driving theory case study

In Your Theory Test Exam You Will Be Asked 5 Case Studies Question, Practice Online Case Study Questions and Answers For Free. Let’s start case study a questions.

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Case Study A

You plan to visit a friend who lives in a town a full day’s drive away.

Two weeks before your journey, you realise that your vehicle excise license (road tax) will expire while you’re away.

At the beginning of the journey, you reach a roundabout. Another car cuts in front of you, causing you to do an emergency stop.

Later, you join the motorway, where a red X is flashing above the outside lane.

While travelling along the motorway, you start to feel tired and stop at a service station.

It’s just after 11 pm when you park outside your friend’s house.  

Why must you avoid using your horn when parked outside your friend's house?

What should you do at the roundabout, what must you do on the motorway, what should you do two weeks before you leave, what should you do at the service station.

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Theory Test Case Study

A case study represents a driving scenario. You will need to read the case study and then answer five questions based on it.

A case study represents a driving scenario. You will need to read the case study and then answer five questions based on it. The questions test whether you have truly understood and can apply the driving theory knowledge in a practical and typical driving situation.

Case Study Example

You are going to visit your cousin who lives in the next town. You have a road atlas in your car although you have been before and know the route really well. You also have your mobile phone and have promised to call your cousin if you get delayed. On the way you find that a country lane you usually travel on is flooded and decide to turn back.

Qu.1 You are on a country lane and see that it is flooded ahead. How can you judge the depth of water? Choose one answer.

A. park at the roadside and wait for another vehicle to drive through

B. drive through slowly and keep checking through the side window

C. look for a depth gauge at then roadside

D. get out of your vehicle and wade in

Correct answer: C

Qu.2 You find that you can't judge the depth of the water so you decide to turn around. The road is quite narrow. The best method of turning would be: Choose one answer.

A. to give a signal and make a quick U-turn

B. turn around in the road using forward and reverse gears

C. reverse back down the country lane until you find a farm entrance to turn into

D. drive slowly forward to a wider section of road to turn around in.

Correct answer: B

Qu.3 You have turned around on the narrow country lane because you can't follow your usual route. The best thing to do to find a new route would be to: Choose one answer.

A. call you cousin to ask for directions as you drive back towards the main road

B. drive on slowly whilst checking your road atlas

C. find a safe place to pull in and consult your road atlas

D. wait until you are back on the main road before calling your cousin for help

Qu.4 On the way back to the main road you are delayed by a slow-moving farm vehicle ahead. You are worried about being late and should: Choose one answer.

A. sound your horn so the driver of the farm vehicle will get out of your way

B. follow the farm vehicle closely so you can overtake at the earliest opportunity

C. pull out to overtake even though the road is very narrow

D. keep well back from the farm vehicle so you can see well ahead

Correct answer: D

Qu.5 You decide to let your cousin know that you will be late. You should: Choose one answer.

A. find a safe place to pull in and make a call on your mobile phone

B. rely on your hands-free kit to keep you safe whilst you make a call

C. stop and get out of your car to make the call

D. drive slowly and send a text message to your cousin

Correct answer: A

The image below shows you how the question will appear when you actually take the theory test.

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Theory Test Case Studies

The case studies section of the UK driving theory test is designed to assess your ability to apply your knowledge of road rules and safe driving practices in real-world scenarios.

You will be given one case study with five multiple-choice questions. The case study section is meant to test your understanding of driving theory and how you would apply it in practical situations. The scenario will be based on a real-life situation that you could face, such as dealing with adverse weather conditions, managing road rage, or responding to emergency situations.

It is important to prepare thoroughly for the case studies section of the driving theory test by studying the Highway Code and practicing with mock tests. This will help you to feel confident and prepared when taking the test, and increase your chances of passing first time.

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Driving Theory Practice Test

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How to Study for Your Driving Theory Test

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Driving theory test revision question lists.

