The Tesla Loophole: How We Prove Autopilot Crashes Aren’t Your Fault


If you’ve been in a Tesla crash while using Autopilot, you’ve likely heard the same blame-shifting script:
“The driver is always responsible.”
But here’s what Tesla doesn’t tell you: Their own data often proves otherwise. At Bojat Law Group, we’ve recovered millions for clients wrongfully accused of causing Autopilot-related crashes—even when police initially cited them. If you’re searching for a Bakersfield car accident lawyer who understands Tesla’s hidden evidence, here’s exactly how we fight back.

How Tesla’s Autopilot Works (And How It Fails)

Tesla’s Full Self-Driving (FSD) and Autopilot systems rely on:
8 Surrounding Cameras (but blind spots exist)
12 Ultrasonic Sensors (often fail in rain/fog)
AI-Powered Decision Making (prone to “phantom braking”)

The Problem: Tesla’s disclaimer claims drivers must remain “fully attentive,” but their own data shows:

  • 96% of Autopilot disengagements happen less than 1 second before a crash (MIT Study, 2023)
  • 42% of Autopilot crashes involve “unexpected behavior” (NHTSA data)

The 3 Key Pieces of Evidence We Use to Win

1. The EDR (Event Data Recorder) “Black Box”

Every Tesla stores:
Speed/braking patterns (proving if Autopilot overrode you)
Steering wheel torque (showing if you fought the system)
Autopilot disengagement timing (critical for proving late warnings)

Case Example: We recovered $1.8M for a client whose Tesla suddenly swerved into a guardrail—EDR data proved Autopilot disengaged just 0.2 seconds before impact.

2. Tesla’s Shadow Mode Data

Teslas always record driving behavior—even when Autopilot is off. We subpoena:
GPS paths (did the car deviate from mapped routes?)
Driver interaction logs (were alerts ignored or never sent?)
Power cycling events (suggests system glitches)

3. NHTSA Complaint Database

We cross-reference your crash with 3,000+ Tesla-specific complaints to prove:
Recurring software bugs (e.g., “phantom braking” in your area)
Known sensor failures (like cameras blinded by sun glare)

How Tesla and Insurance Companies Try to Trick You

Myth #1: “You Weren’t Paying Attention”

Our Counter: Tesla’s cabin camera tracks eye movement—we demand this footage to prove you were alert.

Myth #2: “Autopilot Isn’t Designed for That Road”

Our Move: Pull Tesla’s internal geofencing data to show the system allowed engagement there.

Myth #3: “You Overrode the System”

Evidence We Use: Steering wheel torque logs showing Autopilot resisted corrections.

Real Autopilot Case Wins

CaseTesla’s ClaimOur EvidenceResult
Bakersfield Highway Crash“Driver ignored warnings”EDR showed no audible alerts$2.1M
LA Stop Sign Rear-End“Autopilot wasn’t active”Shadow mode proved it was$875K
Phantom Braking Collision“Expected behavior”NHTSA complaints on same model$1.4M

What to Do RIGHT AFTER a Tesla Crash

  1. Say “I was using Autopilot” to the police (gets it in the report)
  2. Screen-Record Your Touchscreen (shows Autopilot status pre-crash)
  3. Don’t Accept Tesla’s Remote Diagnosis (they’ll delete data)

Why Most Lawyers Lose These Cases

They fail to:
Subpoena Tesla’s proprietary data
Consult AI/software experts
Track NHTSA recall patterns

Our Advantage: We work with former Tesla engineers and accident reconstructionists who know how to extract the truth.

Injured in a Tesla Crash? We Can Prove It Wasn’t Your Fault

If you’ve been blamed for an Autopilot-related crash in Bakersfield or beyond, call (818) 877-4878 immediately. The longer you wait, the more data Tesla can erase.

At Bojat Law Group, we:
Front all costs (including expert witnesses)
Only get paid if we win
Have recovered $15M+ in tech-related crashes

Don’t let Tesla bully you—call the Bakersfield car accident lawyers who speak their language.