It has been determined that the driver involved in the fatal crash that occurred in 2018 was distracted with playing a video game on his cellphone when his Model X crashed into a concrete barrier:
Nonetheless the NHTSA took it upon themselves to claim that Tesla Motors hasn't made it clear enough to owners / drivers that Tesla's Auto Pilot (AP) functionality isn't capable of fully autonomous driving capability.
This is despite the fact that it has been established that distracted driving has been attributable to nearly 4,000 deaths in crashes involving distracted drivers in 2015, some 3,450 people in 2016, and an estimated 391,000 drivers were injured in distracted driving crashes in 2017:
In fact it has become the unfortunate commonplace knowledge of monitoring law enforcement and health agencies nationwide that, each day in the United States alone, approximately 9 people are killed and more than 1,000 injured in crashes that are reported to have involved a device-distracted driver:
Over the last five years of reporting, CELLPHONES (not Tesla's AP) were reported as a distraction for 14 percent of all distracted drivers in fatal crashes. In 2017 434 people died in fatal crashes that involved the use of cellphones or other cellphone-related activities as distractions:
Yet the NHTSA erroneously chooses to scapegoat Tesla despite the fact that over 99.999 & 9 tenths percent of those accidents involved a conventional, ICE automobile and not a Tesla or even one capable of some manner of Auto Pilot functionality.
Talk about discrimination!