• 1 Driving Theory Practice Test
• 2.1 Find out how it works
• 2.2 Read the Highway Code
• 2.3 Read our Revision Notes
• 2.4 Take our Mock Theory Tests
• 2.5 Review Theory Test Question Lists
• 2.6 Hazard Perception Practice
• 3.1 Ready to enrol?
• 4 Driving Theory Test Revision Question Lists
• 5 About the Driving Theory Test
• 6.1 Multiple Choice Questions
• 6.2 Case Studies
• 6.3 Test Features
• 6.4 Hazard Perception Test
• 6.5 The Result
• 7.1 Booking Your Theory Test
• 7.2 Cancelling The Test
• 7.3 Languages Other Than English
• 7.4 Special Needs Arrangements
• 7.5 Taking the Theory Test

About the Driving Theory Test

In the UK, new drivers are obliged by law to take and pass the driving theory test before being allowed to sit the practical driving test. You can take driving lessons before passing your theory test, although you won’t be able book your practical test until you have a valid theory test certificate in your possession.

It is a good idea to prepare for your driving theory test as you gain experience behind the wheel. This will enable you to develop skills for your practical test whilst building on your theoretical knowledge. If you wish to pass both tests at the first time of asking, a sound understanding of driving is required.

The driving theory test is made up of two different sections, both of which have to be completed on the same day. The first part consists of 50 multiple-choice questions and the second is a video-based hazard perception test . You must pass both parts in order to pass the theory test. If you are unsuccessful, you will have to resit the test on another occasion.

Both tests are computer-based and must be carried out at a theory test centre. More information on both of these tests is outlined below.

The Examination Process

Multiple choice questions.

The first part of the driving theory test consists of 50 multiple choice questions, five of which are based on case studies. Each question has four options to choose from, with only one of those being correct. You must select your answer by using the mouse to click your chosen option.

Before starting the driving theory test, you are given the opportunity to take a practice session lasting for approximately 15 minutes. This will help you get used to the navigation system and the format of the questions. Staff at the theory test centre will be on hand to offer assistance and advice if you have any problems.

The multiple-choice section is a timed test, with a limit of 57 minutes to answer all the questions. Each question appears on the screen one at a time, and you are allowed to return to any of the questions to check or change your answers. You need to score 43 out of 50 to pass the test .

The questions are knowledge-based and are randomly chosen from a bank of approximately 900 questions spanning 14 categories, covering all aspects of driving. These categories are:

• Hazard Awareness
• Incidents, Accidents and Emergencies
• Motorway Rules
• Other Types of Vehicle
• Road and Traffic Signs
• Rules of the Road
• Safety and Your Vehicle
• Safety Margins
• Vehicle Handling
• Vehicle Loading
• Vulnerable Road Users

See below for a basic screenshot of the layout that you will be presented with during the test:

In this particular example of a visual question, you need to click the image that you think is correct. Written questions will have four options, and you need to click the box next to the answer you think is right. If you change your mind, click the image or box again and choose another response.

Although you have a time limit for the multiple-choice test, you should read the questions carefully before selecting your answer. You should be aware that some questions may take longer to answer than others, but rest assured there are no ‘trick’ questions. If you try to navigate to the next question without having selected an answer, you will be notified before you can proceed.

The time remaining will be displayed on the screen, and you will be alerted when you have five minutes left until the end of the test. If you have special needs, extra time may be allowed, but you must notify the DVSA in advance.

Some questions may include a diagram or photograph; ensure you study the related question carefully if this is the case. Before looking at the available options, it may be a good idea to think of possible answers and, of course, if any of the available options match your original thought, you can select the answer with confidence.

Case Studies

Five of the 50 multiple-choice questions will be based on a case study. These questions will appear at the very end of the multiple-choice section of the driving theory test.

The case study is designed to test your ability to apply your theoretical knowledge and understanding of driving to a real-life situation.

This is done by creating a set of circumstances or a scenario that you may encounter while driving, followed by some questions relating to the incident, which assesses how you would react in each situation.

The sample case study below demonstrates how the case study questions may appear in your live test, so you’ll know what to expect.

As you can see, the case study question is displayed on the left-hand side of the screen and the multiple-choice question is displayed on the right-hand side.

