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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”]
Elon Musk
Elon Musk just set a condition that could end Falcon 9 as we know it
Elon Musk says SpaceX will finally retire Falcon 9 once Starship flies reliably every week.
Elon Musk gave the clearest timeline yet for retiring Falcon 9, SpaceX’s workhorse rocket.
The comment came in a reply on X, where Musk wrote that “once Starship is flying reliably several times per week, it makes sense to shift super scarce SpaceX engineering and production resources to Starship to get launch rate to several times per day, which means winding down Falcon.” He was responding to physicist Casey Handmer, who noted that NASA is reportedly uneasy about SpaceX phasing out Falcon after building what Handmer called the most successful launcher ever, with the fleet nearing 1,000 total launches.
Now @SciGuySpace reports NASA is in a tizzy because after running the most successful launcher ever for more than a decade and nearing 1000 launches, @SpaceX is planning to retire Falcon in favor of Starship in a few years.
Sorry, NASA, you’ve had 15 years to burn down the… https://t.co/uCNoMwK0v9
— Casey Handmer (@CJHandmer) August 22, 2026
Falcon 9 is still SpaceX’s busiest vehicle by far. The company is on pace for roughly 140 to 145 Falcon flights this year, following 165 in 2025, president Gwynne Shotwell told Time earlier in 2026. She has already said Falcon flights would “tail off” as Starship comes online, while reports indicate that SpaceX has stopped booking new Falcon 9 launches past 2028 and halted production of some expendable Falcon hardware, according to Bloomberg.
It’s worth noting that Musk’s post is a condition, and not a countdown on when Falcon will retire. Starship has not yet flown weekly, let alone daily. Its most recent flight in July ended with a soft splashdown in the Indian Ocean, a milestone Musk pointed to earlier this month when he said the vehicle’s heat shield problem was effectively solved. SpaceX towed that ship to Christmas Island for inspection, and the next flight, Flight 14, is aimed at putting Starship into orbit for the first time. A tower catch attempt for the upper stage has been pushed back to what Musk has called “a few months” away.
SpaceX and a new Trump order that could rewrite the next decade of launches
The gap between Falcon’s role today and Starship’s promised role tomorrow matters most to NASA. Falcon and its Dragon capsule remain the only way the agency rotates astronauts to and from the International Space Station, and Starship is not certified to carry NASA crews. Musk’s post did not address how that handoff would work if Falcon winds down before a crew-rated Starship variant exists. The timing lines up with Musk’s other recent Starship comments. Two days before the Falcon post, he told a different X user that SpaceX is aiming for more than 30 Starship launches a day by 2030, or roughly 10,000 a year, a figure tied to the Trump administration’s new push for higher national launch cadence. Falcon, which took over a decade to reach its first 100 launches, was never built to approach that kind of volume.
For now, Falcon 9 keeps flying at a near-record pace while Starship works to prove it can do the job Musk has already picked out for it.
Tesla Cybercab is set to launch in Austin, Texas, on September 3, as the company has officially started sending out invitations to a dedicated event it will hold in the city where its headquarters is located.
The Cybercab is Tesla’s dedicated ride-sharing vehicle: it features just two seats and has no steering wheel or pedals. It is aimed at fully autonomous passenger transport, and will operate in the Robotaxi fleet alongside the Tesla Model Y, which has been performing driverless rides for real-world passengers for more than a year.
Thank you so much @Tesla for inviting us to the Cybercab launch in Austin! 🤠 pic.twitter.com/F1rAR8zd5O
— TESLARATI (@Teslarati) August 22, 2026
The launch of the Cybercab marks the next chapter in Tesla’s autonomy story. The company has been developing autonomous transport for years with its Full Self-Driving (Supervised) platform, which is available in any vehicle the company has built with the proper hardware and software capabilities.
Its capabilities vary by hardware and software version, but Tesla says its latest hardware version, known as AI4, can deliver full autonomy. However, future vehicles will operate with even more robust hardware packages, as Tesla will develop AI4.5 and AI5 for even more capability in its vehicles.
Following a report from The Information that surfaced earlier this week, the writing was on the wall that Tesla was set to launch Cybercab in the near term. The report stated Tesla could launch Cybercab as soon as the end of August. Tesla came close and has booked it for September 3.
The big thing with this event being scheduled is not necessarily that Tesla is launching a new vehicle, but instead that it is launching a vehicle that has no steering wheel or pedals and will operate exclusively on a self-driving program that is evidently nearing full autonomy. If the event allows vehicles to take passengers on public roads and drop them off wherever they please within the City of Austin, it will be a drastic advancement in the company’s self-driving story.
People have ridden in Cybercab previously: Tesla had the “We, Robot” event in October 2024, which allowed people to experience fully autonomous rides in a closed circuit at Warner Bros. Studios in Burbank.
🚨 Ride in a Tesla Cybercab with us
— TESLARATI (@Teslarati) May 11, 2025
Additionally, Tesla launched employee rides in Cybercab in July.
It’s a drastic step forward for Tesla, whose CEO, Elon Musk, has promised for years that the company would release a fully autonomous vehicle and platform capable of allowing drivers to relinquish any responsibility behind the wheel.
Elon Musk put a number on where he thinks SpaceX’s Starship program is headed by 2030, replying on X a day after President Trump signed a memo pushing the country toward 1,000 space launches and reentries a year.
The exchange started when Aaron Burnett, co-founder of propulsion startup Mach 33, posted that “1,000 launches/reentries is the goal,” quoting White House science adviser Michael Kratsios on the newly signed National Space Transportation Policy. Burnett noted that the FAA’s own bull-case forecast reached only 385 annual launches by 2030, while his firm’s conservative model already put SpaceX alone near 940. Musk responded, “We’re aiming to reach 30+ Starship launches/day in 2030, which is ~10k annualized. Still tiny numbers compared to airplane flights!”
We’re aiming to reach 30+ Starship launches/day in 2030, which is ~10k annualized.
Still tiny numbers compared to airplane flights!
— Elon Musk (@elonmusk) August 21, 2026
That figure is specific to Starship, the rocket SpaceX is still developing for orbital and lunar missions, not the Falcon 9 fleet that carries most of the company’s current launch volume. Starship has flown twice this year, a slower pace than the four and five flights SpaceX managed in 2024 and 2025. Getting from two flights a year to 30 a day is the scale of jump the new federal policy is meant to clear regulatory room for.
Trump’s memo, signed Thursday, directs agencies to identify new launch and reentry sites on federal land, including a new reentry site within 90 days, and to speed up the permitting and environmental reviews that have long slowed cadence growth. It also sets a goal of returning American astronauts to the moon by 2028 and placing initial lunar base elements by 2030, tying the launch buildout directly to NASA’s Artemis program.
SpaceX has already been pushing the FAA toward higher numbers on its own. The agency approved up to 44 annual Starship launches from Kennedy Space Center in February, on top of a 2024 review that raised the cap at Starbase in Texas to 25 a year. Those approvals cover a fraction of the 10,000 annual flights Musk is now describing, which shows how far current permitting still sits from the administration’s stated target.
The near-term test of all this is more modest. SpaceX cleared a full-duration, six-engine static fire on its next Starship vehicle this week, the last major hardware checkpoint before Flight 14, which is targeting no earlier than August 28 and is expected to attempt the vehicle’s first full orbital mission. Musk said last week that a tower catch of the upper stage is still probably months away, a reminder that the immediate roadmap remains far more incremental than the daily launch numbers he just posted.
Elon Musk just set a condition that could end Falcon 9 as we know it
Tesla will launch Cybercab on September 3
