Both Tesla and the aggrieved family have also pinned blame on Caltrans for allegedly failing to maintain a safety guard, known as an attenuator barrier, at the location of the crash that could have reduced the impact of the crash. An early review by the law firm indicated that the Autopilot system installed in the Model X may have misread painted lanes on the roadway, failed to detect the concrete median and failed to brake the car, according to the post. The crash happened on a clear day with several hundred feet of visibility ahead, which means that the only way for this accident to have occurred is if Mr. Huang was not paying attention to the road, despite the car providing multiple warnings to do so. "The fundamental premise of both moral and legal liability is a broken promise, and there was none here," according to the statement issued to media outlets Wednesday. "Tesla is extremely clear that Autopilot requires the driver to be alert and have hands on the wheel. This reminder is made every single time Autopilot is engaged." The reason that other families are not on TV is because their loved ones are still alive.”

Electrek’s Take

I can’t blame the family for having this reaction or any kind of reaction after such a tragic loss, but when it comes to the lawsuit, it looks like they are destroying their own case. I think it’s important to remind everyone that as long as Tesla doesn’t claim it’s anything more than a level 2 driving system and it’s not thoroughly tested to be anything more than that, they should always stay vigilant and be ready to take control.
The family of a man killed in California when his Tesla Model X crashed with the Autopilot engaged says they intend to sue the carmaker. His wife further says he had complained of flaws in the vehicle's behaviour and predicted his death in a collision with the barrier his car ultimately hit.