Tesla just won what might be the first trial over a crash involving its Autopilot semi-autonomous software. According to the jurors, driver distraction, not Autopilot, was to blame for the incident that led to this case. Those same jurors awarded zero damages to the plaintiff.
According to that plaintiff, Justine Hsu, her Tesla Model S swerved into a median while Autopilot was engaged. As a result of the accident, the airbag went off and Hsu complained of a fractured jaw, knocked-out teeth, and nerve damage to her face. She alleged that not only was Autopilot at fault but that the airbag malfunctioned as well and sought damages of $3 million.
The jury found that she was wrong on both counts and gave her nothing. As a part of that finding, they noted that Hsu was using Autopilot on a city street, an area where Tesla specifically tells customers not to use the feature. In addition, it said that the airbag deployed as it should have in the event of an accident.
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Jurors that spoke to Reuters about the case laid it out in clear English. “It’s your vehicle,” said foreperson Olivia Apsher. “There are audible warnings and visual warnings both for the driver, indicating that it is your responsibility. The technology is something that’s assisting you and we want that message to be clear. Drivers should understand that before they sit behind and take control of the vehicle using those features.”
Detractors complain about the nomenclature of the technology but there’s little question about whether or not Tesla actually professes to sell a fully autonomous vehicle. Juror Michael Vasseur specifically called that out after the verdict. “Autopilot never confessed to be self pilot. It’s not a self-driving car… It’s an auto assist and they were adamant about a driver needing to always be aware,” he said.
The case could set precedent regarding other cases surrounding Autopilot and Full Self-Driving that Tesla has on its schedule in the future. For now, Vasseur has advice on how to avoid this sort of problem. “I personally would never use autopilot,” he said. “I don’t even use cruise control.”
