Tesla is facing a lawsuit over a fatal accident in New Jersey, US, where a 2024 Model S, equipped with autopilot and full self-driving features, was involved in a crash that killed three family members, reported Reuters.

The death lawsuit was filed in federal court in Camden, New Jersey, alleging that the vehicle’s “defective and unreasonably dangerous design” led to the deaths of David Dryerman, 54; his wife Michele, 54; and their daughter Brooke, 17.

The family was returning from a music festival on 14 September 2024 when their car veered off the road and collided with several roadside structures.

The plaintiffs, which include the estates of the deceased and Brooke’s older brother, Max Dryerman, are seeking unspecified compensatory and punitive damages.

The complaint criticises Tesla for not warning the driver, David Dryerman, of the potential risks, referencing CEO Elon Musk’s past claims that autopilot was “probably better” than human drivers. Tesla has not yet responded to the lawsuit.

The company has previously stated that its self-driving features require “fully attentive” drivers with their hands on the wheel, despite not making the vehicles autonomous.

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In response to demands from the National Highway Traffic Safety Administration, Tesla agreed to recall over two million vehicles in the US in December 2023 to implement additional safeguards to its Autopilot ADAS.

This legal action adds to the ongoing scrutiny of Tesla’s self-driving technology’s safety.

According to the lawsuit, the Model S’s design flaws caused it to leave its lane and fail to engage emergency braking, contributing to the severity of the crash.

The Dryermans were reportedly wearing their seat belts at the time of the incident.

The complaint said: “Thousands of Tesla drivers have relied on Tesla’s ADAS technology as though it were capable of safe, fully autonomous self-driving with minor software updates when in fact it is incapable of safely handling a variety of routine roadway scenarios without driver input.”

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