Test Features

A useful feature of the driving theory test is the option to flag any question that you are unsure of. This allows you to return to the question at a later stage, time permitting, and change your answer if necessary.

If you get to the end of the test before the time is up, you can use the Review option to check your answers. The illustration below shows what information will be displayed on the review screen, including how many questions you have answered and if you have flagged any questions for further consideration. If you are confident of your answers, you can finish the session before the time is up by pressing the End button.

Hazard Perception Test

After you have finished the multiple choice questions, there’s an optional break of up to three minutes before you begin the hazard perception section of the theory test, during which you can’t leave your seat. This part of the test involves watching a series of computer-generated image (CGI) video clips, during which you will be expected to identify a developing hazard. You can read more about the Hazard Perception Test here .

Upon completion of the driving theory test, you will be directed to leave the room where you can expect to receive your result within 10 minutes. You will be given a score for each section of the test (the multiple choice part and the hazard perception part) and a list of the categories where you may have answered a question incorrectly. Unfortunately, you won’t be informed of which questions you answered incorrectly, only the category that they relate to. If you fail either of the sections, you will have to retake the test on another occasion. Please note that the questions will be different next time you take your test.

Once you have passed your theory test, you will be given a certificate that you will need to present when taking your practical test, so keep this safe. The document is only valid for two years from the date of your driving theory test, so you must take your practical test within this timeframe. If you do not, you will have to take and pass both sections of the theory test again before being allowed to book your practical.

Further Information

Booking your theory test.

You can book your theory test online or by telephone.

Online – To book online, go to www.gov.uk/book-theory-test and register your details. You will need:

• your DVLA or DVA driving licence number
• a credit or debit card to pay the fee
• an e-mail address to receive your booking confirmation

If you are in Northern Ireland, click here to book the test.

Once you have booked your test, you will receive an appointment e-mail on the same day confirming the date of your test and a booking reference number.

Telephone – To book by phone, you need to call 0300 200 1122 (0845 600 6700 for Northern Ireland), or if you’re a Welsh speaker, call 0300 200 1133. Phone lines are open Monday to Friday, 8am to 4pm.

If you have speech or hearing difficulties and use a minicom machine, call 0300 200 1166.

If you book over the telephone and do not have an email address, you will receive an appointment letter within ten days.

Cancelling The Test

If you need to cancel or postpone your driving theory test, you can do this online by visiting www.gov.uk/cancel-theory-test , or by contacting the DVSA by phone on 0300 200 1122 . This must be carried out at least three working days before the date of your test or you risk losing your fee. Sundays and public holidays aren’t regarded as working days.

Short-notice cancellation is only permitted in the following circumstances:

• If you are ill or injured and have a medical certificate to support this
• If you have been affected by a bereavement
• If you are sitting school examinations.

Under these circumstances, you can rebook your test at no extra cost; refunds are not allowed.

Languages Other Than English

All UK driving theory test candidates must take their test in English or Welsh; voiceovers are not permitted in any other language. You’re not allowed to bring a translator with you under any circumstance.

In Wales and at theory test centres located on the Welsh borders, you can take your theory test with Welsh text on-screen. A voiceover can also be provided in Welsh on request.

Special Needs Arrangements

When you book your test, you must notify the DVSA if you have reading difficulties, a health condition or a disability. Every effort will be made to accommodate all candidates.

Reading difficulties: If you have reading difficulties or dyslexia, there is an English-language voiceover available on a headset to help you. If necessary, you can ask for up to twice the standard time limit to complete the multiple-choice questions section of the test.

You will be asked to confirm your difficulties by providing a letter from a suitable independent person who knows about your reading ability. This could be a teacher or employer. Advice can be obtained from the DVSA theory test enquiry line on 0300 200 1122.

Hearing difficulties: If you are deaf or have other hearing difficulties, the multiple-choice questions can be delivered in British Sign Language (BSL). An on-screen signer can also provide the introduction to the hazard perception test.

If requested at the time of booking, a BSL interpreter, lip speaker or signer can be provided. If you have any other difficulties or requirements, please call the theory test enquiry line for further guidance.

