Pregnant mom hit by toddler driving Model X sues Tesla

Mallory Harcourt parked her new Tesla Model X in her driveway on Dec. 27, 2018. She was heavily pregnant (eight months) and planned to unpack groceries, change the diaper on her toddler and then go back to the SUV. Harcourt shut off the Tesla, but the “Falcon wing doors” remained open as she and her toddler headed into the garage and up the stairs. The young child ran back to the Model X, climbed into the driver’s side and managed to accelerate the vehicle into Harcourt, lifting and pinning her against the garage wall.

A neighbor heard Harcourt’s screams for help and reversed the vehicle. She suffered multiple injuries, including a broken leg and pelvic fractures and had to deliver the baby prematurely with a broken pelvis. Having bought the Tesla Model X just four days before the accident, the Harcourt family attempted to return the SUV, but Tesla allegedly refused, standing by the integrity of the Model X technology.

Lawsuit claims ‘defective design,’ negligence

Harcourt et al. v. Tesla, Inc. is slated to begin on April 8 in Santa Clara, California. The civil case was filed by attorneys representing B.H., Harcourt’s two-year-old toddler, who suffered emotional trauma from the incident. The premature infant is also named.

The lawsuit alleges Tesla committed consumer fraud by advertising the Model X’s technology as safe, with the Harcourts reporting they were told the vehicle was “the safest SUV on the market and perfect for your young and growing family.” The lawsuit also claims negligence because Tesla allegedly knew the Model X had a “defective design” flaw.

“All Tesla vehicles, including the 2019 Model X, which is the subject of this lawsuit, utilize a ‘drive-by-wire’ accelerator pedal and motor control system,” Harcourt’s attorneys wrote. “The driver causes the vehicle to turn on by depressing the brake pedal, then move from park into drive or reverse by pressing the lever on the right of the steering column. There is no on-off switch, or key ignition for the vehicle. All Tesla vehicles, including the Model X, lack a properly designed system, leading to what is sometimes called ‘unintended’ or ‘un-commanded’ acceleration.”

‘Toddler unattended’

Through data retrieved from Harcourt’s Model X, Tesla attorneys claim the toddler pressed both pedals and pulled the SUV into the “drive” position. By pressing the brake pedal and pulling the gear selector, B.H. shifted the SUV from “park” to “drive,” and then continued pushing both pedals. Tesla claims Harcourt is at fault for the toddler propelling the Model X forward into the garage, stating the toddler was “unattended.”

“The facts show that B.H. was able to start the Model X because Mallory left B.H. unattended, left two doors open — including the driver’s door — with the key fob in the vehicle, failed to read the owners’ manual or otherwise educate herself on the available Model X features, and failed to enable Tesla’s unique PIN to Drive feature,” Tesla’s attorneys wrote.

Tesla attorneys also claim the advanced driver assistance features in the Model X may have saved Harcourt’s life by slowing the vehicle, cutting motor torque, and shifting back into “park” when the toddler released the accelerator pedal.

NHTSA investigates Tesla

The National Highway Traffic Safety Administration (NHTSA) investigated Tesla in 2023. The results revealed 736 crashes and 17 deaths in accidents involving Tesla models since 2019, 11 of which occurred after May 2022. Their findings show the pitfalls of semi-autonomous driving, especially the Tesla Autopilot feature. The NHTSA investigation found an increase in injuries and deaths since Tesla expanded its Full Self-Driving technology. Four of the 17 deaths linked to Tesla crashes involved motorcycles, and another included an emergency vehicle, according to a Washington Post analysis of the results.

This was not the first NHTSA probe into Tesla crashes. In 2021, the organization investigated issues with Tesla models in autopilot crashing into emergency vehicles, and in 2023, Tesla recalled over two million cars because of its autosteer features, including 2016-2023 models of the Model X.

Insurance implications

Lawsuits such as Harcourt et al. v. Tesla, Inc. pose an interesting question for insurers in personal auto and commercial auto lines. If the jury awards Harcourt a high-dollar settlement, the judgment could open Tesla and other auto manufacturers up to liability in other crashes. Tesla models continue to be best-selling vehicles, and with more semi-autonomous cars on the road, more policyholders could have similar claims in the future.

Related:

• Jury finds Tesla 1% negligent in high-speed fatal crash
• Semi-autonomous vehicles are creating an injury litigation risk for insurers
• Elon Musk provides Tesla’s directors and officers liability insurance