Look it up.... he wasn't in the backseat. The steering wheel was deformed and 
the police determined someone was at the wheel

    On Tuesday, May 18, 2021, 6:13:50 PM CDT, John Lussmyer via EV 
<[email protected]> wrote:  
 
 On Tue May 18 15:42:19 PDT 2021 [email protected] said:
>But, what's really surprising and scary is that autopilot was
>responsible for 4%, and it could be higher if Tesla isn't telling the
>complete truth or interpreting the situation in some less than genuine
>manner. I don't know how to interpret that. Does it mean that the user
>was alert and was unable to override autopilot ? Or something more
>nebulous, such as the user was alert but trusted autopilot to make a
>safe lane change and it didn't.

Or that the user was being an asshole and was driving from the passenger seat - 
or back seat.
Teslas "detect driver in seat" code definitely needs some work.


--

Tigers prowl and Dragons soar in my dreams...
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