Parents blame Elon Musk for ‘deceptive claims’ after son, 31, died in Tesla Model S while it was in ‘Autopilot’ mode
The parents of a man killed in a Tesla Model S have filed a lawsuit against the company, blaming Elon Musk for claiming the car’s ‘Autopilot’ was safe and roadworthy.
Genesis Giovanni Mendoza Martinez, 31, was crushed in a horror car crash when his Tesla crashed into a fire truck on February 18, 2023.
His family has claimed he bought the electric car under the mistaken belief that it could drive itself, and have since announced they will sue Tesla over claims by Musk, the company’s CEO, that the car’s self-driving technology has been perfected was ready for the road.
Tesla has argued that the car “has a reasonably safe design as measured by the appropriate test under applicable state law,” and that the accident “may have been caused in whole or in part” by Mr. Mendoza’s “own negligence and /or omissions.’
And in court filings refuting the family’s claims, the electric car maker said no additional warning would have or could have prevented the crash, any injuries or loss of life during the incident.
Attorney Brett Schreiber, who represents the Mendoza family, said The independent that Tesla’s cars using the Autopilot feature were reportedly “ill-equipped to perform,” but instead of recalling the cars to fix problems, they instead released software updates.
He said: ‘This is yet another example of Tesla using our public roads to conduct research and development of its autonomous driving technology. The injuries to the first responders and the death of Mr. Mendoza were entirely preventable.
“What’s worse is that Tesla knows that many of its earlier model vehicles are still on our roads today with the same defect, putting first responders and the public at risk.”
Genesis Giovanni Mendoza Martinez, 31, was crushed in a horrific car accident on February 18, 2023. His family claims he bought the electric car in the mistaken belief that it could drive itself.
According to the complaint, around 4 a.m. on the day of the accident, Mr. Mendoza was driving north on Interstate 680, close to the San Francisco Bay Area, with his brother Caleb in the passenger seat and the autopilot engaged.
Musk has previously gone so far as to claim that the Autopilot feature was “probably better” than human propulsion
In their complaint, Mendoza’s parents, Eduardo and Maria, said their son bought his used Tesla Model S in 2021 after reading messages from Musk and the car company claiming his vehicles could drive themselves.
Musk has previously gone so far as to claim that the Autopilot feature was “probably better” than a human driver
After his purchase, Mr. Mendoza regularly drove the Tesla on highways using Autopilot.
According to the complaint, around 4 a.m. on the day of the accident, Mr. Mendoza was driving north on Interstate 680, close to the San Francisco Bay Area, with his brother Caleb in the passenger seat and the autopilot engaged.
Nearby, a fire truck with its emergency lights on was stationed in two lanes, diverting traffic ahead of a collision.
Other emergency vehicles were also on site with their lights on to warn road users.
The complaint states that Mr. Mendoza’s car struck the fire truck at 70 mph.
A Tesla Model S (file image) similar to the one purchased by Mr. Mendoza
Musk unveils the Testa Model S in October 2011. In their complaint, Mendoza’s parents, Eduardo and Maria, said their son bought his used Tesla Model S in 2021 after reading messages from Musk and the car company claiming that his vehicles could drive themselves.
At the time of the collision, Mr. Mendoza was sitting “passively in the driver’s seat” with Autopilot engaged.
The complaint adds that the car’s data showed that Autopilot was active for approximately twelve minutes before the crash, with no accelerator or brake pedal used by Giovanni during that time.
The crash crushed Mr. Mendoza and seriously injured his brother.
According to the complaint, Tesla’s Autopilot system is flawed and could not distinguish the emergency vehicle from normal traffic.
They claim that the car instead “saw some frames in the vision system that were either very dark or very bright,” and missed the emergency vehicles all together.
It also mentions several other crashes allegedly caused by Tesla’s Autopilot feature, as well as statements made by Musk online that he claims were “completely misleading.”
One comment that emerges is Musk’s claim at a June 2014 shareholder meeting that he was confident that in less than a year you’ll be able to “go from the on-ramp to the off-ramp of the highway without touching any controls.”
A Tesla Model 3 with FSD (Full Self-Driving). According to the complaint, Tesla’s Autopilot system is flawed and could not distinguish the emergency vehicle from normal traffic
The complaint alleges that Tesla was aware that the Autopilot feature had problems and instead “undertook a widespread campaign to cover up thousands of consumer reports” about problems with the feature.
In total, between 2015 and 2022, Tesla received more than 1,000 customer reports alleging that Autopilot had caused a crash, and more than 3,000 that the feature had caused sudden, unintended braking or acceleration.
In a response filed in the U.S. District Court for the Northern District of California, Tesla argued that the “damages and injuries” suffered by Giovanni Mendoza and his brother, “if any, were caused by misuse or improper maintenance of the subject product at a way that could not reasonably be foreseen for Tesla.’
MailOnline has approached Tesla for comment on the matter.