--- title: "These Defense Attorneys Are Really Gonna Blame Their Client’s Fatal DUI Crash on BlueCruise" date: "2024-09-07" modified: "2024-09-07" authors: - name: "Beverly Braga" job_title: "Weekend Editor" link: "https://www.thedrive.com/authors/beverly-braga" url: "https://www.thedrive.com/news/these-defense-attorneys-are-really-gonna-blame-their-clients-fatal-dui-crash-on-bluecruise" categories: - "Ford News" - "News" - "News by Brand" tags: - "Electric Vehicle" - "Ford" - "Mustang Mach-E" - "suv/crossover" --- # These Defense Attorneys Are Really Gonna Blame Their Client’s Fatal DUI Crash on BlueCruise ![Ford Mustang Mach-E]() *Ford* Defense lawyers for a driver involved in a fatal DUI crash are now ready to argue that when activated, advertised [self-driving tech]() is responsible for all vehicle maneuvers, regardless of the sobriety of the human behind the wheel. The term "hands-free driving" is one of the most contentious of automotive misnomers. The gap between public perception and the reality of the technology's capabilities is a chasm so vast that fatalities, unfortunately, continue to fill it. In Pennsylvania, two lives were lost when a [Ford Mustang Mach-E](), with its BlueCruise autonomous system and adaptive cruise control enabled, barrelled into vehicles parked on the shoulder of I-95. The Mach-E was traveling 71 mph when it crashed into three vehicles. According to the [*Associated Press*](), the vehicles were stationary because one man had stopped to aid another driver whose vehicle had broken down ahead of him. Both men died from injuries sustained during the collision. The [Ford]() also struck another car, but no injuries were reported. The crash occurred back in March at around 3:00 a.m. Only recently, however, was the driver, a 23-year-old pre-med student from Philadelphia, charged. Local ABC affiliate [*WPVI-TV*]() reports that among the multitude of charges are DUI, tampering with evidence, reckless driving, and homicide by vehicle. https://youtu.be/H_IfRxLexhI?feature=shared The Ford driver's defense attorney, Zak Goldstein, is not arguing against the DUI, though. Instead, he claims that it's not a DUI-related crash to begin with if the inebriated driver wasn't actually driving. "If, in fact, it's a failure in a self-driving or a driving system, that may not be a homicide by DUI even if the driver is intoxicated," said Goldstein. This is also not the first Mach-E-involved crash this year. The [*AP*]() reports at least one other with nearly identical circumstances (i.e. BlueCruise enabled, nighttime conditions, collision with a stationary vehicle) occurred in Texas in February. The National Highway Traffic Safety Administration is [investigating both Mach-E crashes](). The agency already has its hands full investigating [Tesla]()'s autonomous driving features. The NHSTA said 956 crashes, which resulted in 29 deaths, have involved [Autopilot and Full Self Driving systems](). As a reminder, no car on the road today is rated as a complete hands/eyes/brain-free, [fully self-driving vehicle](). At best, systems like BlueCruise, GM's [Super Cruise](), and Nissan's [ProPilot Assist]() are [Level 2]() partially autonomous systems. Maybe borderline Level 3. This means although your hands may be allowed off the steering wheel, you'll need to be ready to take control at any time. Ford's own [press release]() about BlueCruise states: "Driver-assist features are supplemental and do not replace the driver’s attention, judgment and need to control the vehicle… Always watch the road and be prepared to resume control of the vehicle. It does not replace safe driving." Perhaps that should be amended to include "sober" driving as well. *Got tips? Send ’em to tips@thedrive.com* ## Author Born and raised in Hawaii, Beverly has been a prolific and published creative writer since her teens. As a contributor to The Drive, Beverly covers the weekend shift, blogging about all things automotive, mobility, transportation, and topics in-between. Currently a digital nomad, Beverly's only constant is her car, a second-generation Mazdaspeed3. Even though she's never in one place for too long, her hot hatch always feels like home. ### Author social links [Instagram]() [LinkedIn]()