Physical disabilities: If you have a physical disability that would make it difficult for you to use a touch-screen system or a mouse button during the driving theory test, you need to advise the DVSA at the time of booking, as they may be able to make special arrangements for you to use a different method for completing your test.

Click here for more information about taking the driving theory test with a disability or health condition.

Taking the Theory Test

You will need to bring your photocard driving license with you to the theory test.

If your license is from Northern Ireland, you will have to bring your paper counterpart in addition to your photocard driving license. If you have an old-style paper driving licence, you must also bring a valid passport.

If you have lost your license, you must apply for a replacement , which could take up to 15 days to arrive. You may need to change the date of your theory test appointment if it doesn’t arrive in time.

Ensure you arrive at the test centre with time to spare as you may not be permitted to take your driving theory test if you arrive after the session has started.

Once you’re at the centre, the staff will check and your license and make sure you are taking the correct category of theory test.

Please note that you cannot take any personal items into the test room and will be expected to store mobile phones, watches, headphones and bags in a locker. There have been many instances of cheating at theory test centres in the past, so you may be asked by a member of staff if you’re carrying anything you shouldn’t be.

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Theory test changes: 28 September 2020

From 28 September 2020, the car theory test will include 3 multiple-choice questions based on a short video you'll watch.

The way the theory test works in England, Scotland and Wales will change from 28 September 2020.

The same changes will apply in Northern Ireland .

The change will make the theory test more accessible, especially to people with a:

• reading difficulty (like dyslexia)
• learning disability
• developmental condition (like autism)

The change only applies to car theory tests to begin with.

This change was due to happen on 14 April 2020 but was postponed due to coronavirus.

How the theory test is changing to use video clips instead of written case studies

Currently, you have to read a case study and then answer 5 questions about it.

This tests your knowledge and understanding of road rules.

This will change if you take your test from 28 September 2020. You’ll watch one video clip instead of reading a case study, and answer 3 questions about it.

How using a video clip will work

You’ll watch a short, silent, video clip and answer 3 multiple-choice questions about it.

You can watch the video clip as many times as you like during the multiple-choice part of the theory test.

Example You can watch the video, answer a question, and then watch the video again before you answer the next question.

What the video clip will look like

The video clip will show a situation, such as driving through a town centre, or driving on a country road.

Car theory test video clips from 28 September 2020: example clip

The type of questions you’ll answer about the video clip

You’ll answer questions like these:

• Why are motorcyclists considered vulnerable road users?
• Why should the driver, on the side road, look out for motorcyclists at junctions?
• In this clip, who can cross the chevrons to overtake other vehicles, when it’s safe to do so?

For each of the 3 questions, you’ll have to choose the correct answer from 4 possible answers.

What the screen will look like

The left-hand side of the screen will show the video clip, with controls to:

• play the video
• pause the video
• move to a specific part of the video on a progress bar
• watch the video using the full screen

The right-hand side of the screen will show the question and 4 possible answers.

Who this change will affect

All car theory tests will use video clips from 28 September 2020.

This includes if:

• you fail a test before then and retake if from 28 September 2020
• your test is cancelled or moved for any reason, and your new test date is from 28 September 2020

What’s not changing

You’ll still need to study the same books and software to prepare for your theory test.

You’ll still need to:

• answer 50 multiple-choice questions within 57 minutes
• get 43 out of the 50 questions right to pass the multiple-choice part of the test

The hazard perception part of the test is not changing. This is where you watch video clips to spot developing hazards.

Tests that are not changing

The change does not yet apply to these types of theory tests:

• bus or coach
• approved driving instructor (ADI) part 1

Other support for people with a reading difficulty, disability or health condition

You can have reasonable adjustments made to your theory test if you have a:

• reading difficulty
• health condition

These include:

• extra time to take the test
• someone to read what’s on the screen and record your answers
• someone to reword the questions for you

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Module 1a Theory Test

Module 1b hazard perception, module 2 case studies, d4 medicals.

