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‘Your honor, I call to the stand Tesla Model X’

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The Tesla Model X. Photo: Steve Jurvetson
The Tesla Model X. Photo: Steve Jurvetson

Yet another glimpse into the future

Autonomous vehicles will soon change how lawyers deal with their clients and cases, yet I’ve had trouble imagining a day when smart cars start getting subpoenaed.

The Washington Post published a story recently titled “Tesla just showed us the future of car crashes,” about the owner of a Tesla Model X, who claims the car’s autopilot system necessitated a crash by independently accelerating while his wife was behind the wheel. The car jumped over a curb and crashed into the side of a shopping center.

There’s just one problem with that scenario, according to Tesla. Data collected from a diagnostic log, which relies on multiple sensors that keep track of the car’s behavior, indicated that the gas pedal was suddenly pressed to the floor before the crash. Tesla also revealed that the car was never switched to autopilot or cruise control, which would place liability squarely on the shoulders of the driver.

The Post goes on to mention that the owner of the Model X is sticking by his story, even though the data is practically conclusive. We may have the beginnings of an ongoing case study, but the bigger takeaway is whether drivers (and manufacturers, insurers, etc.) are prepared to deal with such a fast-approaching reality. How do you disprove a computer?

Writer Brian Fung had some insightful thoughts on what the Tesla situation means for the future of driving, one of which includes keeping people honest by virtue of the nature of smart cars and how they operate:   

“Cars have reached a level of sophistication in which they can tattle on their own owners, simply by handing over the secrets embedded in the data they already collect about your driving.”

That’s a relatively impressive realization when you consider the amount of auto-related litigation that occurs in the United States alone. Outside of our ability to install dashboard cameras, collecting information from a vehicle’s computer system represents a turning point in the way automakers, insurance companies, and lawyers will soon go about their business, including the protection of consumers. Fung goes on:

“But the potential dark side is that the data can be abused. Maybe a rogue insurance company might look at it and try to raise your premiums. Perhaps it gives automakers an incentive to claim that you, the owner, were at fault for a crash even if you think you weren’t.”

As I’ve said before, we’re on the edge of a new frontier and we have to have a clear view of what’s coming.

Keeping potential cases away by helping new drivers be safe

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Jay_End-Distracted-Driving

Jay spent time over the past two weeks away from the office trying lower the number of potential car crash cases we handle. And this was a good thing.

End Distracted Driving is an organization started by Joel Feldman and Dianne Anderson after their daughter, Casey Feldman, was tragically killed in a crosswalk by a distracted driver in 2009. Their mission is to raise awareness of the dangers of distracted driving while generating action to prevent it. Jay took part it in EndDD’s nationwide program by reaching out in his community and speaking to drivers education classes at Crystal Lake South High School and Cary-Grove High School.

“I’ve spoken to other lawyers, college students, and law students, but this was a bit different,” Jay said. “Trying to catch and maintain the attention of a group of high school students on the cusp of summer vacation was a bit more challenging. Still, I was impressed by how attentive and responsive they were.”

Students readily agreed with the common (mis)perception that teens are “the worst” when it comes to texting and driving. However, research indicates otherwise:

Source: National Highway Traffic Safety Administration
Source: National Highway Traffic Safety Administration

“They were a bit surprised when I showed them the actual numbers,” Jay said. “However, there were a lot of hands in the air when I asked if any of them had been in the car while a parent was texting while driving.”

And that seems to be a big hurdle. If we are going to demand safe driving from our children, it’s time we start showing them what it looks like—every time we’re in the car.

We take our jobs seriously, representing victims of car crashes every day. But we also take seriously our responsibility to increase driver safety and awareness.

Yikes. Driver caught snoozing while car is on autopilot

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Tesla-Autopilot
Hands-free shouldn’t mean hands-off

That didn’t take long. A driver was caught napping in the driver’s seat of his Tesla Model S on Sunday while the car inched along a congested LA freeway.

There’s only one problem: The Model S is not an autonomous vehicle. Rather, Tesla’s futuristic-style cars are equipped with a semi-autopilot system designed to give drivers a smidge of hands-free liberation on a severely limited basis. That means it’s probably not a good idea to catch a few z’s, no matter how cool your car is.

The few autopilot systems that exist still require drivers to be alert at all times. Anything less likely has bad implications for you, your car, and the drivers who happen to be nearby. Motor Trend caught wind of the video and reached out to Tesla for a statement. The company was quick to reply, describing its auto system as “designed to provide a hands-on experience to give drivers more confidence behind the wheel, increase their safety on the road, and make highway driving more enjoyable.”

Proponents of autonomous vehicles have championed their cause in recent years, as the technology has advanced to a new level of sophistication. We’ve even written about the benefits of autonomous vehicles and what the future may look like down the road. But this is a perfect example of how drivers are taking a relatively fledgling luxury for granted. There’s not enough evidence to suggest that “hands-free” translates to “hands-off.”

In the same article, Motor Trend points out that owners of self-driving cars are responsible for the actions of their property, meaning the sleepy driver from the video would be liable for any crash that he or his car may cause. It’s a logical conclusion. From a legal perspective, however, the case precedence has yet to be written. There’s no telling how a case like that might play out.

The bottom line at this stage? Keep your hands on the wheel.

Book Review: Mark Mandell’s Case Framing

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Every case has its details. That part’s obvious. What’s not obvious is how we choose to frame them. In every instance there’s a new set of facts, data and jurors. For every piece of valuable information, there are a plethora of details that prove superfluous. The challenge for trial lawyers is to pinpoint what works and what doesn’t. Even then, there’s more work to be done, and it’s generally with the intention of one thing: getting the jury to see your side of the story.

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