If you own a Tesla, beware: some drivers have reported a “phantom braking” issue when the car is on autopilot. The car manufacturer has been in the news for programming vehicles to run stop signs, and has been subject to several recalls already.
The National Highway Traffic Safety Administration has opened an investigation into the phantom braking issue. To date, they have received 354 complaints. So far, only 2021-22 Model 3 and Model Y electric vehicles are affected.
The NHTSA states, “The complaints allege that while utilizing the ADAS features including adaptive cruise control, the vehicle unexpectedly applies its brakes while driving at highway speeds. Complainants report that the rapid deceleration can occur without warning, at random, and often repeatedly in a single drive cycle.” You can find out if your Tesla is subject to a recall by entering your VIN here.
What happens if autopilot causes a crash?
As we’re starting to see more self-driving vehicles on the road, questions about liability abound. Who’s responsible for causing an accident when one or more vehicles are using autopilot?
The New York Times reports, “The investigation is the latest safety concern that Tesla has been confronted with. Separately this year, Tesla recalled 54,000 cars equipped with its Full Self-Driving software to disable a feature that in certain conditions let the vehicles roll slowly through intersections without stopping. Failing to stop at a stop sign can increase the risk of a crash, the safety agency told Tesla in a letter.”
There have been further issues with the way the software perceives emergency vehicles with flashing lights, causing 11 collisions. All three of these problems arise from the way the vehicle is manufactured and programmed—not user error. A plaintiff injured in an autopilot crash may be able to hold the manufacturer responsible, if the self-driving function was determined to be the cause.
However, not all self-driving cars include full automation. Many have features where the driver has the option to take control. Depending on how involved the driver was at the time of the crash, they may be liable.
When you’re injured in a self-driving vehicle crash, call the Law Offices of Tim Misny. We’ll review your case and explain which course of action will get the best results. Whether the driver, the manufacturer or another entity is to blame, you deserve great legal representation.
Call an Ohio personal injury lawyer today
When you’re injured in an autopilot accident, I’ll Make Them Pay!® Get in touch with me at (877) 944-4373 so that I can evaluate your case as soon as possible. The Law Offices of Tim Misny will help you through each step of the legal process and fight for your compensation.