In a recent report by the National Highway Traffic Safety Administration, 750 Tesla owners complained about their cars coming to a sudden stop for no discernible reason. The complaints allege that there are problems with the vehicle’s automated driving system, which caused the cars to brake suddenly while they’re on the road. Owners say they’re in fear of crashing into another vehicle, since there is no warning that the cars are coming to a stop. As a result, the agency has asked Tesla for any reports they’re received regarding false braking issues, along with insurance claims involving crashes, injuries, property damage, or death. The NHTSA is requiring this information for all Tesla Roadsters, Model S, Model 3, Model X, and Model Y vehicles.
It’s very likely that the NHTSA’s investigation will lead to a mass recall. Class action lawsuits are sure to follow, though victims that are already injured can’t afford to wait on monetary compensation. If you are one of these individuals, you surely have many questions on your mind regarding your legal options. Most likely, you are asking yourself:
- What are my rights if I was hurt in an accident because of the sudden stop?
- Do I have to join a class action to sue for damages?
- If I was not in accident with another vehicle but the sudden stop caused injury, can I still sue?
We will try to provide as much information as possible, but please note that this article is for general purposes only. Each accident is unique with its own set of details, which are especially complex when it comes to autonomous vehicles. For information specific to your case, call Normandie Law Firm and speak with a Tesla sudden braking injury attorney.
Common Injuries from Sudden Braking Accidents
Suddenly coming to a stop in the middle of traffic is very dangerous, as it can cause others to crash into you or veer off the road to avoid a collision. Either action can lead to serious injuries such as:
- Broken bones
- Traumatic brain injury
- Spinal cord damage
- Scarring and disfigurement
- Burns
- Nerve damage
- Foot / ankle injuries
- Torn ACL / MCL
- Dislocated kneecap
- Dislocated shoulder
- Wrist / hand sprain
Even when there are no car crashes, coming to a sudden stop in the middle of a ride can result in various injuries, including:
- Whiplash
- Torn ligaments and tendons
- Slipped disc
- Concussion
- Traumatic brain injury
If you’ve been injured by a Tesla vehicle coming to a sudden stop, you may have grounds for an injury claim or lawsuit. To learn more about your right to compensation, contact our office and speak to an experienced Tesla accident lawsuit attorney.
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What are my Rights if I was Hurt because of a Sudden Stop?
If sudden braking of your Tesla vehicle led to an injury, you may be able to sue the automaker for your economic and emotional losses. However, lawsuits involving autonomous cars are extremely complicated, as this is a relatively new area of personal injury law. First and foremost, we would have to prove that the sudden braking was caused by a mechanical defect or design flaw. That’s precisely what’s being alleged by the 750 owners in the NHTSA investigation involving sudden stops in Tesla vehicles. According to the agency’s report, “Complainants report that the rapid deceleration can occur without warning, and often repeatedly during a single drive cycle.”
Tesla has yet to respond to these allegations, but the company has a long history of denying liability for accidents involving their vehicles. However, we don’t believe that it’s mere coincidence for so many people to have sudden braking issues. Additionally, it’s not a coincidence that out of 34 deadly crashes investigated by the NHTSA, 28 involved Teslas.
The most important thing you can do as a victim is to learn about your legal rights. To do this, you will need to speak with a lawyer with expertise in sudden stops. Insurance companies tend to be dismissive of these accidents, claiming that they don’t result in serious injuries. But we know different, based on the number of sudden stop lawsuits we’ve handled over the years. Whether you’re the driver or someone that was hit by a car that stopped suddenly, you are at risk of serious, long-term injuries that can take years to recover from. The law allows you to demand compensation from the responsible parties, but winning against a company like Tesla requires experienced legal representation. That’s what we can provide for you here at Normandie Law Firm. Here are the damages we can help you recover in a lawsuit for sudden stops in autonomous vehicles:
- Medical bills
- Lost wages
- Pain and suffering
- Property damage
- Legal fees
- Punitive damages
Most of these damages are based on financial losses, but pain and suffering will compensate you for the emotional trauma associated with your accident. The emotional distress from a car accident can be intense and long-lasting for a victim, who may suffer from PTSD and other mental health disorders. It’s essential to recover compensation for these damages, which our attorneys can assist you with.
Do I Need to Join a Class Action Lawsuit?
No, you do not need to join a class action in order to sue Tesla for monetary compensation. This is an important question, as Tesla is no stranger to class action lawsuits. We expect another one to happen soon over the sudden braking issues currently under investigation by the NHTSA.
A class action lawsuit involves multiple plaintiffs that have all suffered the same type of injury / injuries. Joining a class action can be advantageous, since so many victims filing at once lends the case more credibility. It also gives hundreds or thousands of plaintiffs a chance to present their case at the same time, instead of waiting for separate trial dates. However, it may be in your best interest to file an injury claim on your own rather than waiting for a class action lawsuit.
