LA Tesla Driver First to receive Autopilot related Felony Charges

A Tesla driver is the first to be charged with a felony while utilizing the car-maker’s autopilot technology. A 27-year-old limo driver, Kevin George Aziz Riad, is being charged with two counts of vehicular manslaughter, after two people died when he ran a red light coming off of a freeway in Los Angeles County, California. 

The initial incident occurred December 29 of 2019, though the initial hearing will be held February 23. A joint trial is scheduled for mid-2023.

Riad has pleaded not guilty to both counts of vehicular manslaughter, according to Daily Mail Online. The limousine driver is presently free on bail, as the case is still pending. 

And experts are calling this the first set of felony charges relating to using a driver-assist system that is relatively widely available. Approximately 765,000 Tesla vehicles have the autopilot technology, controlling steering, speed, and braking. NY Post claims that, though other charges have involved automated driving systems, Riad’s are the first to be connected to Tesla’s Autopilot system.

While LA County prosecutors initially filed the charges in October 2021, they are finally coming to light this month.

In the incident, Riad hit a Honda Civic with his black Model S Tesla while he was exiting a freeway in Gardena. This was near the intersection of Artesia Boulevard and Vermont Avenue. The accident resulted in the deaths of 40-year-old Gilberto Alcazar Lopez and 39-year-old Maria Guadalupe Nieves-Lopez, both of whom died at the scene.

Additionally, both Riad and his passenger were both taken to the hospital for injury treatment, none of which were life threatening.

Tesla is continuing to warn drivers to use the technology wisely. The Verge notes that all drivers must keep their eyes on the road and hands on the wheel at all times, though Tesla has failed to include a robust driver-monitoring system to ensure customers are following all driving and safety protocols.

While the criminal charging documents do not mention Autopilot, the National Highway Traffic Safety Administration (NHTSA) has confirmed that Autopilot was in use in the car during the incident, after sending investigators to determine whether this was the case.

The Lopez and Nieves-Lopez families have sued both Riad and Tesla in separate lawsuits, alleging negligence on Riad’s part, and accusing Tesla of selling defective vehicles that accelerate suddenly and that lack effective automatic emergency braking. This is alleged in Lopez’s court documents. 

Additionally, Nieves-Lopez’s family further claims that Riad was being an unsafe driver. The limo driver apparently has a number of moving infractions on his record, and the claims suggest that he was unable to handle the Tesla’s high-performance technology.

Riad’s defense attorney has not been responding to requests for comment, and the County’s District Attorney’s Office has declined to discuss the case. Tesla has also not responded to comment requests.

It must be noted that Tesla has been updating the software since Autopilot crashes started, attempting to make abuse of the system harder for drivers. An article by Electrek has also made note of an alert that displays every time Autopilot is activated, which reminds drivers to keep hands on the steering wheel at all times in order to take control immediately, if needed.

University of South Carolina law professor, Bryant Walker Smith, studies automated vehicles. This is the first case in the United States, to his knowledge, resulting in serious criminal charges and involving partially automated driver systems. 

Smith claims that Tesla could theoretically be found culpable “criminally, civilly, or morally” if courts find that the company has put dangerous technology onto the road.

Further, the NHTSA has formally opened a probe into the program, beginning in August of last year, as noted by Engadget. This was prompted by 11 crashes that resulted in 17 deaths.

According to a memorial website, Maria Guadalupe is survived by her mother and three siblings.