NHTSA Preliminary Evaluation: FSD Collisions in Reduced Roadway Visibility Conditions (PE24-031)
Opened October 17, 2024 · Tesla, Inc.
NHTSA opened a preliminary evaluation (PE24-031) on October 17, 2024 into fsd collisions in reduced roadway visibility conditions in 2023-2024 Tesla Cybertruck, 2021-2024 Tesla Model 3, 2021-2024 Tesla Model S and 2 more. The investigation is closed on March 18, 2026.
PE24-031 at a glance
| NHTSA action number | PE24-031 |
|---|---|
| Type | Preliminary Evaluation |
| Opened | October 17, 2024 |
| Status | Closed March 18, 2026 |
| Vehicles | 2023-2024 Tesla Cybertruck, 2021-2024 Tesla Model 3, 2021-2024 Tesla Model S, 2021-2024 Tesla Model X, 2021-2024 Tesla Model Y |
| Component | Electrical System > Adas |
| Manufacturer | Tesla, Inc. |
| Resulting recall | None listed |
What is NHTSA investigating in the Tesla Cybertruck?
From NHTSA’s investigation summary:
On October 17, 2024, NHTSA's Office of Defects Investigation (ODI) opened a Preliminary Evaluation (PE24031) of Tesla's Full Self Driving Beta and Full Self Driving (Supervised) (collectively, FSD) to assess: the ability of the FSD system to detect and respond appropriately to reduced roadway visibility conditions; whether any other FSD crashes had occurred under degraded roadway visibility conditions that are similar in nature to the four SGO-reported crashes identified in the opening document, and if so, the contributing circumstances for each of those crashes; and any updates or modifications by Tesla to the FSD system that may affect the performance of FSD in degraded roadway visibility conditions, including the timing, purpose, and capabilities of any such updates, and Tesla's assessment of their safety impact.
Tesla's FSD is an advanced driver assistance system (ADAS) that relies exclusively on vision-based cameras and the related FSD software to detect and respond to the roadway ahead, projecting a path forward based on traffic control devices, vehicles, pedestrians, and the roadway itself.
During this phase of the investigation, ODI reviewed the materials provided by Tesla detailing any actions taken, or changes, modifications, and updates made that may relate to the alleged defect.
ODI reviewed information related to Tesla's transition to a vision-only perception system, and its deployment of the strategy in vehicles.
ODI's findings include information on limitations of the vision-only perception system and updates made in response to known subject crashes.
When Tesla began transitioning away from using both cameras and radars to an exclusively camera-based approach, known as Tesla Vision, in mid-2021, it developed and implemented a degradation detection system that it deployed by a software update to existing and new Tesla vehicles.
On June 28, 2024, the day after Tesla submitted the SGO report of the November 28, 2023 fatal crash listed in this document, Tesla began developing an update to the degradation detection system.
ODI reviewed certain public statements, including those made during an April 2025 earnings call, in which Tesla stated that it had developed a breakthrough "direct photon-counting" capability that eliminates the degradation that the camera-based system experiences when glare is encountered.
At this time, ODI does not have information on when the update was deployed and which vehicles have the updated system.
ODI has discussed individual incidents and its initial findings with Tesla.
Based on Tesla's post-incident analysis, the update to the degradation detection system, had it been installed on the vehicles at the time, may have affected 3 of the 9 incidents identified by ODI.
Review of Tesla's responses revealed additional crashes that occurred in similar environments and where the system either did not detect a degraded state, and/or it did not present the driver with an alert with adequate time for the driver to react.
In each of these crashes, FSD also lost track of or never detected a lead vehicle in its path.
Tesla also described internal data and labeling limitations that prevented a uniform identification and analysis of crash events with the subject system engaged.
ODI believes this limitation could have led to under-reporting of subject crashes over portions of the defined time-period.
Available incident data raise concerns that Tesla's FSD system fails to detect and/or warn the driver appropriately under degraded visibility conditions such as glare and airborne obscurants where the camera-based system performance degrades significantly.
In the crashes that ODI has reviewed, the FSD system did not detect common roadway conditions that impaired its visibility and/or provide alerts when camera performance had deteriorated until immediately before the crash occurred.
ODI is upgrading this investigation (PE24031) to Engineering Analysis (EA) 26002 to further evaluate this matter.
The crashes included in the failure report summary can be found at NHTSA.gov under the following SGO report identification numbers: 13781-8004, 13781-7181, 13781-7381, 13781-7767, 13781-7964, 13781-8977, 13781-9267.
What is a preliminary evaluation?
Preliminary Evaluation is the first stage of a federal defect investigation. NHTSA reviews complaints, crash reports and manufacturer data to decide whether a safety defect may exist. It can close with no action, be upgraded to an engineering analysis, or end with a recall.
Did this investigation lead to a recall?
NHTSA closed this investigation on March 18, 2026 without listing a recall. That can mean NHTSA did not find a safety defect it could prove, or that the manufacturer addressed the issue another way. A closed investigation does not mean owners have no lemon law claim if the problem keeps happening.
