By: Nicole Halavi
A November 2020 lawsuit against Tesla alleges that Tesla’s vehicles contain defects that cause sudden unintended acceleration, which has resulted in many crashes and injuries.
Plaintiffs allege Tesla manufactured the vehicles in a way that suggests that the sudden acceleration is caused by the driver pushing down on the accelerator pedal, ultimately concealing defects in the vehicle. Therefore, while the plaintiffs claim the vehicles have defects, none of them can identify exactly what those defects are because the automaker has concealed the workings of the vehicles. The lawsuit also references complaints and instances of crashes and injuries caused by the vehicles accelerating without any driver input.
Tesla continues to blame the driver for the sudden acceleration issues in these vehicles. Notably, most of the vehicles experiencing this problem are less than a year old. In its defense, the automaker argues that the vehicles can accelerate from 0 to 60 mph in less than 3 seconds and data recovered from the vehicles indicate that drivers mistakenly hit the accelerator pedal instead of the brake pedal. In response, plaintiffs allege that Tesla committed a computerized cover-up to obtain such data.
Claims Sent to Arbitration
Upon receiving a Tesla vehicle, each plaintiff signed a contract, leasing agreement, or order agreement containing an arbitration provision. The arbitration agreement contained a 30-day opt-out period and essentially stated that the customer and Tesla may only bring claims against the other in an individual capacity and not as a plaintiff or class member in any class or representative action.
Tesla brought a motion to dismiss, arguing that the claims should be sent to arbitration based on the “procedurally conscionable” agreement which includes an opt-out clause. The judge agreed that the arbitration agreement was valid and there was no element of surprise or oppression when the customers agreed to the arbitration agreement.
What Can I Do if My Tesla is Experiencing Sudden Accelerations?
If you are experiencing any of the above-mentioned issues, California’s lemon laws are here to protect you and prevent any further complications. The attorneys at CCA are very knowledgeable about the Tesla issues discussed above and will work with you to fight back against the automaker.
Please do not hesitate to call CCA today for a free consultation: (833) LEMON-FIRM.