCREASES
• 2017-2023 | Model 3 Aero Wheel Cover — Style: Refresh…— Phoenix Self-Driving 🐦🔥 (@PhoenixFSD) August 25, 2026
Wraps are very popular across the Tesla lineup, especially since the company offers relatively few colors. Many choose to wrap their Teslas with interesting colors, patterns, or even finishes, turning their cars from glossy to satin or matte.
However, Tesla’s wrap service was so limited geographically that it never really had a chance to get off the ground or compete with local shops. Every area in the United States is now overflowing with detailing shops, mobile detailers, and other automotive specialists, many of whom perform wrap services.
Tesla’s service was confined to the Pacific time zone and only spanned across two states. It was never going to be something Tesla was a major competitor in, nor was it going to disrupt the wrapping industry. Now that the program has ended, it seems pretty ideal to believe it was always going to be a short-term thing.
Along with the wrap service, Tesla removed several other products, but nothing too crazy. The Model 3 Door Pocket and Cupholder Liners, the Model S 19″ Magnetite Wheel and Winter Tire Package, Model X/Y Ski/Snowboard Carrier for Hitch Rack, Tesla’s Electric Summer Party Tee, and the Electric Summer Tee were the other items the company totally eliminated from its online shop.
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