The U.S. NHTSA clears Tesla of responsibility behind fatal crash; but does not protect the company from future lawsuits

Last year, former Navy SEAL and Tesla Model S enthusiast, Joshua Brown, died whilst driving a Tesla vehicle on auto-pilot mode.

Perhaps assuming that the “self-driving” vehicle would live up to its name, Brown did not swerve or apply his brakes during the 7 seconds leading up to his collision into the back of a truck. Due to the speed the vehicle was travelling at, Brown tragically died on impact.

Are the vehicles really self-driving?

The fatal crash has caused controversy as critics on both sides blasted either “human error” or allegedly misleading technology. Many believed Tesla used deceptive marketing strategies to make people believe these vehicles did in fact drive themselves. This largest concern was over Tesla’s naming of the technology as “self-driving” and “auto-pilot”, which many argue suggests to mean complete independent driving that did not require any action from the driver/owner.

However, the other half of critics retaliated, suggesting the “gullibility” of owners. In response to the accident, Tesla announced that the cars are only part autonomous and driving of the vehicles requires full attention from the driver who must be ready to take over at any time.

The NHTSA sides with Tesla

The U.S.’ National Highway Traffic Safety Administration (NHTSA) defended Tesla and stated in a report that there were no faults or defects on Tesla’s side.

The NHTSA blamed human error for the crash.

Their report suggested a variety of human characteristics for the fatal crash that killed Joshua Brown, including; over-reliance of technology; drivers becoming distracted; travelling too fast; and drivers becoming confused with driving modes.

In the investigation over Brown’s death, Tesla found that the auto-pilot failed to detect the tractor trailer in front of Brown. As with other Tesla crashes, the cameras and radar system may have been overwhelmed by a bright light. When there is a bright light, the visual detectors may switch off some of the auto-pilot features to avoid unnecessary swerving or harsh braking, and whilst Brown’s vehicle failed to detect the truck, the findings reveal that he had around 7 seconds to react before the fatal collision.

Tesla not immune from future lawsuits

While Tesla was officially cleared by the NHTSA over Brown’s death, the Administration’s ruling does not exempt the luxury car maker from future lawsuits. Tesla may now need to be very careful in how they market their cars, and should avoid allegedly or potentially misleading prospective drivers into thinking the vehicles are fully autonomous. With such new technology, new legislation including highway traffic codes around the world may need to be amended or updated to clarify regulations. The law is yet to define exactly when responsibility stops with the vehicle and starts with the driver, and vice versa. In the meantime, Tesla may be expecting various lawsuits for any injuries caused as a result of the ‘auto-pilot’ technology.

Consumers are not the only ones concerned with such new technology. Tesla’s stock shares fell by around 4 percent when Goldman Sachs raised concerns over the luxury car maker. Tesla’s CEO Elon Musk is not swayed by the concerns raised and will continue to bring out the next generation of ‘self-driving’ vehicles, slowly working to level 5 autonomy: where no driver is needed.