Image: NTSB

A wrongful death lawsuit has been filed by the family of a man who died in a fiery crash at a store of the electric car maker.

On September 13th, 2021, Nicholas and his passenger, Jazmin Alcala, died in a crash when the underbody of his Model 3 struck the road as it drove through an intersection near his home in Coral Gables, Florida. The car went out of control, left the road, and struck two trees before it was engulfed in flames.

A lawyer for the family of a man who died in a car crash argues that the car's suspension failed, causing the bottom to hit the road and ignite the batteries, and leading to sparks shooting out of the car. According to the report, the vehicle was brought to the store for service on its steering and suspension just four days before the accident. The service manager is accused of negligently inspecting the car, as well as failing to safely assemble the vehicle, by the group.

The National Transportation Safety Board's (NTSB) preliminary report states that the car traveled up to 90 mph in the five seconds before the crash, and the driver never pressed the brakes.

The video of the crash that was taken by the dash-mounted camera of another car is in a media report. In it, the car is seen driving through the intersection, with sparks appearing as it hits the road before it crashes. The police report states that the vehicle hit a hump in the road while going through the intersection and the driver accelerated to beat the stoplight.

In October, the company recalled 2,791 vehicles because of a front suspension link that may not have been secured properly. The Model Y and Model 3s that were recalled were built between the months of March and June of 2021.

The recall itself is not mentioned in the lawsuit. There were 133 warranty claims and 104 field reports that could be related, but no injuries, deaths, or accidents, according to an amended report submitted on December 15th.