KATY, Texas – The family of 76-year-old Martha Avila, killed when a Tesla crashed into their Katy-area home, has filed a wrongful death lawsuit against Tesla and the driver.
The lawsuit, filed Monday in Harris County, comes just days after the June 19 crash that killed Martha Avila and left her family without a home.
The lawsuit was filed by Avila’s daughter and son-in-law Jennifer and Justin Barbour, individually and on behalf of the estate of Martha Avila. The suit names Tesla, Inc. and driver Michael Butler as defendants.
According to the lawsuit, Butler was driving a Tesla Model 3 eastbound on Rose Hollow Lane around 8:00 p.m. when the car crashed through the front wall of the Barbour family’s home. The lawsuit claims Butler told authorities he had the vehicle on Autopilot at the time.
The lawsuit states Avila was inside the front room when the Tesla crashed into the home. Justin Barbour was also inside the home and suffered injuries to his neck, back and shoulders, according to the filing.
The lawsuit claims Tesla’s Autopilot and Full Self-Driving systems were defective and alleges the vehicle either failed to detect the end of the street and the home in its path or experienced sudden unintended acceleration.
Specifically, the family alleges the vehicle:
- Failed to detect the end of the street and the home in its path;
- Failed to adequately monitor driver engagement;
- Failed to warn consumers about the limitations of its driver-assistance systems; and
- May have experienced sudden unintended acceleration.
In addition to suing Tesla, the family also accuses the 44-year-old male driver of negligence and gross negligence.
The lawsuit alleges the driver failed to exercise reasonable care while operating the vehicle and that his actions and inactions “proximately caused” Martha Avila’s death and the family’s injuries and damages. The petition further alleges the driver acted with “reckless disregard for a substantial risk of severe bodily injury,” entitling the family to seek punitive damages.
The Harris County Sheriff’s Office previously said investigators found no evidence of a mechanical malfunction. Tesla’s Autopilot director also posted on X that the driver manually overrode the vehicle’s driver-assistance system, reaching a speed of 73 miles per hour before impact.
Attorney Chris Adkins with Zehl & Associates is representing the family and said they are still searching for answers.
“They’re really focused on getting to the truth and figuring out what happened and how it happens so they can prevent it from happening to anyone else again,” Adkins said.
The lawsuit also accuses Tesla of failing to adequately warn consumers about the limitations of its driver-assistance technology and misleading drivers about the capabilities of Autopilot and Full Self-Driving. It seeks more than $1 million in damages, along with punitive damages.
The Barbour family previously told KPRC 2 they are now living out of hotels after the crash left their home unlivable. Jennifer Barbour described her mother as a devoted grandmother who helped care for her children.
“My mom was just a blessing to have in our house,” she said.
In a statement released after the lawsuit was filed, the family thanked the first responders and medical workers who helped them.
“We would like to recognize the efforts of the first responders and the medical professionals who were there to help us during this tragedy,” the family said. “From the men and women with EMS and Life Flight, to the fire crews who had drinks for our family and stuffed animals for the children, your quick response, professionalism, and kindness have been a significant reason that we have been able to deal with this unimaginable situation. Thank you for all that you do to help families like ours during the hardest moments.”
The lawsuit demands Tesla preserve all evidence related to the crash, including the vehicle, black box data, Autopilot and Full Self-Driving logs, telemetry, software and firmware versions, sensor and camera data.