Earlier this week, . , the driver claims Autopilot was activated at the time of the collision. But as this story plays out, time and time again, we’ve started to see a shift in the narrative: Now, these fatal impacts are , and this one is no exception — after this week’s crash in Utah, it seems Tesla will have .

this most recent Autopilot crash took place around 1:10 AM, in the HOV lane of I-15 in Draper, UT. The Tesla, careening down the highway, , sending the 34-year-old rider flying off the bike. Police claim the rider died of his injuries at the scene, and that the Tesla’s driver didn’t see the bike.

The National Highway Traffic Safety Administration ” into the crash, its . The agency may want to consider hiring some additional staff soon, as it — the last of which also ended with a dead motorcyclist.

With fatalities and investigations piling up, the NHTSA is for Autopilot. The software’s tendency to means Tesla can claim it technically isn’t in control during a crash — despite the car being responsible for the circumstances that made crashing unavoidable. Whether that hardcoded abdication of responsibility holds regulatory water, and will allow Tesla to continue selling its is now up to federal investigators.