&quot;I wasn&#x27;t going any faster than the guy ahead of me&quot; isn&#x27;t a defense.  But, should an accident happen and things wind up in a courtroom, &quot;The car picked the speed&quot; is a very good argument for joint liability (ie &quot;it&#x27;s partly Tesla&#x27;s fault&quot;).<p>FYI, most every manufacturer of moving vehicles set their speedometers slightly high.  On motorcycles it can be as much as 10%.  This is to avoid any accusation that any inaccuracies in their product (ie changing tire diameter) might result in someone going faster than indicated.