https://www.cnet.com/roadshow/news/tesla-autopilot-florida-crash-negligence-lawsuit/

In addition to the counts of liability, negligence and misrepresentation filed against Tesla, the plaintiff also brought a count of negligence against the owner of the disabled vehicle for leaving it in the roadway.

 "In this case, the car was incapable of transmitting log data to our servers, which has prevented us from reviewing the vehicle's data from the accident," a Tesla spokesperson said in an emailed statement. "However, we have no reason to believe that Autopilot malfunctioned or operated other than as designed."