Our Tesla sudden braking accident attorneys can explain the pros and cons of a class action and help you decide on the legal action that works for you. For a free consultation with one of our lawyers, please give us a call at your earliest convenience.
Average Value of a Tesla Sudden Braking Lawsuit
Every auto accident has its own set of factors, which determine the severity of one’s injuries and how those injuries affect their life. Thus, it’s impossible to give an average value for Tesla sudden braking cases in general. But there are past cases we can examine in order to give you an idea of what you could receive:
- $5 million for 6 plaintiffs who sued Tesla over various malfunctions with their Autopilot “self-driving” mode, including the feature shutting off while the car was being driven.
- $250,000 for a woman who crashed into a parking barrier when her Tesla Roadster accelerated forward on its own.
- $300,000 for a man whose car accelerated unexpectedly while in autopilot mode and crashed into his garage.
- $1.2 million for a plaintiff who rolled into a ditch. Her Tesla failed to slow down on the highway, and she was forced to veer off the road to avoid a car crash.
- $100,000 for a man who sustained neck and back injuries when the Tesla in front of him came to a sudden stop, forcing him to slam on the brakes.
What you receive from a lawsuit against Tesla will depend on the extent of your damages. But there’s no denying that Tesla has a higher degree of responsibility to ensure driver safety compared to traditional car manufacturers. Instead, they do their best to avoid liability and blame the drivers for relying too much on the car’s autonomous features. However, when a company promises “Full Self Driving” and “Automatic Emergency Braking,” they have to come through on the safety and reliability of these features. When these systems fails and cause injuries to the driver and other motorists, Tesla must bear at least some responsibility for the accident.
How Long does it Take to Settle these Cases?
A Tesla sudden braking accident case can take anywhere from a few months to a few years to settle. The range has to do with numerous factors, but the most important ones are the complexity of your accident and the extent of your injuries. All car accidents require some degree of investigation by your attorney, as well as the insurance company handling your claim. Additionally, it’s impossible to determine the amount of compensation you will need until you have reached a certain point of recovery. That alone can take several months on average. The investigation of your accident can take long as well, especially with Tesla vehicles due to their high-tech features.
If your injuries are relatively minor, there’s a good chance Tesla’s insurance company will make you an offer within the first few months. But it’s in your best interest to discuss any offer with an attorney before agreeing to it. Insurance companies generally offer as little as possible and see if they can get away with it. Victims, in the meanwhile, are anxious over mounting medical bills, lost wages, and other damages, and want their money as soon as possible. Insurance adjusters working for Tesla are aware of this and will use it against you. Our lawyers will be happy to evaluate your settlement offer and advise you on your available legal options.
One option, if you can’t agree on a settlement offer, is to file a lawsuit. At that point, it can take many months before your case is settled. You’ll have to build the strongest case possible, so your lawyer will be busy deposing witnesses, hiring experts, and gathering evidence of your accident. Essentially, you are preparing for a trial, though you will most likely settle your case before then through mediation. But the timeline from your insurance claim to sitting down with the other side in mediation can be a year of more. And if you still can’t agree on the numbers during mediation, you’ll have to go to trial. This is why we’re honest about saying that a Tesla sudden braking case can take several years.
This can be tough for injury victims to hear, but it’s important to recover adequate compensation for your losses. We’ve seen many litigants who’ve given in to the pressure and accepted payments that were too low. After a few years, maybe even a few months, they’re struggling to pay for treatments or deal with mental health issues that require long-term therapy. So when we represent a client, we’re not just fighting for their losses today. We’re fighting for what they will need long term as a result of the harm that they’ve suffered.
If you have further questions on the timeline for a Tesla auto accident case, contact our office and schedule a free consultation with the lawyers of Normandie.
Our Zero Fee Guarantee
One principle we’ve always operated by is the Zero fee guarantee, which means there are no upfront costs for any of our services. For us, an accident victim should not victimized again by having to choose between financial hardship and legal representation. You deserve an experienced attorney to fight for you, and you shouldn’t have to pay for it when another party is responsible for your injuries. The only way we recover our legal fees is if we win your case. If we fail to bring you the compensation you deserve, we eat the costs and you walk away with no loss to your finances.
The Zero fee guarantee is also there for you if you’re coming to us from another law firm. Maybe you’ve gone to an attorney as a sudden braking injury victim and were told that you have no case. Or maybe you’re not happy with the level of service you’re getting from your current lawyer. If so, then please come in and see us for a free second opinion. We’d be happy to answer your questions and inform you on our methods for recovering your losses. If you’d like to switch over to us, we’ll do all the work of transferring your case to our firm.
Please don’t hesitate to give us a call. We look forward to seeing you during a free consultation or free second opinion.