Former Tesla (NASDAQ: TSLA) software engineer Akshay Phatak told a Miami federal jury that the carmaker kept no crash-rate records for its Autopilot system before March 2018, despite publicly releasing safety statistics over that period.
“No,” Phatak replied when asked whether Tesla tracked crashes per vehicle-mile with Autopilot engaged.
Phatak’s videotaped deposition, unsealed over Tesla’s objections, underpins a wrongful death suit blaming inflated safety claims for a 2019 crash that killed 22-year-old Naibel Benavides Leon on Card Sound Road in Key Largo.
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The victims’ family pursued claims against both Tesla and the driver, George McGee, ultimately reaching a settlement with McGee, who had accepted a careless driving charge in October 2019 and was ordered to complete 16 hours of traffic school.
Plaintiffs argue CEO Elon Musk’s public promotion of “full self-driving” misled drivers into over-reliance on an unfinished system and ignored US safety board recommendations to limit use and improve driver monitoring.
Tesla counters that the case stems from reckless human behavior. Its lawyers say McGee had his foot on the accelerator and sped to 61 mph after overriding cruise control set at 45 mph, crashing into a parked Chevrolet Tahoe.
Statistical expert Dr. Mendel Singer testified that Tesla’s 2019 Vehicle Safety Report was unverifiable because the company withheld raw data.
“I’m not aware of any independent reports where they actually had raw data,” he told jurors, adding that a 2023 revision raised the crash rate for manual driving by roughly 50% while leaving Autopilot figures untouched—an inconsistency he called “puzzling.”
During cross-examination, Tesla attorney Joel Smith pressed Singer on his credentials, noting he “has not written peer-reviewed articles on automotive risk and does not specialize in this industry.” Singer replied that the statistical techniques he used “mirror the qualitative methods” he applies in healthcare analysis, insisting that the company’s unexplained mileage adjustment still “makes no sense.”
Information for this story was found via Law360 and the sources mentioned. The author has no securities or affiliations related to the organizations discussed. Not a recommendation to buy or sell. Always do additional research and consult a professional before purchasing a security. The author holds no licenses.