Crown Copyright material reproduced under licence from the Driver and Vehicle Standards Agency which does not accept any responsibility for the accuracy of the reproduction.

LGV Module 1a Multiple-choice theory and Module 1b Hazard Perception Tests

LGV multiple-choice test and hazard perception test are two separate tests that you will need to complete before you’re able to start your practical training.

To pass the  module 1a multiple-choice theory,  you will need to score a minimum of 85%. There are 100 questions in total, and you’ll have 1 hour and 55 minutes to complete the test.

The minimum pass mark for the  module 1b hazard perception  test is 67 out of 100. In this examination, you must click when you see a hazard developing.

Both tests are undertaken at a test centre, and it’s possible to book them both on the same day.

You will be given a letter immediately after completing the tests indicating whether you passed or failed.

EVERYTHING YOU NEED TO PASS

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CPC Module 2 Case Studies Test

You need a driver CPC qualification. For this, you’ll need to take the module 2 case studies test.

The test can be taken in a test centre simultaneously with the multiple-choice theory and hazard perception. You can take the test before you’ve passed your practical driving test.

The exam is made up of several case studies that give scenarios you may encounter during your working day as an lorry driver. Each case study has between 5-10 questions; to pass, you will need a minimum score of 40 out of 50.

You will be given 1 hour and 30 minutes to complete the questions.

This, along with the module 4 practical demonstration test which your training school will assist you with, will complete your driver CPC and be valid for five years.

140 case study scenarios

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Theory Test Case Study

Part of the multiple choice section of the DVSA theory test is presented as a case study. Case studies are also part of this mock theory test designed to replicate the real test.

A case study is a scenario involving a set of circumstances that are based around events that might happen in real life. You will be asked some questions based on these circumstances.

As you move through the case study, you will be presented with multiple choice questions but the same scenario also presented on screen. Questions may also be accompanied by a picture.  If you wish, you can leave a question and come back to it later, just like the real theory test.

Below is an example of what you can expect in the case study part of the theory test.

Case Study Questions

Below are two case study scenario and question examples from the mock theory test.

Related information

• Mock theory test

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PCV Driver CPC Module 2 Case Studies

Free Practice Case Study

If you’re aiming to qualify as a professional Bus driver and drive a bus or coach for a living, you’ll need a full PCV Driver CPC qualification.  The material and practice case studies in this course will give the knowledge  required to pass the PCV (bus) module 2 case studies test.

Attempt a practice case study and get a feel for our unique learning material before purchase.

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Lawsuits test Tesla claim that drivers are solely responsible for crashes

Multiple civil cases — and a federal investigation — contend that Tesla’s technology invites ‘drivers to overly trust the automation’

SAN FRANCISCO — As CEO Elon Musk stakes the future of Tesla on autonomous driving, lawyers from California to Florida are picking apart the company’s most common driver assistance technology in painstaking detail, arguing that Autopilot is not safe for widespread use by the public.

At least eight lawsuits headed to trial in the coming year — including two that haven’t been previously reported — involve fatal or otherwise serious crashes that occurred while the driver was allegedly relying on Autopilot. The complaints argue that Tesla exaggerated the capabilities of the feature, which controls steering, speed and other actions typically left to the driver. As a result, the lawsuits claim, the company created a false sense of complacency that led the drivers to tragedy.

Evidence emerging in the cases — including dash-cam video obtained by The Washington Post — offers sometimes-shocking details: In Phoenix, a woman allegedly relying on Autopilot plows into a disabled car and is then struck and killed by another vehicle after exiting her Tesla. In Tennessee, an intoxicated man allegedly using Autopilot drives down the wrong side of the road for several minutes before barreling into an oncoming car, killing the 20-year-old inside.

Tesla maintains that it is not liable for the crashes because the driver is ultimately in control of the vehicle. But that contention is coming under increasing pressure, including from federal regulators. Late Thursday, the National Highway Traffic Safety Administration (NHTSA) launched a new review of Autopilot, signaling concern that a December recall failed to significantly improve misuse of the technology and that drivers are misled into thinking the “automation has greater capabilities than it does.”

