Trust Betrayed? How Black Box Thinking, the Federal Government, and Trial Lawyers Play a Vital Role in Product Safety

My oldest son is fascinated by the incredible technology behind self-driving vehicles. He views Tesla not as a car company, but as a technology company — and he has complete confidence in his safety inside a driverless vehicle.

He’s thirty years old. I’m sixty. It may come as no surprise that I’m less inclined to trust my safety to a computer over a human driver.

This isn’t a post about who’s right. It’s about trust — and the mechanisms that exist (or fail to exist) to preserve it.

The Federal Investigation Into Tesla’s Full Self-Driving System

On October 9, 2025, Reuters reported that the National Highway Traffic Safety Administration (NHTSA) opened an investigation into 2.88 million Tesla vehicles equipped with the company’s Full Self-Driving (FSD) system, following more than 58 reports of traffic safety violations.

In six of those cases, NHTSA found that a Tesla using FSD “approached an intersection with a red traffic signal, continued into the intersection against the red light, and was subsequently involved in a crash with other motor vehicles.”

Just a year earlier, in October 2024, NHTSA launched another investigation after four reported collisions in low-visibility conditions such as fog, sun glare, or airborne dust — one of which was fatal.

The Myth of Preapproved Product Safety

We trust that the products we use every day are safe. When they fail, we feel betrayed.

But if you think a federal agency pre-approves or certifies that a self-driving car (or any new technology) is safe, you’re mistaken.

Under U.S. law, NHTSA does not preapprove new vehicle technologies such as automated driving systems. Instead, automakers self-certify that their vehicles comply with federal safety standards — leaving regulators to step in only after problems arise.

Even then, NHTSA’s power is limited. It can issue warnings, open investigations, or encourage manufacturers to recall vehicles, but it cannot mandate recalls directly. These processes can take months or even years, and often result in no official finding of defect.

The Role and Limits of the Consumer Product Safety Commission

The Consumer Product Safety Commission (CPSC) oversees thousands of product categories — from toys to household appliances. It can develop safety standards, issue warnings, and educate the public about hazards.

However, nearly all product recalls are voluntary. That means the manufacturer decides whether to recall a dangerous product.

Like NHTSA, the CPSC is largely reactive, responding to reports of injuries or deaths after failures occur. And its power depends on the resources Congress allocates. During government shutdowns, the CPSC operates with a skeleton staff, focusing only on emergencies while ignoring compliance reviews, rulemaking, and enforcement.

Profit vs. Safety: A Constant Conflict

Ultimately, we rely on manufacturers to make safe products — even when doing so affects their bottom line. There’s nothing wrong with seeking profit. But when a company knowingly sacrifices safety to save money, accountability is critical.

If corporations aren’t held responsible when defective products cause harm or death, history will repeat itself.

What We Can Learn from “Black Box Thinking”

Author Matthew Syed in his book, “Black Box Thinking,” describes how the aviation industry offers a powerful example of “black box thinking” — a relentless commitment to learning from failure.

According to the December 2024 report of the Air Transport Action Group, there were approximately 39 million commercial flights in 2023 and only about five fatal flights on average over the past 5 years.  As a result of dissecting every minute detail of accidents for the purpose of preventing future similar errors, aviation has become the safest mode of transportation. That safety record is built on exhaustive investigations that examine every error and implement changes to prevent future tragedies.

Tesla claims to use similar methods, analyzing crashes through vehicle data recorders and cameras to reconstruct events. But both drivers and regulators have criticized Tesla’s investigations for incomplete reporting and failure to address consumer complaints effectively.

When Trust Is Broken, Trial Lawyers Step In

When neither manufacturers nor regulators act to make things right for those harmed, trial lawyers become the last line of accountability.

Trial attorneys uncover evidence showing when companies knew of safety risks but chose profits over people. They hold manufacturers responsible for preventable injuries and deaths — ensuring that future harm is less likely.

Unfortunately, by the time a trial lawyer is involved, tragedy has already struck. Victims who trusted in product safety often become the catalysts for change that prevent others from suffering the same fate.

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