For decades, manufacturers have built and sold vehicles and motorcycles capable of travelling far beyond legal speed in aggressive ways that can remind you of an action movie or computer game. Thanks to Tesla, drivers can sit back and enjoy the ride while the electric vehicle violates the speed limit and zips in and out of lanes. For safe drivers sharing the road, this can be a nightmare. For people injured in related vehicle accidents, this is like Tesla waiving around handfuls of $100 bills.
Who is Mad Max?
Mad Max is a recurring character in a series of five movies spanning from 1980 to 2024. The setting is in post-apocalyptic Australia, where society has broken down, and groups engage in violent struggles to survive. Mad Max is a former police officer who usually drives a highly modified sports car, chasing others or being chased, in long action sequences featuring lots of violence and death. The series has grossed about $623 million in revenues, according to The Numbers.
What is Tesla’s Mad Max Mode?
Mad Max is an option for the company’s so-called full self-driving (FSD) mode. It’s not actually self-driving, since a driver should remain behind the wheel, be fully aware of what’s going on, and take control if the car is doing something unsafe. But given the company is telling customers it’s a “self-driving” vehicle, it’s not surprising many may not pay attention to what’s going on.
This mode allows Tesla cars to operate much more aggressively than prior versions of the company’s driver-assist software, which was supposed to scrupulously drive safely. Among the possible behaviors: accelerating past posted speed limits, weaving or changing lanes assertively, and merging with less regard for traffic flow or typical safety margins.
An X post re-posted by Tesla with the words “Mad Max” states:
“Tesla FSD V14.1.2 Mad Max mode is INSANE…FSD accelerates and weaves through traffic at an incredible pace, all while still being super smooth. It drives your car like a sports car. If you are running late, this is the mode for you.”
“Mad Max” shifts the risk with partially self-driving vehicles. Instead of trying to drive safely, with the vehicle mistakenly creating danger for those in the car and people outside it, which the driver is supposed to avoid (according to the company), the car is programmed to ignore laws and rules of the road and travel unsafely (which the company will blame on the driver’s lack of oversight).
Instead of the Tesla being programmed to drive like a middle-aged driver who fears traffic tickets will raise their insurance rates, the vehicle is programmed to drive more like an impatient 18-year-old male who’s had a couple of beers with a car full of friends to impress. You do not need to be an insurance underwriter to understand which situation is far more likely to result in an accident and injuries. The vehicle isn’t just capable of being dangerous. It dangerously drives itself.
It’s estimated that 2.9 million Teslas in the US could use the company’s Mad Max mode, thanks to software updates. What kind of testing Tesla engaged in before equipping millions of cars with Mad Max is unknown.
Are Federal Regulators Getting Involved?
Recently, the federal National Highway Traffic Safety Administration (NHTSA) opened an inquiry into Tesla’s Mad Max self-driving mode, according to Reuters. The agency states it contacted Tesla to get more information about how it works and under what conditions it can be used.
NHTSA is currently aware of 58 reports of Tesla FSD-related incidents, including 14 crashes and 23 injuries. There are reports of Teslas running red lights, crossing into intersections against the light, and causing collisions. NHTSA may see FSD as more than assisting drivers, it may dangerously replace them.
How Might Mad Max Get Tesla Into Legal Trouble?
All vehicle manufacturers face potential liability (the legal obligation to compensate others for the harm they cause) for their products. Tesla’s Mad Max mode expands their cars’ ability to harm others, and as a result, they may be more open to liability for the injuries they cause. Depending on the evidence in a case, possible issues include the following:
- If Mad Max is shown to make vehicles more likely to crash, plaintiffs may argue the car is dangerously defective. It has a design flaw that makes it unsafe even when it’s used as intended. A car using Mad Max could also be defective if its abuse is foreseeable (the driver isn’t as attentive as they should be), and that causes an accident and injuries
- Tesla’s use of software that allows or encourages dangerous, aggressive driving may be negligent. If Tesla knew (or should have known) that using Mad Max would result in unlawful traffic behavior, cause accidents and injuries, but released it to the public anyway, they could be negligent
- If Tesla markets FSD in general (or Mad Max in particular) as something safer or more advanced than it is, or failed to adequately communicate that human supervision is critical, there may be grounds to argue that Tesla misled consumers and engaged in fraud
- If the driver is aware that they must take control if the car operates unsafely and fails to do so, because they’re not paying attention, or they know the car is a hazard to others but doesn’t take corrective action, they may be negligent
All vehicle accident cases are built on evidence. Discovering why an accident happened is key to determining who is at fault and whether legal action is appropriate to obtain compensation for a person’s injuries. Time is of the essence in accident cases because, over time, evidence can be lost, witnesses may be harder to find, and memories can fade. These are important reasons why we ask you to contact us as soon as possible after your injury.
What Comes Next?
If you’re injured or a loved one is killed in a vehicle accident, get help from an experienced attorney. Call The Fleck Firm at (270) 446-7000 today to schedule a free consultation.
We can discuss your accident, your injuries, Kentucky law, and what you should do next. We will fully inform you of your rights, the challenges ahead, and the strengths of your case. Insurance companies have lawyers. You should have one, too.
