A federal safety investigation now includes the February 1 Interstate 10 crash in Ascension Parish that killed Jose Luis Martinez II and Ashley Garza, both 32, and injured two other people.
The National Highway Traffic Safety Administration opened Preliminary Evaluation PE26007 on September 21, 2026. The agency is examining five crashes involving vehicles equipped with comma.ai aftermarket driver-assistance devices. TechCrunch reported on September 23 that one fatal case appears to be the Ascension Parish crash and that the Toyota RAV4 was running FrogPilot, a third-party fork of comma.ai’s openpilot software.
The investigation is preliminary. NHTSA has not determined that the device or software caused this crash, identified a safety defect, or ordered a recall.
What NHTSA is investigating
NHTSA’s opening resume identifies five crashes in which vehicles equipped with comma.ai devices reportedly struck stopped or slow-moving vehicles in the same travel lane. Two crashes resulted in three deaths. Four crashes involved 11 nonfatal injuries, including serious injuries.
The agency says it confirmed that the systems were powered on or engaged in multiple crashes. Its preliminary data suggests that the comma system may not have adequately detected or responded to the vehicles ahead.
That language does not establish the status or performance of the system in every crash. NHTSA says it will verify system status for each incident and examine performance and safeguards. When modified openpilot software, known as a fork, was involved, the agency will consider both the fork and the components it shares with openpilot.
TechCrunch matched one of the fatal reports to the Ascension Parish crash and identified FrogPilot as the software running on the RAV4. NHTSA’s public opening resume lists the underlying crash-report numbers but does not identify the Louisiana location or the people killed by name.
What State Police reported about the I-10 crash
Louisiana State Police reported that the 2022 Toyota RAV4 was traveling in the left lane of I-10 West near milepost 179 shortly before 8:30 p.m.
An unoccupied, fully marked 2023 Chevrolet Tahoe belonging to the Gonzales Police Department was positioned in the left lane with its emergency lights activated. Officers were investigating a separate crash. State Police said the Toyota struck the rear of the parked police vehicle for reasons that remained under investigation.
Martinez was restrained in the rear-left seat and died at the scene. Garza was restrained in the rear-right seat, suffered serious injuries, and later died at a hospital. The Toyota’s driver and front passenger were restrained and hospitalized with moderate injuries.
State Police said impairment was unknown and routine toxicology samples were submitted. The reviewed public sources do not provide a final toxicology result, identify the driver, or announce a final crash finding.
The public release is a starting point, not the complete evidentiary record. The firm’s guide to obtaining Louisiana crash reports explains why the investigating agency’s report and supplements matter after a collision. The published Baton Rouge car-accident service page describes the broader claim process.
The system’s status and vehicle data are central questions
The federal investigation adds a specific unresolved issue: what functions the aftermarket device and software were performing immediately before impact. Investigators will need to distinguish among the Toyota’s original systems, the comma.ai hardware, openpilot components, FrogPilot modifications, and the driver’s actions.
Potentially important evidence includes the installed device, its software image and configuration, available operating logs, forward-facing video, Toyota diagnostic and event data, and records showing whether steering or speed-control functions were engaged. Scene measurements and the Gonzales Police Tahoe’s lighting and positioning remain relevant to reconstructing what the driver and any active system encountered.
A federal investigation does not decide civil responsibility. It may, however, produce technical evidence that was unavailable when the crash was first reported. Software, devices, video, and stored data can change or disappear, which makes early preservation important. The firm’s Louisiana car-accident evidence guide explains how electronic records fit with photographs, witness accounts, and official reports.
Sources
- NHTSA Office of Defects Investigation, Preliminary Evaluation PE26007 opening resume
- Louisiana State Police, Two Killed in Ascension Parish Crash on Interstate 10
- TechCrunch, Comma’s hands-off driving technology under investigation after fatal crashes
Sources checked: September 28, 2026.