On February 11, 2024, Angela Chao was pronounced dead after she drove her Model X SUV Telsa into a pond. Earlier that day, she had invited seven friends to spend the weekend at a ranch near Johnson City. The ranch was 900 acres. The party had attended a concert by rapper Pitbull in Austin, TX the night before. After dinner, Chao headed back home to the main house. During a three-point turn though, she accidentally reversed her car into the pond. She was unable to open her door or to break the glass as the car filled with water.
Chao called a friend, Amber Keinan, to say goodbye as the water was rising. The conversation lasted about eight minutes as Chao told Keinan that she loved her. The County Sheriff arrived on the scene and finally pulled Chao from the vehicle by smashing the driver’s side window. A toxicology text found she had a blood alcohol concentration of .233g. The legal alcohol limit in Texas is .08g.
Chao was the chairwoman and CEO of the Foremost Group, her family’s global shipping company. Chao and her husband had an estimated net worth of $14.2billion. Her older sister, Elaine Chao, was a prior transportation secretary under the 44th President and the labour secretary under President George W. Bush. Her brother in law is retiring Senate Minority Leader Mitch McConnell.
The Telsa that Chao was driving has been the subject of scrutiny and complaints. The Federal Department of Transportation, ironically the department that her sister had been secretary of, had received about a dozen complaints about Tesla’s reverse gear. Drivers reported unexpected shifting between the vehicle’s drive and reversal function. The number of complaints suggests this may be a design error with the gearshift than a user problem.
The American Automobile Association also conducted tests suggesting that the Telsa’s tempered or laminated glass was highly resistant to breaking underwater. They are also impossible to break during a fire. This would have inhibited any efforts by Chao to escape or any rescue efforts to get her out, which would be critical if she was quickly losing air in her vehicle. There would have been no way out unless she immediately rolled the windows prior to sinking or waited to open the door after pressure inside the vehicle and outside equalized.
Telsa is potentially responsible if their vehicles are designed such that a vehicle goes into reverse when it should go forward. Likewise, it is on the car manufacturer to build a car that drivers or rescuers can break in case of emergency as a safety precaution.
Contributory Negligence
Any car manufacturer in this situation would point to the user’s own negligence. A toxicology report determined Chao had a blood alcohol concentration of .233g, well over Texas’ legal alcohol limit of .08g. The ranch was 900 acres, which is extremely large since 10 acres is roughly 7 football fields. Chao would have had to put in some effort to get her car into the pond, especially if she was familiar with the layout of the ranch. While Chao should have been rescued, she also bears responsibly for getting itself into the situation in the first place.
Texas follows a modified comparative fault rule. This means that a plaintiff can recover damages only if they are less than 51% at fault. If the plaintiff’s fault is 51% or more, they will not be entitled to any recovery. A jury would weigh Telsa’s vehicle design against Chao’s own intoxication to determine the percentage of liability. If a jury would determine that Chao was at least 51% at fault, her estate would not recover anything.
Do I Need the Help of a Personal Injury Attorney?
If you have sustained a personal injury through the unlawful act of another, then you should contact a personal injury attorney. A skilled personal injury lawyer near you can review the facts of your case, go over your rights and options, and represent you at hearings and in court.