A West Palm Beach civil trial attorney with a recent multimillion-dollar victory is guiding an investigation into a deadly crash that claimed a Tesla driver's life in South Florida—a nod to potential litigation against the California-based car maker.

Lake “Trey” Lytal III won a nearly $2 million personal injury verdict in March against Florida Power & Light Co. And now, Lytal has been retained by the family of Jeremy Banner, a Lake Worth man who died when his 2018 Tesla Model 3 collided with a tractor-trailer March 1.

No lawsuit had been filed by press time Thursday, but the family is gearing to hold a press conference. And a statement by the Lytal, Reiter, Smith, Ivey & Fronrath managing partner suggests the relatives are weighing liability by Tesla, which manufactures electric cars.

In a significant nod to potential defendants, the statement mentions a report by the National Transportation Safety Board, which found Banner had been using his vehicle's autopilot function when the crash occurred.

“The Banner family has been devastated by this tragedy that needlessly took from them a loving father and husband,” said Lytal, who is also president of Florida Justice Association, formerly the Academy of Florida Trial Lawyers. “We have assembled a team of experts to work with the NTSB in holding the appropriate parties accountable. The preliminary report confirmed the tractor-trailer driver violated Mr. Banner's right of way, in combination with Tesla's autopilot safety system doing absolutely nothing to prevent the collision.”

Tesla's press office did not return requests for comment by deadline.

According to the National Transportation Safety Board's preliminary report, Banner was driving southbound on State Road 7 in Delray Beach when his Model 3 struck an eastbound tractor-trailer truck attempting to make a left turn across lanes. Banner was driving at 68 mph when his car hit the left side of the truck. The crash tore off the Telsa's roof, as the car passed beneath the truck. It left Banner with fatal injuries, to which he succumbed at the scene of the crash.

The driver of the truck was not harmed in the incident.


Read the complaint:


The National Transportation Safety Board said data collected from the vehicle showed Banner had activated the Model 3's autopilot mode approximately 10 seconds before the crash.

“From less than eight seconds before the crash to the time of impact, the vehicle did not detect the driver's hands on the steering wheel,” the report said. ”Neither the preliminary data nor the videos indicate that the driver or the [advanced driver assistance system] executed evasive maneuvers.”

Tesla has been named as a defendant in several lawsuits challenging the safety of its vehicles and automated driver program. An October 2018 negligence suit filed in Orlando alleged the failure of a Tesla Model S while in autopilot mode to avoid colliding with an immobile Ford Fiesta left the driver with permanent injuries.

Another complaint concerning the safety of the Model S was filed in Broward Circuit Court in January. That suit contends the “inherently unstable” and flammable batteries of the Model S caused the May 2018 deaths of two Fort Lauderdale residents after their vehicle crashed into a wall at 116 mph.

Thursday's statement announcing Lytal's retention by Banner's relatives said the group is planning a press conference.

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