Tesla Recalls Self-Driving Software Because of Driver Risks

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In recent years, self-driving cars have transitioned from science fiction to reality. However, there are many concerns that technology isn’t quite ready to make these vehicles as safe as they should be. Autonomous vehicle manufacturers like Tesla promote self-driving cars as providing numerous benefits, such as increased road safety, reduced traffic congestion, and lower carbon emissions. However, the growing number of Tesla accidents related to the vehicle’s alleged technological defects has left consumers questioning whether these cars are ready for the road.

At the request of the National Highway Traffic Safety Administration (“NHTSA”), Tesla issued a recall of its “Autosteer on City Streets feature” called Full Self-Driving (“FSD”) beta software. This recall is just another addition to Tesla’s concerning history of recalls. Drivers who own or lease a Tesla with self-driving technology or autopilot or who have suffered injuries in a Tesla accident should consult an attorney to learn more about their rights and what they can do to hold Tesla accountable.

Tesla Recall Information

Tesla is no stranger to recalls. In fact, by some estimates, as many as 50 percent of all Teslas have been recalled. And while many of these recalls involve minor issues, that is not the case for all Tesla recalls.

In terms of the Tesla FSD recall, upon pressure from U.S. safety regulators, Tesla recalled over 360,000 vehicles equipped with the FSD feature. The recall applies to the following Tesla models manufactured from 2016 through 2023:

  • Model S,
  • Model X,
  • Model 3, and
  • and Model Y.

This string of recalls arose from a more extensive NHTSA investigation into Tesla’s Autopilot driving systems.

Is Tesla FSD Software Defective?

Tesla’s autopilot feature is an assortment of technologies that work to steer, brake, and accelerate vehicles independently. NHTSA announced the recall following ongoing discussions about the safety of Tesla’s Autopilot and FSD Beta support features. NHTSA notified the car manufacturer that the agency discovered issues with how vehicles equipped with the FSD software performed under certain conditions.

NHTSA reported that Tesla’s FSD might cause the vehicle to break traffic laws, creating serious safety hazards. Tesla conceded that the technology revealed some of the following concerning behaviors:

  • Turning or traveling through a yellow light;
  • Entering into an intersection with a stop sign without coming to a complete stop;
  • Adjusting vehicle speed while traveling through variable speed zone; and
  • Attempting a lane change out of turn-only lanes to continue traveling straight.

In addition, some claim that independent testing showed that the company’s FSD software ignored school bus signals, failed to recognize children in crosswalks, veered into oncoming traffic, and ignored safety signs.

Is Tesla Compensating Owners of Vehicles with FSD?

Overall, Tesla has identified 18 warranty claims that may be related to the FSD technology. However, the company claims it is unaware of any injuries or deaths related to the technology. Tesla agreed to send the impacted automobiles an over-the-air (OTA) notification in the coming weeks. The company explained that the OTA update should improve how the currently defective software negotiates certain driving maneuvers. The company has not issued any statement regarding compensation to vehicle owners whose Teslas have non-updated FSD software. Further, given Tesla’s position that no one was hurt as a result of the FSD technology, it appears unlikely that the company would willingly compensate accident victims who believe the collision was caused by defective Tesla software.

Tesla’s History of Recalls

Tesla has been under NHTSA scrutiny since 2016 when a Florida driver using the Autopilot system was killed when his vehicle went under a tractor-trailer. That event sprouted a thorough investigation into Tesla’s Autopilot accidents. In addition to the current FSD recall, Tesla has issued numerous recalls since 2017. Some significant Tesla recalls include the following:

  • 2021-2023 Model X recall over passenger airbag concerns;
  • 2017-2021 Model S and X recall over power steering;
  • 2017-2022 Model 3 recall over incorrect seat belt anchoring;
  • 2017-2022 Model S and X over power window issues;
  • 2021-2022 Model S, X, and 2022 Model 3 and Y vehicles center display recall;
  • 2018-2022 Model 3 recall over speed display;
  • 2021-2022 Model X recall over airbags;
  • 2020-2022 Model S, X, U and 2017-2022 Model 3 over pedestrian warning system; and
  • 2018-2019 Model S, Model X, and 2017-2020 Model 3 backup camera recall.

Tesla owners should check their vehicle’s identification number and consult an attorney if they believe their car has a serious design or manufacturing defect.

Tesla Deceptive Marketing Claims

While Tesla’s driver manuals provide that drivers must keep their hands on the wheel and remain in active control, company officials have previously described the vehicles as leaving the manufacturer with all the hardware necessary to achieve autonomy. Tesla’s paradoxical stance on its vehicles has confused consumers about its capabilities and safety. Additionally, many motorists and state officials argue that the company has misled customers. Consumers allege that the company’s safety reports, statements, and manuals violate consumer protection laws.

Product liability claims based on misrepresentations are among the most challenging types of lawsuits. In these cases, consumers must be able to establish that a product's manufacturer, seller, or dealer intentionally made untrue statements about the product’s characteristics. These claims are often part of a more significant consumer fraud matter and require a comprehensive understanding of complex federal and state laws.

DISCLAIMER: Because of the generality of this update, the information provided herein may not be applicable in all situations and should not be acted upon without specific legal advice based on particular situations.

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