NHTSA Complaint #11604686 — 2022 VOLKSWAGEN ID.4

On 5/13/2023, I drove using adaptive cruise control (ACC). I traveled approximately 9 miles without issues and turned left into a parking lot. Upon turning, the break was engaged and which canceled the cruise control. I do not recall the exact speed it was set but it was over 50mph. I drive my VW ID.4 in B mode which is brake energy recuperation mode and brakes the car as soon as the foot is lifted from the accelerator. In the parking lot, I was driving at a slow rate of speed because it was a Saturday morning and there were lots of kids going to the Jui Jitsu gym and dance studio which was my destination. While navigating at this slow speed, I typical lift my foot off of the accelerator rather than tapping the brakes as it is an effective method in the B driving mode. I was turning right into a spot, my foot was on the accelerator because there is not coasting in this mode to turn into the spot. As I was turning the wheel hard to the right, my hand grazed the capacitive controls of the ACC and resumed the cruise control causing my car to suddenly accelerate at the previously set speed into the curbing. As mentioned, my foot was on the accelerator as I was pulling into the spot. When the car crashed into the sidewalk the impact caused my foot to depress further on the accelerator which caused a secondary impact into a support pillar further on the sidewalk. Fortunately, the pillar was there, otherwise, I would have crashed through the yoga studio directly behind the pillar which had a full class going. I also narrowly missed a father and son walking on the sidewalk to Jui Jitsu. I notifed VW and they analyzed the black box but claimed the accident to be my fault since the accelerator pedal was engaged, and I did not break until after impact. I do not dispute that.