Defense in Apple store crash death suggests faulty AI was to blame

Officials allege Bradley Rein was traveling as fast as 60 mph in the seconds before the fatal crash.

A lawyer for the driver charged in the deadly 2022 Hingham Apple store crash says faulty AI technology could have caused the SUV to accelerate into the shop’s glass facade, killing one person and injuring nearly two dozen others.

According to prosecutors, Hingham resident Bradley Rein told authorities his right foot became stuck on the accelerator in his 2019 Toyota 4Runner as he was driving around the Derby Street Shops on Nov. 21, 2022.

“He stated he used his left foot to try to brake but was unable to stop the vehicle and [it crashed] through the front of the Apple store,” Assistant District Attorney David Cutshall said during Rein’s arraignment the following day. A Massachusetts State Police report reviewed by The Boston Globe indicated Rein had gotten his foot stuck on the accelerator once before.

In a motion filed last week, however, defense attorney Joan Fund suggested artificial intelligence could have played a role in the crash. Officials allege Rein was traveling as fast as 60 mph in the seconds before the crash, which killed 65-year-old New Jersey construction worker Kevin Bradley.

Through the new motion, Fund is seeking customer complaints about unintended acceleration and vehicle speed increasing without a driver pressing the pedal. The request is aimed at all Toyota models made between 2015 to 2022; earlier model Toyotas were previously subject to National Highway Traffic Safety Administration scrutiny over mechanical issues that caused sudden acceleration for some vehicles.

The Hingham case generated widespread media coverage, and “as a result of this multifaceted attention a number of people contacted counsel and prior attorney for Bradley Rein with information regarding similar incidents and accidents,” Fund wrote in a memo accompanying the motion.

One example cited in the motion outlined unintended acceleration in a 2020 Toyota Prius. In that incident, the Prius driver saw no reduction in speed “despite braking aggressively” and ended up crashing into two stopped vehicles, according to Fund.

Data from Rein’s car and the Prius reflect 100% throttle activation and “minimal or no service brake activation prior to the impact, when both drivers stated the service brake was applied and were not on the accelerator,” Fund alleged.

Noting Toyota’s use of AI-powered features, she theorized the technology could have contributed to Rein’s crash.

“Many of these AI systems control engine power and braking systems which could possibly cause unintended acceleration and the disabling of the brake system as directed by bad coding or computer operating software,” Fund wrote.

Toyota declined to comment through a spokesperson, explaining the company isn’t a party to the pending case.

Rein has pleaded not guilty to charges of second-degree murder; motor vehicle homicide by negligent operation; reckless operation of a motor vehicle; 18 counts of assault and battery with a dangerous weapon causing serious bodily injury; and four counts of assault and battery with a dangerous weapon.