Meanwhile, in a twist, Tesla this month settled a high-profile case in Northern California that claimed Autopilot played a role in the fatal crash of an Apple engineer, Walter Huang. The company’s decision to settle with Huang’s family — along with a ruling from a Florida judge concluding that Tesla had “knowledge” that its technology was “flawed” under certain conditions — is giving fresh momentum to cases once seen as long shots, legal experts said.

“A reckoning is coming as more and more of these cases are going to see the light of a jury trial,” said Brett Schreiber, a lawyer with Singleton Schreiber who is representing the family of Jovani Maldonado, 15, who was killed in Northern California when a Tesla in Autopilot rear-ended his family’s pickup truck in 2019.

Tesla did not respond to multiple requests for comment on the lawsuits.

The outcomes of the cases could be critical for the company. Tesla’s stock has lost more than a third of its value since the beginning of the year. Last week, the company reported a steeper-than-expected 55 percent plunge in first-quarter profit as it struggles with falling sales of electric vehicles and stiff competition from China. To allay investors’ concerns, Musk has made lofty promises about launching a fully autonomous “robotaxi” in August. Soon, he said during Tuesday’s earnings call, driving a car will be like riding an elevator: You get on and get out at your destination.

“We should be thought of as an AI or robotics company,” Musk told investors. “If somebody doesn’t believe Tesla is going to solve autonomy, I think they should not be an investor in the company. But we will.”

Meanwhile, the company has defended itself in court documents by arguing that its user manuals and on-screen warnings make “extremely clear” that drivers must be fully in control while using Autopilot. Many of the upcoming court cases involve driver distraction or impairment.

Autopilot “is not a self-driving technology and does not replace the driver,” Tesla said in response to a 2020 case filed in Florida. “The driver can and must still brake, accelerate and steer just as if the system is not engaged.”

But the Huang case also potentially involved a distracted driver: Huang was allegedly playing a video game when his Tesla plowed into a highway barrier in 2018. Tesla has not said why it decided to settle the lawsuit, and details of the settlement have not been disclosed in court documents.

More fatal crash details emerge

Meanwhile, federal regulators appear increasingly sympathetic to claims that Tesla oversells its technology and misleads drivers. Even the decision to call the software Autopilot “elicits the idea of drivers not being in control” and invites “drivers to overly trust the automation,” NHTSA said Thursday, revealing that a two-year investigation into Autopilot had identified 467 crashes linked to the technology, 13 of them fatal.

NHTSA did not offer specific information about those crashes. But two fatal crashes from 2022 are detailed in lawsuits that have not been previously reported.

In Phoenix, Iwanda Mitchell, 49, was driving a Tesla in May 2022 when she struck a Toyota Camry that had stalled on the highway, according to court documents and dash-cam footage obtained by The Post. According to the Mitchell family’s lawyer, Jonathan Michaels with MLG Attorneys at Law, Autopilot and the car’s other features — including forward collision warning and automatic emergency braking — failed to result in Mitchell’s Tesla taking evasive action and prevent the vehicle from barreling into the stalled sedan.

Mitchell was then struck and killed by an oncoming vehicle when she got out of her car.

Tesla did not respond to a request for comment regarding this case. In response to the complaint in January 2024, Tesla said it denies the allegation and “has not yet had an opportunity to inspect” Mitchell’s vehicle.

About a month later in Sumner County, Tenn., Jose Roman Jaramillo Cortez drank two beers and three tequila shots after his shift at a local restaurant, and then hopped into his Tesla Model 3, court documents say. He plugged his address into the Tesla’s GPS and flicked on Autopilot, it said.

According to the lawsuit filed in June 2023 and dash-cam footage obtained by The Post, the car then pulled onto the wrong side of the road. After driving south in a northbound lane for several minutes, the Tesla rammed into a car driven by Christian Malone, 20, who died from the impact. In its response to the complaint, Tesla said “the crash was caused by the negligence and/or recklessness of the driver.”

Trial dates for both cases will be set later next year, Michaels said.

