The December 2023 Tesla Recall
On December 12, 2023, the first Tesla recall was announced, recalling all 2012-2023 Model S cars that are equipped with Autosteer and were produced between October 2, 2012, and December 7, 2023, all 2016-2023 Model X vehicles, all 2017-2023 Model 3 vehicles, and all 2020-2023 Model Y vehicles equipped with Autosteer that were produced through December 7, 2023. Autosteer is the automatic steering assistant that makes the Tesla a “driverless” vehicle. The recall came after an investigation determined that the automatic steering assistant feature did not do enough to ensure that drivers still paid attention to the road and their surroundings while Autosteer was engaged. Additionally, the investigation found that the feature did not do enough to prevent drivers from using Autosteer in places where the system isn’t designed to be used. Both of these concerns led to an increase in autonomous car crashes and raised more concerns about driverless cars and the future of auto accident liability in light of the potential for product liability claims that could arise.
What Did Tesla Change in the Recall?
When the Tesla recall was issued, Tesla said it was meant to ensure that drivers pay attention when using the autopilot system. In order to resolve the issues found during the investigation, Tesla decided to release an over-the-air software update that would increase controls and alerts to further encourage drivers to pay attention while using Autosteer. The software upgrade included increasing the size of visual alerts, repositioning alerts, and disengaging Autosteer if the driver did not respond to inattentiveness warnings, as well as additional checks when using Autosteer. Additionally, Tesla stated that if their system detected significant improper use, Autopilot access would be restricted for one week.
However, one source reports that not much has changed in their Tesla Model Y following the recall. The source states that they used the pre-update system on the outbound leg of a road trip and the new updated system on the returning leg of the road trip. On the return trip, they noticed that the system still took the same amount of time to display a warning if the driver’s hands were off the wheel. However, the warning was now larger and displayed in a different corner with an image of hands on a steering wheel that was easier to see. The drivers noted that despite the size and location change, the frequency of warnings had not changed. Additionally, the system still displayed a flashing blue bar after 5 seconds of the driver’s hands being off the wheel, but now the flashing picked up speed more quickly. Moreover, the drivers tested the cabin camera to see if it was being used for monitoring. The drivers noticed that the cabin camera was only activated above 30 mph. Furthermore, if the camera above the rearview mirror was covered while driving above 30 mph, it would display a large warning telling the driver to take over immediately and produce a loud beeping sound. However, although the camera was now operational, it only believed the driver wasn’t paying attention to the road if their head was turned around, pressed to their chest as if they were sleeping, or if the driver was looking at the center screen for more than a few seconds.
What Has Happened Since the December 2023 Tesla Recall
Since the December Tesla recall, there has been another Tesla recall that happened in February of 2024. This time, Tesla recalled all vehicles due to a warning light font issue. The font for certain warning s was so small as to be difficult to notice. However, it appears the fix for this is simply to push out software online that updated the font size. Tesla was also to send out notices letting drivers know of the updated software and new font.
New Investigation
the National Highway Traffic Safety Administration (NHTSA) has opened up another investigation into Tesla after receiving reports that 20 vehicles with the new Autopilot software updates installed have crashed. Investigators and car accident attorneys with the NHTSA have concerns about whether the recall worked due to the high number of crashes reported since December. The NHTSA stated that their investigation has highlighted several concerns after the recall, including that the way a driver can set how they want to activate Autopilot is possible to do while driving, a driver can readily reverse the December recall software update, and the weak driver engagement system is not appropriate for Autopilot.
Recently Settled Wrongful Death Lawsuit Against Tesla
One of the many high-profile lawsuits brought upon Tesla was settled earlier this year in April. The wrongful death lawsuit was filed by family members of the victim, Walter Huang, after his Tesla Model X crashed into a concrete barrier and killed him while Autopilot was engaged. The Model X was driving at 71 mph when it veered off the highway after having Autopilot engaged for nearly 19 minutes before the crash. Huang’s wrongful death lawyer and heirs believed that Tesla oversold its Autopilot system as self-driving and that the system wasn’t as safe to use as Tesla implies. In a 2018 blog post, Tesla stated that Huang’s hands were not detected on the steering wheel for six seconds before the crash and that they believed he was responsible for the crash because he was found playing a video game on his phone while Autopilot was in use. Huang’s family acknowledged that he was distracted while Autopilot was on but argued that Tesla falsely marketed the vehicle as self-driving and that they knew it was not ready for use as an Autopilot vehicle. Instead of taking their chances in court Tesla opted to settle with the family before the trial. The terms of the settlement have not been disclosed to the public.
What Does This Mean for Tesla?
With the NHTSA investigation happening right now, it is possible they could search for further recall remedies, make Tesla limit where the Autopilot function can be used, or even force Tesla to disable the Autopilot system until it is fixed. If Tesla does not find a way to fix the issues within their Autopilot system, it could result in more crashes and possible deaths. Additionally, the more crashes that occur due to a faulty Autopilot system, the more high-profile lawsuits Tesla may face. Due at least in part to the high number of crashes in the past few months, the company has already lost a third of its market value this year.
Hire Us After a Tesla Crash
If you or a loved one have been injured as a result of a Tesla Autopilot crash, call a Houston auto accident attorney to seek compensation for your losses. Our attorneys understand the severity of car crashes and recognize that Autopilot features, such as Tesla’s, may have been presented in a way that implied they were self-driving. At Simmons and Fletcher, P.C., our personal injury lawyers will do everything we can to fight for the recovery you deserve under the law. Our firm has been representing car accident victims since 1979. Call us for a free consultation to discuss how to move forward with your Tesla accident case at (713) 932-0777.