PALO ALTO (CBS SF) – A Florida woman is suing Palo Alto-based Tesla after her husband died in a car crash in which they blame the car’s autopilot system.

Jeremy banner was killed four months ago when the Tesla Model 3 he was driving collided with a truck near Delray Beach.

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The lawsuit contends the car’s autopilot safety system failed, causing the crash.

“There’s no question at all that it was defective. It did not work properly. In fact, it didn’t work at all,” says Trey Lytal, attorney for Banner’s widow.

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The Banner family attorney does say the truck driver was at fault in the accident, and had violated Banner’s right of way.

Tesla released a statement, saying the autopilot system is safe “when used properly by an attentive driver who is prepared to take control at all times.”

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Tesla faces a similar lawsuit for a driver’s death in a Model X crash in Santa Clara County.