A few days after a Tesla plowed through a Texas home and killed a grandmother, the family sued the carmaker, alleging that the Model 3’s automated assist mode was defective.

In a complaint filed this week in Harris County District Court, Jennifer Barbour, the daughter of 76-year-old Martha Avila, and Barbour's husband Justin confirmed they were seeking more than $1 million in damages following their sudden and tragic loss.

After the crash, the driver, Michael Butler, who is also a named defendant in the lawsuit, told police that the automated driver-assist feature was engaged when he lost control of the car. Cops told Ars on Monday that they’re still investigating whether the feature was in use and confirmed that Butler was not intoxicated and has been cooperating with police.

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An elderly Texas woman tragically died Friday after a man who told police he was relying on his Tesla Model 3’s automated driver-assistance mode lost control and crashed his car into her family’s home.

In a statement, the Harris County Sheriff’s Office confirmed to Ars that Michael Butler said that “he was operating with an automated driving-assistance system engaged at the time of the crash.” Police are currently investigating whether the autopilot feature in any way caused the crash but confirmed that Butler was not intoxicated and is cooperating, partly by helping cops understand how Tesla’s Autopilot feature works.

“Butler failed to drive in a single lane, left the roadway, and struck the residence” at a “high rate of speed,” the sheriff’s office said.

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