The NHTSA is now investigating a fatal crash involving a Tesla Model S with the Autopilot system activated — the first known fatality involving the Tesla Model S Autopilot.

The accident occurred on a divided highway, when a tractor trailer drove across the highway perpendicular to the Model S. Neither the driver nor the car noticed the big rig or the trailer “against a brightly lit sky” and brakes were not applied.

Because of the high ride height of the trailer, as well as its positioning across the road, the Model S passed under the trailer and the first impact was between the windshield and the trailer, according to the The Verge.

Tesla has made an initial statement about the accident via its blog.

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