What We’re Reading

• In Tesla trial over Autopilot fatality, lawyer cites ‘experimental vehicles’ (CNBC, September 29, 2023)

  The first of two major back-to-back trials involving Tesla fatalities began last week in a California state court, where a jury is being asked to decide whether an Autopilot defect or driver error caused Micah Lee’s Model 3 to veer off the highway into a tree and burst into flames, killing him and injuring his two passengers. Plaintiffs claim that Autopilot was engaged just before the crash when the Model 3 took a sharp turn at 65 mph, while Tesla denies that the technology was in use.

  In opening statements, Plaintiffs’ counsel blamed Tesla, arguing that “a car company should never sell consumers experimental vehicles” and that “excessive steering command is a known issue at Tesla.” Tesla’s lawyer blamed Lee, claiming that he was intoxicated (a claim that Plaintiffs deny) and that Autopilot “is not designed to make a sharp turn on a highway.”

  Additional coverage of the trial can be found at The Washington Post (paywall), Bloomberg (paywall), Teslarati, Electrek, and InsideEVs.

• Tesla scores Autopilot victory as judge rules owners must use arbitration (Reuters, October 2, 2023)

  While Tesla defends its Autopilot system in California state court (see above), a California federal court judge “has ruled that a group of vehicle owners must pursue claims that the company misled about its Autopilot features in individual arbitration rather than court.” The ruling puts an end to a putative class action filed by four Tesla owners who sought to challenge Tesla’s marketing practices on behalf of themselves and similarly situated owners. Specifically, the owners challenged Tesla’s repeated public claims that it was “on the verge” of producing fully self-driving vehicles, causing them to spend extra money at purchase for the full self-driving package.

  Undeterred, plaintiffs’ counsel has vowed to “file thousands of individual arbitration claims on behalf of Tesla customers” saying “[i]t is telling that Tesla doesn’t want to defend its marketing practices in public in open court but instead has fought to get as many of these claims as possible sent to private arbitration.”

  The complete order compelling arbitration can be read here, and additional reporting can be found at TechCrunch, ArsTechnica, and InsideEVs.

• Forget Autonomous Cars, Autonomous Long Haul Trucking Is The Key To Real Emissions Reductions (CleanTechnica, September 27, 2023)

  Newly released data from the Run on Less–Electric Depot project, a joint effort between the North American Council for Freight Efficiency (NACFE) and RMI that tracks key electrified long-haul trucking metrics from 10 fleet depots, suggests that electrified long trucking is gaining traction and making considerable technological strides. Key takeaways from the data suggest that electrified trucks, even with current technological and safety-related challenges, are a viable and preferable option to diesel power.

  Autonomous technology also appears to be an ideal solution to many of the biggest challenges faced by traditional long-haul trucking, such as driver fatigue, distraction, and general labor shortages. A recent press release indicates that the Inceptio Autonomous Driving System has powered more than 40 million kilometers of accident-free trucking on China’s highways.

  In addition to reducing carbon emissions, electrified autonomous trucks can more efficiently handle the control of all safety-critical systems, thereby creating a safer and more reliable dynamic driving experience. Autonomous trucks even have benefit where a human safety operator is present, extending the driver’s personal durability since the driver is no longer obliged to constantly monitor the system or perform non-driving-related task.