When two people die in very similar crashes years apart, the reason seems obvious. Autopilot, Tesla’s driver assist system, can’t recognize trucks crossing the road. They knew it couldn’t, and they didn’t fix it. And now we have testimony from their engineers admitting this.

Despite the company’s knowledge “that there’s cross traffic or potential for cross traffic, the Autopilot at the time was not designed to detect that,” according to testimony given in 2021 by company engineer Chris Payne that was excerpted in a recent court filing. Engineer Nicklas Gustafsson provided a similar account in a 2021 deposition.

The family for one of the dead Tesla owners is seeking punitive damages in a lawsuit set to go to trial this October.