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  • A Tesla Model S hit and killed a motorcyclist near Seattle last week.
  • The driver of the 2022 sedan claimed Autopilot was activated at the time of the crash and he was looking at his phone.
  • Police have charged the driver with vehicular homicide.

A Tesla driver who collided with a motorcycle, killing its rider last week, told police at the scene that the car’s Autopilot autonomous system was activated.

The 2022 Model S ran into the bike in Maltby, north east of Seattle, dragging the rider – later named as Jeffrey Nissen, 28, of Stanwood, Washington – underneath. Emergency services declared Stanwood dead at the scene.

Related: Tesla Settles Autopilot Crash Suit A Day Before Trial

Authorities haven’t revealed the name of the Tesla driver, but the 56-year-old man FOX 13 Seattle identified as Carl Hunter told a Washington State Patrol trooper that the EV had its Autopilot autonomous software activated at the time of the crash.

The driver, who has since been charged with vehicular homicide, admitted that he’d glanced down at his cellphone in the moments prior to the crash, and told first responders that his EV “lurched forward as it accelerated and collided with the motorcycle in front of him.”

Accident investigators claim the bike rider was launched off his motorcycle from the initial impact and then run over by the EV, Fox Business reports. When emergency services arrived he was still under the car.

 Tesla Driver That Killed Motorcyclist Charged With Vehicular Homicide, Was Autopilot Activated?

Tesla has yet to publicly confirm from its own records whether Autopilot really was engaged prior to the crash, but even if it was, that wouldn’t be a valid excuse for the driver. Tesla says that regardless of whether any autonomous system is activated, it’s the driver’s responsibility to pay attention to the road at all times and be ready to take back control if needed.

By saying that he was looking at his phone, the Model S driver effectively admitted that he wasn’t paying attention. He had also reportedly consumed a single alcoholic drink, but passed field sobriety and blood tests.

Tesla recently announced a massive recall related to Autopilot after regulators ruled that it was too easy for drivers to ignore warnings telling them to resume control. The automaker rolled out over-air updates that made it clearer to drivers when they should snap to it, and also when the system had disengaged.

The firm also recently settled a lawsuit brought by the family of a driver who was killed while Autopilot was activated in his Model X, but shows no sign of backing away from autonomous tech. It is currently offering Model 3, X Y and S owners a 30-day free trail of its more advanced Full Self-Driving system and has cut the option’s purchase price to $8,000.

 Tesla Driver That Killed Motorcyclist Charged With Vehicular Homicide, Was Autopilot Activated?