The misuse of Autopilot, which can control steering, speed and braking, has occurred on numerous occasions and is the subject of investigations by two federal agencies. The filing of charges in the California crash could serve notice to drivers who use systems like Autopilot that they cannot rely on them to control vehicles.
The criminal charges aren’t the first involving an automated driving system, but they are the first to involve a widely used driver technology. Authorities in Arizona filed a charge of negligent homicide in 2020 against a driver Uber had hired to take part in the testing of a fully autonomous vehicle on public roads. The Uber vehicle, an SUV with the human backup driver on board, struck and killed a pedestrian.
Criminal charging documents do not mention Autopilot. But the National Highway Traffic Safety Administration, which sent investigators to the crash, confirmed last week that Autopilot was in use in the Tesla at the time of the crash.
NHTSA and the National Transportation Safety Board have been reviewing the widespread misuse of Autopilot by drivers, whose overconfidence and inattention have been blamed for multiple crashes, including fatal ones. In one crash report, the NTSB referred to its misuse as “automation complacency.”
Messages have been left seeking comment from Tesla, which has disbanded its media relations department. Since the Autopilot crashes began, Tesla has updated the software to try to make it harder for drivers to abuse it. It’s also tried to improve Autopilot’s ability to detect emergency vehicles.
The company has said that Autopilot and a more sophisticated “Full Self-Driving” system cannot drive themselves and that drivers must pay attention and be ready to react at anytime. “Full Self-Driving” is being tested by hundreds of Tesla owners on public roads in the U.S.
Bryant Walker Smith, a law professor at the University of South Carolina who studies automated vehicles, said this is the first U.S. case to his knowledge in which serious criminal charges were filed in a fatal crash involving a partially automated driver-assist system. Tesla, he said, could be “criminally, civilly or morally culpable” if it is found to have put a dangerous technology on the road.
Donald Slavik, a Colorado lawyer who has served as a consultant in automotive technology lawsuits, including many against Tesla, said he, too, is unaware of any previous felony charges being filed against a U.S. driver who was using partially automated driver technology involved in a fatal crash.
The families of Lopez and Nieves-Lopez have sued Tesla and Riad in separate lawsuits. They have alleged negligence by Riad and have accused Tesla of selling defective vehicles that can accelerate suddenly and that lack an effective automatic emergency braking system. A joint trial is scheduled for mid-2023.
Lopez’s family, in court documents, alleges that the car “suddenly and unintentionally accelerated to an excessive, unsafe and uncontrollable speed.” Nieves-Lopez’s family further asserts that Riad was an unsafe driver, with multiple moving infractions on his record, and couldn’t handle the high-performance Tesla.
Separately, NHTSA is investigating a dozen crashes in which a Tesla on Autopilot ran into several parked emergency vehicles. In the crashes under investigation, at least 17 people were injured and one person was killed.
NHTSA added that all state laws hold human drivers responsible for operation of their vehicles. Though automated systems can help drivers avoid crashes, the agency said, the technology must be used responsibly.
This content was originally published here.
