Lawsuit claims Tesla’s Autopilot shortcomings led to fatal crash; family seeks $1m in damages and punitive measures.

The family of a Texas woman who was killed has filed a lawsuit against Tesla after a driver using a Model 3’s automated driving assistance system crashed into a suburban Houston home last week.

The complaint, filed on Tuesday, argues that Tesla should be held liable for the wrongful death of 76-year-old Martha Avila. The family alleges that the automaker, led by Elon Musk, failed to adequately warn drivers about alleged defects in its Autopilot and Full Self-Driving systems.

Avila’s daughter, Jennifer Barbour, and her husband, Justin Barbour, said the Model 3’s driver, Michael Butler, told law enforcement he engaged Autopilot before ploughing through the front wall of Avila’s home in Katy, Texas, the United States, on June 19, pinning her before she succumbed to her injuries at a nearby hospital, according to the complaint.

Video obtained by KHOU – Houston’s CBS affiliate — shows the car travelling at top speed over the front lawn of Avila’s home in the Houston suburb before slamming into the front room.

The driver told the Harris County Sheriff’s Office that he was using the technology at the time of the accident. The driver in the incident was not under the influence of alcohol and is cooperating with authorities.

Butler is also a defendant in the Barbours’ lawsuit. It is unclear whether he has a lawyer.

Musk, the world’s richest person, posted on X on Monday night: “FSD drives slowly through neighbourhood streets and this was a high-speed crash!”

Ashok Elluswamy, vice president of AI software at Tesla, posted on X in response, saying that “the driver manually overrode self-driving by pressing the accelerator all the way to 100% of the accel pedal in this residential area.”

The lawsuit filed in a Harris County, Texas, state court seeks more than $1m in damages, and punitive damages reflecting Tesla’s alleged “reckless disregard for a substantial risk of severe bodily injury”.

The National Highway Traffic Safety Administration (NHTSA) has been investigating the crash.

Since 2016, the NHTSA has opened nearly 50 special investigations of Tesla crashes believed to involve advanced driver assistance systems. About two dozen deaths were reported.

In March, the NHTSA escalated its probe into 3.2 million Teslas equipped with Full Self-Driving, on concern the system may fail to detect or warn drivers in poor visibility. In 2023, Tesla recalled about two million vehicles, nearly all of its electric vehicles on US roads, to better ensure that drivers pay attention when using Autopilot.

Tesla has said Autopilot enables vehicles to steer, accelerate and brake within their lanes, while Full Self-Driving lets vehicles obey traffic signals and change lanes.

The carmaker has also said both technologies require “fully attentive” drivers whose hands are on the wheel.

The incident comes as the Musk-owned company is rolling out robotaxis using automated software in several US cities this year and plans to invite Tesla owners across the country to put their cars into the fleet using the same system.