Tesla Is Being Sued for Wrongful Death Following Another Crash Involving Autopilot

The smart-vehicle collided with a tractor-trailer, tearing off its roof as is passed skid through underneath the truck.

 

 

Tesla is being sued by the family of a 50-year-old Florida male who passed away in a crash while using the company’s Autopilot innovative motorist assistance network. The family Jeremy Beren Banner is suing for wrongful death while asking for compensation for more than $15,000. An attorney for the family announced the lawsuit on Thursday, although it has reportedly not yet been filed with the Palm Beach County Clerk.

The lawyers representing Banner’s family held a news conference about the family’s wrongful death against Teslathe semi-truck motorist, & the trucking firm he worked for. The 45-year-old man motorist of the commercial truck was uninjured.

“There’s no question at all it was defective,” said trial attorney Trey Lytal. “It did not work properly. In fact, it did not work at all of the.”

According to NBC affiliate WPTV, the lawsuit was announced on Thursday, & it should be filed shortly in Palm Beach County, Florida. A Tesla spokesperson declined to comment. The crash occurred on March 1st, 2019 at 6:17 AM when Banner’s 2018 Tesla Model 3 was traveling southbound on State Highway 441 in Delray Beach and struck an eastbound tractor-trailer.

The crash ripped the roof off the Model 3, killing Banner.

The crash site, southbound US 441 consists of 2 through travel lanes divided from the northbound lanes with a median. A left-turn lane makes it possible for vehicles to alter direction & input the northbound lanes. A right-turn lane allows Accessibility to a private driveway into an agricultural facility on the highway’s west side. On both sides Of the highway, an bicycle lane runs adjacent to the right travel lane. The posted speed limit is 55 miles per hour.

As the Tesla approached the private driveway, the combination vehicle hauled from the driveway & traveled east over the southbound lanes of US 441. The truck motorist was trying to cross the highway’s southbound lanes & turn left into the northbound lanes. According to surveillance video in the region & forward-facing video from the Tesla, the combination vehicle slowed as it spanned the southbound lanes, even blocking the Tesla’s route.

The Tesla then struck the side of the semitrailer, causing the roof of the Tesla to rip off as the vehicle under rode the semitrailer & continued south. The Tesla came to a rest on the median, about 1,600 ft from where it first hit the semitrailer.

According to the NTSB’s preliminary report, Banner engaged Autopilot approximately 10 seconds before the crash, & the network did not find the motorist’s hands on the wheel. The report stated the vehicle was traveling about 68 miles per hour before the crash, 13 miles per hour over the posted limit. The NTSB notes both information & videos show that neither the automobile nor the motorist initiated some kind of evasive movement before the crash. The investigation is still ongoing.

The NTSB’s complete investigation is likely to take as long as an additional year to be made.

The National Transportation Safety Board (NTSB) continues to gather information on the operation of Tesla’s ADAS & the Tesla motorist’s actions leading to the crash. The investigation will also examine the motorist of the combination vehicle, the motor carrier, highway factors, & survival factors. All elements of the crash remain under investigation as the NTSB determines the probable cause, with the intent of issuing safety recommendations to prevent similar crashes.

An attorney for Banner’s family said in a press conference Thursday the Tesla has video of the accident from the onboard cameras; however, it’s uncertain if the family has been given access to this footage.

Tesla’s Latest Autopilot Death Looks Exactly Like a Previous Crash

The crash has parallels with an additional, similar accident which also claimed the life of a Tesla motorist. In May 2016, Joshua Brown’s Model S collided with the side of a tractor-trailer, killing him. The resulting a preliminary report from the NTSB did not find Tesla at fault, & it also refuted claims that Brown was watching a movie before the crash.

Banner’s family is the second family to file a lawsuit against the automaker. Earlier this year, the family of Walter Huang sought damages from the automaker due to perceived negligence on Tesla’s part. Huang’s Model X collided with a highway barrier while Autopilot was active in Mountain View, California. Following the crash, Tesla issued a statement casting attribute on Huang while simultaneously touting the benefits of its network, though the NTSB’s preliminary report pointed to many contributing factors.

The self-driving vehicles have been a big focus in the automobile industry lately.

It’s quite ironic that this occurred, especially since the main point of a self-driving car is for it to be safer!  This type of safer driving technology would require vehicles to have a type of communication between vehicles to prevent a collision.  The communication likely would be done through the use of GPS coordinates and other sensors that are new age that might be in development. This technology would need not only to be able to communicate with other vehicles but be able to detect when other road users, for example, cyclists and pedestrians, are within near proximity of the vehicle.

A wrongful death claim can provide an important source of financial relief for loved ones the decedent left behind.

A claim can bring justice to the responsible party, give you family closure, and provide financial compensation for your losses. You may have suffered emotional damages, mental anguish, or loss of consortium. The courts may award compensation for all of these intangible losses, as well as for tangible damages like funeral and burial expenses or the decedent’s accident-related medical care up until the time of death.

Arash Law sympathizes deeply with those who have lost family members or spouses because of negligence.

We want to help you get the most out of your wrongful death claim in California and have the resources you need to pursue justice for wrongful death as well as the experience to ensure that you get appropriate compensation.

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Involved in a Car Accident Caused by an ‘Autopilot’ or Self-Driving Technology?  You pay nothing unless we win your case.

It is important to remember that even a vehicle that is the most technologically advanced has the potential to end up in an accident. If this happens due to an error with the technology, it is possible for you to receive compensation after filing a claim that is against the vehicle’s manufacturer. At Arash Law Injury Lawyers in California, we have handled many cases that involve serious vehicle defect lawsuits against vehicle manufacturers, so there is no need to worry if we have the resources, skills, experience, or connections. Call us at (888) 488-1391 right away!

We have it all, and we can help you if you go up against any big automaker and ensure you win.

Recently, our injury law firm was able to secure $6,000,000 for a client who was driving with his wife and son on a two-lane highway when a drunk driver crossed the double yellow lines, causing a head-on collision that claimed the life of a loving wife and mother. Trial Attorneys for the defense attempted to dispute the coverage and liability of their insured but were unsuccessful.  After several months of aggressive, courtroom battles we obtained the maximum policy limits for our client.

ABOUT THE AUTHOR
Arash Khorsandi, ESQ
Founder, Arash Law

Arash Khorsandi, Esq. is the owner and founder of Arash Law, a large injuries and accidents law firm with offices throughout California. Over the years, Arash has built an all-star team of record-breaking lawyers, former insurance company adjusters, and the best paralegal staff in the country in order to ensure that his client’s cases result in the best possible outcome. In fact, our California personal injury law firm has won countless awards and distinctions in the field of plaintiffs Personal Injury law.

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DISCLAIMER: Information provided on this blog is not formal legal advice. It is generic legal information. Under no circumstances should the information on this page be relied upon when deciding the proper course of a legal action. Always obtain a free and confidential case evaluation from a reputable attorney near you if you think you might have a personal injury lawsuit.

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