In another case — set for trial in November in Key Largo, Fla. — a Tesla in Autopilot allegedly failed to detect an approaching T-intersection while its driver searched for a dropped phone. The Tesla barreled through flashing lights and a physical barricade before crashing into a vehicle parked on the side of the road, killing a woman and seriously injuring a man.

In court documents, Tesla has argued that the driver was ultimately responsible for the trajectory of the car. Tesla also states in user manuals that Autopilot may not operate as intended “when unable to accurately determine lane markings” or when “bright light is interfering with the camera’s view.”

When these cases head to trial, juries may be asked to consider whether Tesla’s many driver warnings are sufficient to spare the company from liability. Ross Gerber, CEO of Gerber Kawasaki Wealth and Investment Management, said the last thing the company needs is a highly publicized courtroom battle that focuses attention on such questions.

At a trial, “the defense would dig into the weeds … and it would become very clear that the perception of the Autopilot software was very different from the reality,” Gerber said. “Every day would be a headline, and it would be embarrassing.”

So far, Tesla has faced a jury only once over the role Autopilot may have played in a fatal crash. In Riverside, Calif., last year, a jury heard the case of Micah Lee, 37, who was allegedly using Autopilot when his Tesla Model 3 suddenly veered off the highway at 65 mph, crashed into a palm tree and burst into flames. Lee died of his injuries, while his fiancée and her son were severely injured.

Because of the extensive damage to the car, Tesla said it could not be proved that Autopilot was engaged at the time of the crash. During the trial, Michael Carey, the attorney for Tesla, argued the technology was not at fault, and that the crash “is classic human error.” According to a toxicology report taken after the crash, Lee had alcohol in his system but it was within the legal limit in California.

“This case is not about Autopilot. Autopilot didn’t cause the crash,” Carey said during opening statements. “This is a bad crash with bad injuries and may have resulted from bad mistakes — but you can’t blame the car company when that happens. This is a good car with a good design.”

Ultimately, Tesla’s arguments prevailed, and a jury found the company not liable.

But the company appears to face headwinds in some other cases. Last year, Florida Circuit Judge Reid Scott upheld a plaintiff’s request to seek punitive damages in a case concerning a fatal crash in Delray Beach, Fla., in 2019 when Jeremy Banner and his Tesla in Autopilot failed to register a semi truck crossing its path. The car plowed under the truck at full speed, killing Banner on impact.

In the ruling, Scott said the family’s lawyers “sufficiently” presented evidence to reasonably seek punitive damages at trial, which could run millions of dollars.

The plaintiffs’ evidence included that Tesla “knew the vehicle at issue had a defective Autopilot system,” according to the order. Citing other fatal crashes involving Autopilot, Scott wrote that there is a “genuine” dispute over whether Tesla “created a foreseeable zone of risk that posed a general threat of harm to others.”

Tesla’s appeal of the ruling is pending.

Change in defense strategy?

As the spate of lawsuits churns forward, Tesla has shown a fresh willingness to settle such cases — despite Musk’s vow on Twitter in 2022 to never settle “an unjust case against us even if we will probably lose.”

In addition to settling the Huang case, Tesla “indicated” that it was open to discussing a potential settlement in the Riverside case as it was being presented to a jury last fall, said Michaels, the MLG lawyer who represented Lee’s family.

The month-long trial featured testimony from an accident reconstructionist, a top engineer at Tesla and a paramedic who responded to the crash and said it was among the most horrific accidents he had ever seen. Michaels said he declined to engage in settlement talks because he wanted to continue to “make this a really public issue.” He said he also “did not have confidence in our ability to come to an agreeable amount.”

Tesla and its lawyer in the case, Carey, did not respond to a request for comment.

After four days of deliberations, the jury decided the case in Tesla’s favor.

Though he lost, Michaels said the trial attracted media attention and gave other lawyers with cases against Tesla insight into the company’s defense strategy. Plus, he said, his law firm’s phone has since been blowing up with potential clients.

“We walked away from guaranteed money,” Michaels said, “but that wasn’t what it was about.”

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Are you ready for the new style theory test.

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