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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,

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“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:

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  • 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”]
 

"I write about technology and the coming zero emissions revolution."

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Tesla launches solution to end Supercharger fights once and for all

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Credit: Tesla

Tesla is launching its solution to end Supercharger fights once and for all, eliminating any confusion on who is to charge next at a congested location.

Last year, a notable incident at a Tesla Supercharger led to a fight, and it all stemmed from a disagreement over who arrived at the location first.

Congestion at Tesla Superchargers is a pretty infrequent occurrence for most of us, but there are more congested and popular areas where wait times can be extensive. An unfortunate growing pain of EV ownership is the plain fact that chargers are not as available as gas pumps, and there are, at times, lines to charge.

This can cause tensions to flare and people to get entitled when visiting Superchargers. Nobody wants to spend hours at a Supercharger, but now, there will be no more confusion when there is a queue, and that’s thanks to Tesla’s new Virtual Queue for Superchargers.

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Tesla is finally starting to build out the Virtual Supercharger Queue, according to Not a Tesla App, but it still relies on drivers to make it work.

When a driver is near a Supercharger that is full, a message will pop up on the Tesla App, using the driver’s location to determine their eligibility to join the virtual queue.

The app states:

“While the app is closed, Tesla uses your location to notify you of accurate wait times at Superchargers when you arrive.”

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Another message within the app states:

“There is a waitlist to charge. Are you sure you want to start a charging session now?”

This sounds as if it will require drivers to act appropriately and only plug in when the app prompts them to do so, by letting them know it is their turn.

The app will notify the driver of their position in the queue, as well as how many vehicles are ahead of them.

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Tesla launches first ‘true’ East Coast V4 Supercharger: here’s what that means

The company announced a while back that it would be working on a solution for this issue. Personally, I’ve only had to wait at a Supercharger for a charge on one occasion, and there was a line of between 3 and 10 cars during this singular occurrence.

There were no conflicts or arguments about who had arrived first, but there was some discussion between several drivers during my time there about who was to charge first. Throw a non-Tesla EV into the mix, one that can only charge at a pull-in spot, and that causes even more of a complication.

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Tesla offers awesome Free Supercharging incentive on an unexpected vehicle

In the past, Tesla has used Free Supercharging to incentivize the purchase of its expensive vehicles, like the Model S and Model X. However, those vehicles are leaving the company lineup, and Tesla saw a benefit from applying the incentive to another car.

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Credit: Tesla Charging | X

Tesla is offering an awesome new Free Supercharging incentive on a vehicle that is sort of unexpected.

In the past, Tesla has used Free Supercharging to incentivize the purchase of its expensive vehicles, like the Model S and Model X. However, those vehicles are leaving the company lineup, and Tesla saw a benefit from applying the incentive to another car.

Tesla North America has introduced a compelling new incentive aimed at boosting Model 3 sales. Starting with orders placed on or after April 24, buyers of the Model 3 Premium (Long Range) and Performance variants in the United States will receive one full year of complimentary Supercharging.

The offer applies exclusively to new vehicle orders and does not extend to existing owners or other trims like the base Rear-Wheel Drive model.

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The announcement underscores Tesla’s continued dominance in EV charging infrastructure.

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While the incentive provides 12 months of zero-cost access to the Supercharger network, Tesla also reiterated its pricing structure: all Tesla vehicles receive the lowest Supercharging rates.

Non-Tesla EVs, by contrast, pay approximately 40 percent more per kWh or must purchase a subscription to access the network at standard rates. This tiered approach highlights the strategic value of owning a Tesla, where seamless integration with the world’s largest and most reliable fast-charging network remains a key differentiator.

For prospective buyers, the savings can be substantial. Depending on driving habits, a typical Model 3 owner might log 12,000–15,000 miles annually.

With average Supercharging costs around $0.40–$0.50 per kWh, one year of free sessions could translate to $800–$1,200 in avoided expenses.

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That effectively lowers the total cost of ownership and makes long-distance travel more affordable from day one. Early delivery customers have already noted similar past incentives, with one Cybertruck owner reporting over $2,400 saved in just six months under similar offers that Tesla has deployed in the past.

The timing of the offer appears strategic. Tesla faces growing competition from other automakers expanding their own charging networks and offering aggressive EV incentives.

By bundling free Supercharging rather than discounting the vehicle’s MSRP, Tesla preserves perceived value while directly addressing one of the biggest barriers for new EV adopters: charging costs and convenience.

The move also encourages higher-mileage use of the network, generating valuable real-world data for Tesla’s autonomous driving development.

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Why Tesla would apply this incentive to the Model 3 is pretty interesting. It usually is a pretty good incentive to move units out the door, so there’s some speculation whether Tesla is planning to launch new upgrades to the mass-market sedan in the coming months, and the company wants to move what will be outdated units from its inventory.

However, there is also just the idea that Tesla could be attempting to stimulate some early quarter demand for the Model 3, especially as the Model Y continues to sell very well. Tesla’s loss of the $7,500 EV tax credit last year had an impact on sales, and Tesla might be testing some formidable options to see if it can add some demand once again.

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Tesla Cybercab gets crazy change as mass production begins

Tesla has officially kicked off mass production of its groundbreaking Cybercab robotaxi at Giga Texas, and the first units rolling off the line feature a striking transformation that’s turning heads across the EV community.

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Credit: TechOperator | X

Tesla Cybercab has evidently received a pretty crazy change from an aesthetic standpoint, as the company has made the decision to offer an additional finish on the vehicle as mass production is starting.

Tesla has officially kicked off mass production of its groundbreaking Cybercab robotaxi at Giga Texas, and the first units rolling off the line feature a striking transformation that’s turning heads across the EV community.

VIN Zero—the very first production Cybercab—showcases a vibrant champagne gold exterior with a high-gloss finish, a dramatic departure from the flat, matte-wrapped prototypes that debuted at the 2024 “We, Robot” event.

This glossy sheen is a pretty big pivot from what was initially shown by Tesla. The company has maintained a pretty flat tone in terms of anything related to custom colors or finishes.

A specialized clear coat or process delivers the deep, reflective gloss without conventional painting. The result is a premium, mirror-like shine, and it looks pretty good, and gives the compact two-seater a more luxurious and futuristic presence than the subdued matte prototypes.

Photos shared by Tesla community members reveal VIN Zero in a showroom-like setting at Giga Texas, highlighting refined panel gaps, large aero wheel covers, and the signature no-steering-wheel, no-pedals interior optimized for full autonomy.

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The open frunk in some images offers a glimpse of practical storage, while the overall build quality appears more polished than that of test mules.

This glossy evolution aligns with Tesla’s broader production ramp. After the first unit in February 2026, the company has shifted to volume manufacturing, with dozens of units already spotted in outbound lots. CEO Elon Musk and the team aim for hundreds per week, paving the way for unsupervised FSD robotaxi networks that could slash ride costs to pennies per mile.

The Cybercab holds Tesla’s grand ambitions of operating a full-service ride-hailing service without any drivers in its grasp. Tesla has yet to solve autonomy, but is well on its way, and although its timelines are usually a bit off, improvements often come through the Over-the-Air updates to the Full Self-Driving suite.

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