Tesla's Full Self-Driving Mode Under Scrutiny After Fatal Motorcycle Crash in Washington

Tesla's Full Self-Driving Mode Under Scrutiny After Fatal Motorcycle Crash in Washington

Washington State Patrol Confirms Tesla in FSD Mode During Fatal Crash
: Legal and Safety Implications

Tesla's Full Self-Driving Mode Under Scrutiny After Fatal Motorcycle Crash in Washington
Tesla's Full Self-Driving Mode Under Scrutiny After Fatal Motorcycle Crash in Washington
Image credit: Car and Driver

Accident and Investigation

Washington State Patrol investigators have confirmed that the Tesla involved in a fatal crash on Friday, April 19, 2024, was operating in Full Self-Driving (FSD) mode. Chris Loftis, the state patrol communications director, stated, "Our criminal investigative division has confirmed that the Tesla was in Tesla's Full Self-Driving (Supervised) mode at the time of the collision." The investigation is ongoing, and it will be up to the Snohomish County Prosecutor to decide if any charges will be filed.


Details of the Crash

The incident resulted in the death of Jeff Nissen, 28, from Stanwood, Washington. Nissen was struck by a 2022 Tesla Model S on eastbound State Route 522, east of Maltby. According to court documents, the 56-year-old Tesla driver admitted to first responders that he was looking at his phone while the car was driving itself. The court filings stated, "The vehicle lurched forward as it accelerated and collided with the motorcycle in front of him."


Legal and Regulatory Context

Washington State does not permit self-driving vehicles to operate unless companies have certified testing arrangements with the Department of Licensing. Currently, Nvidia, Waymo, and Zoox are the only companies certified to test self-driving cars in the state. Loftis emphasized the importance of driver responsibility, stating, "Laws on the issue of autonomous vehicle capacity might vary by state to state or locale, but it is imperative that the traveling public remember the driver/operator is ALWAYS responsible for the safe and legal operation of their vehicle in any locale in the State of Washington."


Tesla’s Full Self-Driving and Autopilot Features

As of June 2023, Tesla's Autopilot, a subset of FSD capabilities, had been involved in 17 fatalities and 736 crashes. Tesla's Model S Owner's Manual clearly states, "Full Self-Driving (Supervised) requires a fully attentive driver and will display a series of escalating warnings requiring driver response." Despite the terminology like "Full-Self Driving" and "Autopilot," these systems are intended to assist a human driver, not replace them.


Previous Legal Issues and Company Statements

In September 2022, Tesla was sued by customers who claimed the automaker misled them with terms suggesting its vehicles could operate autonomously. The case is ongoing after Tesla's failed attempt to have the claim dismissed in May. Tesla did not respond to a request for comment on the recent crash.


Tesla’s Position on Autonomy

Tesla's CEO, Elon Musk, has promoted the company as a leader in robotics and AI, emphasizing the potential of self-driving capabilities. During the recent Q2 2024 earnings call, Musk stated, "By far, the biggest differentiator for Tesla is autonomy." However, Tesla’s website clarifies, "Autopilot is a hands-on driver assistance system that is intended to be used only with a fully attentive driver. It does not turn a Tesla into a self-driving vehicle nor does it make a vehicle autonomous."


Driver’s Legal Status

The Tesla driver involved in the crash has been arrested on suspicion of vehicular homicide based on his admission that he was not in full control of the vehicle. He has posted bond and is awaiting a charging decision.

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