Which vehicles are part of this investigation?
| Model years | Make | Model |
|---|---|---|
| 2023-2024 | Tesla | Cybertruck |
| 2021-2024 | Tesla | Model 3 |
| 2021-2024 | Tesla | Model S |
| 2021-2024 | Tesla | Model X |
| 2021-2024 | Tesla | Model Y |
What are Tesla Cybertruck owners reporting to NHTSA?
NHTSA’s public database lists 6,538 owner complaints filed since 2020 for the vehicles in this investigation (all components). Complaints are unverified owner reports.
What should owners do?
- Check your VIN at nhtsa.gov/recalls for any open recall on your vehicle.
- If you have the problem NHTSA is investigating, take the vehicle to a dealer now and get a repair order, even if the dealer cannot find anything.
- Keep a log of every time the problem happens: date, mileage and what happened. Photos and videos help.
- File your own complaint at nhtsa.gov/report-a-safety-problem. Owner complaints are what start and expand investigations.
- If the problem keeps coming back, talk to a lemon law attorney.
Recalls on the same vehicles
- 2026 Tesla Model Y Front Suspension Recall (26V558)
- 2021-2023 Tesla Model 3 Headlight Recall (26V507)
- 2026 Tesla Model Y Knee Bolster Recall (26V445)
- 2025-2026 Tesla Model Y Label Recall (26V315)
- 2021-2023 Tesla Model 3 Backup Camera Software Recall (26V283)
- 2024-2026 Tesla Cybertruck Brake Rotor Recall (26V255)
- 2024 Tesla Cybertruck Lighting Recall (25V735)
- 2024-2026 Tesla Cybertruck Lighting Recall (25V699)
- 2025 Tesla Model 3 Fuses Recall (25V690)
- 2026 Tesla Model Y Wiring Recall (25V658)
Can a recall or defect investigation make my car a lemon in California?
Not by itself. What matters is whether a covered defect keeps coming back or keeps your vehicle at the dealer, and a federal investigation or recall is strong evidence that the problem is real.
Under California’s Song-Beverly Consumer Warranty Act, a manufacturer that cannot fix a warranty defect that substantially impairs a vehicle’s use, value or safety within a reasonable number of attempts may have to repurchase or replace it (Civ. Code 1793.2(d)). Within the first 18 months or 18,000 miles, the law presumes a reasonable number of attempts after two repairs of a defect likely to cause death or serious injury, four repairs of the same defect, or more than 30 days out of service (Civ. Code 1793.22(b)).
An owner who prevails can recover reasonable attorney fees and costs from the manufacturer (Civ. Code 1794(d)). You pay nothing, win or lose. We are paid only if you win, and the manufacturer pays our fees, including in settlements. If a case is lost, our firm covers the costs.
In our cases, a recall repair visit counts as a repair attempt, and it's strongest when the owner complained about the problem before the recall came out. A recall shows the defect is real and that enough owners reported it for the manufacturer to issue a fix.
The biggest mistake I see is waiting too long. The mileage offset starts at your first repair visit for the problem, so the sooner you take it in, the better. If the problem comes and goes, take it in when it happens. You can't go back to that date later.
If you get a recall notice, call a lemon law attorney right away. You may have taken the car in for the same problem before and forgotten, or there may be other recalls related to it.
Jacob Shayesteh, Esq. (SBN 362320), Founder and Managing Attorney. Quotes lightly edited for clarity. Prior results do not guarantee a similar outcome.
Frequently asked questions
Does the recall fixing my car mean I have no case?
Not necessarily. Even if the recall repair fixed it, you may still have a case, and a car that's a year or more old can still qualify.
Do used cars qualify for California lemon law?
We take certified pre-owned, demo and dealer vehicles. Since the California Supreme Court's Rodriguez decision in 2024, ordinary used cars generally do not qualify.
How long does a recall lemon law case take?
Recall-related cases typically resolve in one to three months from your first call. Prior results do not guarantee a similar outcome.
What does a lemon law attorney cost?
You pay nothing, win or lose. We are paid only if you win, and the manufacturer pays our fees, including in settlements. If a case is lost, our firm covers the costs.
Sources
- NHTSA investigation, recall and complaint data, accessed October 7, 2026
- California Civil Code 1793.22
Jacob Shayesteh, Esq., Founder and Managing Attorney of America’s Lemon Lawyer (Wynn Law Group, APC). Licensed by the State Bar of California, No. 362320. His practice focuses on California lemon law under the Song-Beverly Consumer Warranty Act.
State Bar of California license record · Avvo · Martindale-Hubbell · Lawyers.com · LinkedIn · Our attorneys
Attorney advertising. America’s Lemon Lawyer is a trade name of Wynn Law Group, APC. Responsible attorney: Jacob Shayesteh, Esq. (SBN 362320). This page reports public NHTSA data and is general information, not legal advice. Not affiliated with NHTSA or any vehicle manufacturer. Prior results do not guarantee a similar outcome.